Hororata TC 12 February 2023 – R2 (heard 23 February 2023 at Addington) – Amber Lethaby

Summary of Facts:

This was an adjourned hearing heard at the NZMTC meeting at Addington on 23 February 2023.

Following the running of Race 2, the Respondent, Trainer Amber Lethaby, admitted a breach of Rule 305(c); namely that  she failed to advise Stewards that ANN SOPHIE had been treated for a virus since last racing.

The Respondent endorsed the Information ‘I do admit the breach of the Rule’ and confirmed she understood the Rule and the nature of the charge.

Rule 305(c) provides:

Every person who holds a permit or licence under these Rules and every owner, driver, trainer or person in control of a horse shall:-
(c) report to the Stipendiary Steward as soon as practicable anything which might have any bearing in the past or the future running of the horse which came to their notice after leaving the course.

Stipendiary Steward Paul Williams gave evidence that following Race 2 at the Hororata Trotting Club’s meeting at Methven on 12 February, Mrs Lethaby reported to the Stewards that ANN SOPHIE had been treated for a virus after the horse’s last start on 1 January 2023.

In explanation, the Respondent stated that she was unaware of the Rule and confirmed she had treated ANN SOPHIE for a virus following the start at Rangiora on 1 January 2023.

Decision:

The charge is admitted by the Respondent and is therefore deemed proved.

Submission for Penalty:

Stipendiary Steward Mr Williams stated that there was a recent case of a breach of Rule 305(c), RIU v Paul Nairn, where Mr Nairn was fined $200 for failing to notify the Stewards that THE IVY LEAGUE had been treated for a knee after racing on 9 November 2022. THE IVY LEAGUE raced on 26 November 2022 with Mr Nairn informing the Stewards of the knee treatment after racing on 26 November 2022. He submitted that for the sake of consistency, a fine of $200 be considered as penalty in this case.

The Respondent submitted that consideration be given to the fact that it was 6 weeks between races for ANN SOPHIE, whereas THE IVY LEAGUE raced within 3 weeks after receiving treatment. Mrs Lethaby submitted that a fine of $100 be considered as penalty.

Reasons for Penalty:

The Penalty Guide does not provide a starting point for a breach of this Rule. The Adjudicative Committee noted that a breach of the Rule is soon to be treated as a Minor Infringement with a fine of $200.  The Adjudicative Committee believes that, given that, and for the sake of consistency, the fine in this instance should be $200.

Conclusion:

The Respondent was fined the sum of $200.