Matamata RC 22 January 2025 – R3 – Cody Cole

SUMMARY OF FACTS:

Prior to Race 3, Senior Stipendiary Steward Brady Jones lodged an Information alleging a breach of Rule 534(1) in that Class A Trainer Cody Cole failed to scratch LADYLOU by the required time.

Rule 534(1) reads as follows;

534(1) At any time from the Withdrawal Deadline to the scratching deadline (as specified for the relevant Race Meeting in accordance with Rule 510(d)(v) or as amended by NZTR from time to time) on the relevant Race day, a person intending to scratch a horse from a Race (after it has been accepted or is deemed to have been accepted) shall give notice to that effect to NZTR and where such notice for scratching a horse refers to a Race Meeting but does not specify a particular Race at that Race Meeting, such notice shall be deemed to apply to all Races for which the horse has been accepted or deemed to have been accepted at that Race Meeting. 

EVIDENCE:

Mr Jones said the Racing Bureau had advised him that Mr Cole had rung the Bureau at 7.42am advising that he wished to scratch LADYLOU from Race 3 at Matamata. The Bureau had already sent some documentation relating to the race meeting to the TAB at 7.40am. This documentation included scratching’s that the Bureau had received by 7.30am (the official scratching time) and the TAB had actioned those scratchings.

Mr Cole’s horse LADYLOU was included as a starter in Race 3. Included in the scratchings in Race 3 was DESERT SECRET, who was on the ballot and would have gained a start if Mr Cole had scratched LADYLOU by the required time of 7.30am.

Mr Jones explained that he had spoken with the Trainers of DESERT SECRET (the Brosnans) and they advised that they would have started in the race, had they had the opportunity.

By scratching LADYLOU after the required time (7.30am), Mr Cole had denied DESERT SECRET that opportunity.

As LADYLOU was his only starter, Mr Cole was not present at Matamata for the hearing, but he advised the Stewards that he was willing for the hearing to go ahead in his absence.

DECISION:

Mr Cole admitted the breach, therefore the charge was deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Jones advised that the starting point for the breaches of this Rule where the late scratching denies a horse a start, is $350 and the Stewards saw no reason to deviate from that point.

He noted that Mr Cole had had a previous breach under this Rule (October 2024), however, the Stewards considered the circumstances of that breach, which revolved around the track conditions on the day of the races, to be completely different to those applying in the current charge. Therefore, they considered that there was no case for an uplift in the penalty.

REASONS FOR PENALTY:

The Adjudicative Committee, after having regard to all the circumstances, determined to impose a fine of $350. The Adjudicative Committee considered the breach to meet the criteria of denying another horse a start. It further considered, that the circumstances surrounding the previous breach of the Rule were so significantly different, there was no justification for an uplift in the penalty.

CONCLUSION:

Trainer Mr Cole is fined the sum of $350.