Matamata RC 29 March 2023 – R8 – Pam Gerard

Evidence:

Senior Stipendiary Steward Mr Jones filed Information No. A19751 alleging Licensed Trainer, Ms Gerard failed to declare a Rider for DRAGON BISCUIT (Race 8).

Ms Gerard endorsed the Information indicating that the charge was admitted.

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.

Mr Jones advised the Adjudicative Committee that the Rider for DRAGON BISCUIT was not notified by the required time.

On race morning, Rider W Kennedy was declared as the Rider for DRAGON BISCUIT.

In response, Ms Gerard said that she was hoping to secure the services of an Apprentice Rider who was the declared Rider of one of the horses who was balloted out.  She said that the Rider came free yesterday afternoon, but after making some enquiries concerning his suitability, she decided to opt for a more experienced Senior Rider and Mr Kennedy was engaged and declared (belatedly).

Decision:

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

Submission For Penalty:

Mr Jones said that Rider declarations closed at 1 pm on Monday 20 March 2023. She said that this is the Training Partnership’s fourth breach of the Rule.  The first occurred on 22 February 2023 ($50 fine); the second on 2 March 2023 ($100) and the third and most recent on 22 March 2023 ($150 fine).

Mr Jones said that there are mitigating factors in Ms Gerard’s favour.  He said that Stewards accept Ms Gerard’s explanation as there is currently a shortage of Senior Riders and Trainers are generally struggling at the moment to secure suitable Riders.  He submitted that in lieu of this, Stewards support a fine similar to that imposed following her previous breach.

Reasons For Penalty:

After consideration of the circumstances, including the admission of the breach, the Adjudicative Committee deemed that this matter can be dealt with by way of a fine.

Although this type of infringement would normally be dealt with by way of a MIN fine ($50 first breach and $100 second breach), given the circumstances, an uplift is required.  Particularly so, given that this is the Trainer’s fourth breach within the 120-day reset period.  Ms Gerard was reminded of her obligations to meet future Rider declaration deadlines. Accordingly, a $150 fine is imposed.

Conclusion:

M Moroney and P Gerard Partnership was fined $150.