Non-Raceday Inquiry – Written Decision dated 17 March 2023 – Trent Yesberg

BACKGROUND:

An Information was filed by Chief Stipendiary Steward, Nigel McIntyre, against Licensed Public Trainer, Trent Yesberg, alleging that the Respondent, the Trainer of the horse ROCKNROLL DIVA, failed to lodge a Horse Movement Notification Form by the required time.

The Respondent had endorsed the information “I do admit a breach of the Rule” and he confirmed this at the hearing.

Mr McIntyre produced an Authority to Charge.

Rule 823 provides:

(3) A trainer may:-

(a)     without notice leave a horse with another licensed trainer for a period up to that specified in the Horse Movement Regulations made by the Board;

(b)     leave a horse with another licensed trainer for a period of more than that specified in the Horse Movement Regulations but no more than 12 consecutive weeks provided prior notice is given to Harness Racing New Zealand of the name of the trainer in whose hands the horse has been left in the form prescribed by the Horse Movement Regulations made by the Board. 824 (1)

The Horse Movement Regulations provide:

Trainers who intend campaigning their horse/s away from their registered stable for a period of 7 consecutive or more days must complete a Horse Movement Notification Form and send to HRNZ prior to the date of departure.

EVIDENCE:

Chief Stipendiary Steward, Nigel McIntyre, said that ROCKNROLL DIVA raced at Addington on 2 March 2023. The Respondent had freely admitted on that day that the horse had been at another stable for 9 days – outside the 7-days period in the Regulations. He stressed that there was no intention to deceive on the Respondent’s part. The Respondent had obtained his licence at a time when the relevant period was 14 days, and he was not aware of the period having been amended to 7 days.

The Respondent said that the horse was still trained under his name. He had lodged the Horse Movement Notification Form to advise that the horse had been stabled at Woodend Beach with Trainer, Matt Purvis, but after 10 or 11 days, in the belief that notification had to be made within 14 days.

DECISION:

The charge is admitted and is therefore deemed proved.

SUBMISSIONS FOR PENALTY:

Mr McIntyre said that the Respondent’s integrity was not being questioned. It was simply a mistake by him.

He cited two previous charges under the Rule, each Trainer in those cases having been fined $150. He submitted that a similar fine would be appropriate.

REASONS FOR PENALTY:

The Adjudicative Committee accepts that the Respondent has simply made an error in wrongly believing that the required form was to be filed within 14 days, whereas the Regulation had been amended in 2017 to 7 days.

The Adjudicative Committee is guided by the two previous cases cited by Mr McIntyre. There are no aggravating factors and the Respondent has a clear record and has made a very frank admission of the breach.

CONCLUSION:

The Respondent, Trainer Trent Yesberg, is fined $150.