NZ Metro TC 9 November 2021 – R8 – Gavin Smith
ID: RIB5712
Animal Name:
My Ultimate Chevron
Code:
Harness
Race Date:
09/11/2021
Race Club:
NZ Metropolitan Trotting Club Inc
Race Location:
Addington Raceway - 75 Jack Hinton Drive, Addington, Christchurch, 8024
Race Number:
R8
Hearing Date:
09/11/2021
Hearing Location:
Addington Raceway, Christchurch
Outcome: Proved
Penalty: Trainer Gavin Smith fined $200
SUMMARY OF FACTS:
Mr Smith was charged that he was late to present MY ULTIMATE CHEVRON, trained by him, an acceptor for Race 8, Woodlands Stud Sires’ Stakes Final Mobile Pace (Group 1), in its allocated stall by the required time.
The Regulation requires that a Trainer shall ensure that his horse engaged in a race is available with an Attendant in its allocated stall at least ninety minutes prior to the advertised starting time of its race.
SUBMISSIONS:
Mr Ydgren said that Mr Smith had MY ULTIMATE CHEVRON, trained by him, engaged in Race 8 at 3.54pm. The horse was due on course at 2.24pm – 90 minutes before start time. At 2.47, Mr Ydgren received a phone call from Investigator, Kylie Williams, to report that MY ULTIMATE CHEVRON was not available on course for blood-testing. During that conversation, Mrs Williams told Mr Ydgren that Mr Smith had just entered the barn and was walking towards her.
The race was a Group 1 Race and the importance of that would not have been lost on Mr Smith. Mr Smith has a record of “general tardiness”, Mr Ydgren said, being late on numerous occasions, which has cost him financially.
Mr Smith explained that he had a drive in Race 2 (at 12.45pm) and had nothing else before Race 8. He calculated that he had 1 3/4 hours to go home and get back with the horse, he said. It normally takes 30-35 minutes one way, and the horse was ready to load on the float. He did not anticipate heavier traffic than usual. He had risked doing it, as he did not want the horse standing in his stall for all that time.
REASON FOR DECISION:
Mr Smith having admitted the charge, it was found proved accordingly.
SUBMISSIONS FOR PENALTY:
Mr Ydgren submitted that the normal fine for a breach of the Regulation would be $100. Because the race was of Group 1 status for a stake of $170,000, that fine should be doubled in this case, he submitted.
REASON FOR PENALTY:
It appears that charges for a breach of the Regulation are relatively rare. The Committee accepts Mr Ydgren’s submission, firstly, that the usual level of fine is $100 and, secondly, that the usual fine should be doubled in this case of a Group 1 Race. We also find that 23 minutes late is significantly late and not a minor breach.
CONCLUSIONS:
Trainer, Gavin Smith, is fined the sum of $200.
Decision Date: 09/11/2021
Publish Date: 11/11/2021