NZ Metro TC 14 October 2022 – R5 – Bruce Negus

BACKGROUND:

Information No. A21304 was filed by Chief Stipendiary Steward, Nigel McIntyre, against Licensed Trainer, Bruce Negus, alleging that Mr Negus, as the Trainer of KATHERINE, an acceptor for Race 5, Sweet Lou “The Best is Yet To Come” Mobile Pace, he failed to present that horse in its allocated stall by the required time, resulting in it being a late scratching.

The Respondent had endorsed the Information “I do admit a breach of the Rule” and confirmed that he understood the Rule and the charge.

The Programming Conditions provide:

15. (a)  The trainer of any horse engaged in any race at a totalisator race meeting shall ensure that such horse is available with an attendant in the official stabling complex (or in its allocated stall):

(i)  at least one hour prior to the advertised starting time of the first race of the meeting where it is entered in that race, or, if entered in a subsequent race, at least ninety minutes prior to the advertised starting time of the race.

EVIDENCE:

Chief Stipendiary Steward, Nigel McIntyre, told the hearing that the Respondent had contacted Stipendiary Steward, Shane Renault, at 5.45 pm, explaining that he had written down the wrong time believing that he was to leave home at 6.27 pm, which was in fact the programmed starting time for Race 5. It was a mistake on the Respondent’s part, about which he was very embarrassed, Mr McIntyre said. The Respondent has been training for many years (almost 40 years, the Adjudicative Committee noted), and Mr McIntyre said that he could not recall him having breached the Regulation previously.

Mr Negus said that he had written down the time at which he would have to leave (6.27 pm) but, for some reason, he had it in his head that 6.27 pm was the time that he would have to leave for the course, and not the race start time.

DECISION:

The Respondent has admitted the breach which is therefore deemed proved.

SUBMISSIONS FOR PENALTY:

Mr McIntyre repeated that the Respondent has a clear record as far as the particular breach is concerned. He referred the Adjudicative Committee to two previous breaches, each of which had been dealt with by a fine of $400. Having regard to the Respondent’s frank admission of the breach and clear record, a fine in that vicinity would be appropriate.

The Respondent had no submission to make in relation to penalty, other than to apologise for his mistake.

REASONS FOR PENALTY:

The Adjudicative Committee accepted that the breach resulted from a simple mistake that was easy to make, but not one that the Respondent had made previously. The Respondent made a very frank admission of the breach.

The Penalty Guide does not include a breach of the Programming Conditions Regulation, but penalties imposed in several previous similar cases have consistently been fines of $400. That is an appropriate penalty in this case, and consistent with those previous cases.

PENALTY:

The Respondent, Trainer Bruce Negus, is fined $400.