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Hawkes Bay RI 30 September 2023 – R7 – Kylie Fawcett

ID: RIB27906

Respondent(s):
Kylie Fawcett - Trainer

Applicant:
Mr J Oatham - Chief Stipendiary Steward

Adjudicators:
N Moffatt and B Mainwaring

Persons Present:
Ms K Fawcett

Information Number:
A17448

Decision Type:
Race Related Charge

Charge:
Failed to declare Rider by required time

Rule(s):
537(a) - Time Limit Infringement

Plea:
Admitted

Stewards Report

Results

Animal Name:
POLLY GREY

Code:
Thoroughbred

Race Date:
30/09/2023

Race Club:
Hawkes Bay Race Club

Race Location:
Hastings Racecourse - 200 Prospect Road, Hastings, 4122

Race Number:
R7

Hearing Date:
30/09/2023

Hearing Location:
Hastings Racecourse

Outcome: Proved

Penalty: Trainer Kylie Fawcett is fined $400

Evidence:

Chief Stipendiary Steward Mr Oatham filed an Information alleging Licensed Trainer, Ms Kylie Fawcett failed to declare a Rider for POLLY GREY by the required time.

Rule 537 provides that:

The Trainer or Owner or lessee (as the case may be) or the Agent of the Trainer, Owner, or lessee (as the case may be) for a horse accepted or deemed to have been accepted for a Race shall:

(a) declare to NZTR the name of the Rider of that horse by the time and date specified by NZTR for declaration of Riders for that Race.

Ms Fawcett confirmed she understood the Rule and admitted the breach.

Mr Oatham explained that Ms Fawcett phoned him on Wednesday advising she was having difficulty finding an appropriate Rider for her horse in the Group 1 Arrowfield Stud Plate, but due to a poor weather forecast, she was hoping to secure a Rider off a scratching. Mr Oatham cautioned her against this approach and said she would be charged if she failed to declare a Rider by the required time.

Ms Fawcett added further detail outlining her thinking, but agreed that she had breached the Rule and took full responsibility. Mr Hashizume ended up with the ride.

Decision:

The charge is admitted; therefore, it is deemed to be proved.

Submissions for Penalty:

Breaches of Rule 537(a) are normally covered by way of Minor Infringement Notices (MINs) but due to the Group 1 status of the race, Mr Oatham placed it before the Adjudicative Committee for consideration. Ms Fawcett said she had a good record, which was confirmed by Mr Oatham, and was very rarely late declaring a Rider for races.

Reasons for Penalty:

A first breach of this Rule would normally attract a $50 fine under the Minor Infringement Scheme.

The rationale behind establishing a Rider declaration deadline is to ensure that the betting public has access to all pertinent information well in advance of Raceday. The significance of adhering to this deadline becomes more pronounced as a race’s prestige and prominence increase, with a Group 1 Race being the pinnacle. In this instance, Ms Fawcett took a chance in attempting to secure a Rider she deemed suitable, but in doing so, she disadvantaged punters by failing to provide Rider information for POLLY GREY by the stipulated deadline.

In light of these circumstances, the Adjudicative Committee deemed it fitting to impose an appropriate increase of the penalty.

Conclusion:

Accordingly, Ms Fawcett was fined $400.

Decision Date: 30/09/2023

Publish Date: 02/10/2023