Manawatu RC 29 July 2021 – R2 – Dan O’Leary

SUMMARY OF FACTS:

Mr Williamson informed the Adjudicative Committee that Mr O’Leary had two horses in the said race namely Captains Run (Horse Number 2 – Mr Mathew Cropp) and Elusive Ace (Horse Number 2 – Mr Reece Cole). Weighing out was 66.0kg (Captains Run) and 66.6kg (Elusive Ace). Upon  returning to scale Mr Cropp weighed in at 64.8kg a difference of -1.2kg. Mr Cole weighed in at 67.7kg a difference of +1.1kg. Elusive Ace crossed the line in 4th place whilst Captains Run was placed 5th . Captains Run was subsequently disqualified.

EVIDENCE:

Mr Williamson provided a copy of the Clerk of Scales weigh in sheet confirming the aforementioned.

SUBMISSIONS:

Mr Williamson outlined the horses were saddled incorrectly.  Mr O’Leary confirmed this. By way of explanation Mr O’Leary outlined that both horses (particularly Captains Run) are difficult to handle  and that he intentionally left it as late as possible to saddle and present them to the birdcage.  Our understanding is that the saddles sat on the ground side by side whilst both saddle clothes were put in place.  He then, in error, incorrectly saddled the horses.

REASON FOR DECISION:

The said rule 614(1) states … A person must not be neglectful or careless in saddling a horse.

DECISION:

As Mr O’Leary admitted the breach the charged was proved.

SUBMISSION FOR PENALTY:

Mr Williamson contended that a significant fine be imposed. While he agreed Mr O’Leary was under time pressure it is his responsibility to ensure that his horses are saddled and presented correctly. He was concerned that the extra weight carried by Elusive  Ace could have affected its performance. Mr O’Leary did not offer comment.

REASON FOR PENALTY:

The Committee concur with Mr Williamson’s assertion that ultimately it was the responsibility of Mr O’Leary to present both horses correctly. We are also  mindful that the additional impost could have affected the performance of Elusive Ace.

PRECEDENT:

Previous fines in relation to breach of Rule 614(1) vary considerably dependent upon specific circumstance. There are sufficient number relating to comparable infringement to impose fine.

CONCLUSIONS:

Mr D O’Leary is fined a sum of $500.