Ashburton TC 4 June 2023 – R6 – Gavin Smith

ID: RIB22587

Respondent(s):
Gavin Smith - Trainer

Applicant:
Chief RIB Steward - Mr Nigel McIntyre

Adjudicators:
Dave Anderson (Chair), Russell McKenzie

Persons Present:
Stipendiary Steward - Mr Shane Renault, Mr McIntyre and Mr Smith

Information Number:
A13720

Decision Type:
Race Related Charge

Charge:
Failed to scratch horse by the required time - Scratching Regulations

Rule(s):
834(1) - Time Limit Infringement

Plea:
Admitted

Animal Name:
BETTERTHANDIVA

Code:
Harness

Race Date:
04/06/2023

Race Club:
Ashburton Trotting Club

Race Location:
Ashburton Racecourse - Racecourse Road, Ashburton, 7700

Race Number:
R6

Hearing Date:
04/06/2023

Hearing Location:
Ashburton Raceway

Outcome: Proved

Penalty: Trainer Gavin Smith is fined $400

EVIDENCE:

Following the running of Race 6, an Information was presented by Chief Stipendiary Steward Mr Nigel McIntyre, alleging a breach of Rule 834(1) by Trainer Mr Gavin Smith.

Mr Smith confirmed he understood the charge and that he admitted the breach.

The detail on the Information was “You failed to scratch BETTERTHANDIVA by the required time and as a result, AIRIES GOLD was denied a start”.

Mr Smith said he wasn’t happy with his horse leading up to the race and he decided to train BETTERTHANDIVA the day before race day, which he wouldn’t normally do. He said the horse had an elevated heart rate and he decided he would have to scratch. Mr Smith said he was distracted by other chores and admitted he was late, and didn’t realise there was a ballot horse in the field.

Mr McIntyre said a breach of this Rule will soon be covered by the new MIN regime. He said fines have varied between $300 and $500 but the MIN Penalty Guide will provide a $400 fine for a late scratching denying a horse a start.

DECISION:

The Respondent having admitted the breach, the charge was deemed to be proved.

SUBMISSIONS FOR PENALTY:

Mr McIntyre submitted a $400 fine would be appropriate and Mr Smith made no submissions.

REASONS FOR PENALTY:

The Adjudicative Committee considered Mr McIntyre’s submission to be prudent, having regard to the imminent introduction of the new MIN penalties.

CONCLUSION:

Trainer Gavin Smith is fined $400.

Decision Date: 04/06/2023

Publish Date: 06/06/2023