NZ Metro TC 14 June 2024 – R2 – Gavin Dean Smith
ID: RIB43509
Animal Name:
Loveyou To Da Skye
Code:
Harness
Race Date:
14/06/2024
Race Club:
NZ Metropolitan Trotting Club Inc
Race Location:
Addington Raceway - 75 Jack Hinton Drive, Addington, Christchurch, 8024
Race Number:
R2
Hearing Date:
14/06/2024
Hearing Location:
Addington Raceway, Christchurch
Outcome: Proved
Penalty: Public Trainer, Gavin Smith, is fined $100
BACKGROUND:
Information A20777 filed by Stipendiary Steward, Paul Williams, alleged that Trainer, Gavin Dean Smith, as the Trainer of LOVEYOU TO DA SKYE, an acceptor for Race 2, TK Plastering Trot, failed to present that horse on course by the prescribed time.
Mr Smith had signed the Information “I do admit a breach of the rule”. Because of the minor nature of the breach, his attendance at the hearing was excused.
Clause 15 of the Programming Conditions provides as follows:
(a) The trainer of any horse engaged in any race at a totalisator race meeting shall ensure that such horse is available with an attendant in the official stabling complex (or in its allocated stall).
(i) at least one hour prior to the advertised starting time of the first race of the meeting where it is entered in that race, or, if entered in a subsequent race, at least ninety minutes prior to the advertised starting time of the race.
EVIDENCE:
Stipendiary Steward, Shane Renault, said that LOVEYOU TO DA SKYE, trained by Mr Smith, was an acceptor for Race 2. The start time for the race, as per the race card, was 5.19pm and, therefore, Mr Smith was required to have the horse in the stabling area by not later than 3.49pm.
Mr Renault said that, after that time, Mr Smith had not arrived on course with the horse. Stewards phoned Mr Smith, who was unable to be contacted. Mr Smith phoned back at 4.30pm, advising that the horse was in its stall, and he was in the carpark getting changed. He had not been on course long, Mr Renault said.
Mr Smith’s explanation to Stewards was that he was late arriving on course, having had to make a school pickup and being delayed by traffic.
DECISION:
The charge having been admitted, it is deemed proved.
SUBMISSIONS FOR PENALTY:
Mr Renault said that Mr Smith had been fined the sum of $100 for a similar breach in April 2022, and submitted that a fine of a similar amount would be an appropriate penalty. That was the most recent breach of the Rule that Mr Renault was able to find in Stewards’ records. Charges under the Programming Conditions are rare, Mr Renault said.
REASONS FOR PENALTY:
In the absence of any provision in the Penalty Guide to assist the Adjudicative Committee, it was decided that a fine of $100, in line with the previous penalty referred to, was an appropriate penalty.
CONCLUSION:
The Respondent Trainer, Gavin Smith, is fined the sum of $100.
Decision Date: 14/06/2024
Publish Date: 17/06/2024