Otaki-Maori RC 29 September 2022 – (heard 8 October 2022 at Hawera) – David Jensen

This hearing was held at Hawera Racecourse on October 8th 2022 following an incident at the Otaki Maori Racing Club on September 29th 2022.

Evidence

Rule 612(4) provides:

While being led outside of a stable premise, every horse must have a bit in its mouth, and that bit must be attached to a lead or stallion chain. [Added 1 July 2021]

Mr Goodwin was the Steward on duty for the day. Mr Jensen’s horse won Race 6 and was sent to be swabbed but it was presented at the swab box without the required bit in its mouth.  The horse was not entirely tractable and at some stage during the swabbing process an injury occurred to the swabbing attendant.

In response Mr Jensen said that the strapper of the horse was Mr Murray Neal, and it was Mr Neal who led the horse from the birdcage after the race to the hose-bay and tie ups. The bridle was removed and a head collar put on before presenting to the swab box. Mr Jensen said they simply forgot to put the rearing bit on the horse.

Decision

As Mr Jensen admitted the breach the Adjudicative Committee finds the breach proved.

Submissions For Penalty

Mr Goodwin said the breach fell under the minor infringement scheme and would normally attract a penalty of $50.  The Stewards submitted there should be an increase on this occasion due to the fact someone was injured. When asked, Mr Goodwin said he could only remember one other case and that was Mr J Wheeler who was fined $50 some years ago.

Mr Jensen did not make any submissions on penalty.

Reasons For Penalty

The Adjudicative Committee could not find this particular Rule covered in the Penalty Guide. The closest was Rule 614(2)  which covers neglect in saddling and presenting or affixing gear incorrectly etc for which starting points range from $50 – $750.

Mr Jensen is the Trainer of the horse and holds ultimate responsibility (hence the charge against him) however it was Mr Neal who took the horse to the swab box. Circumstances surrounding what happened from that point were not put to the Adjudicative Committee.

The Adjudicative Committee took into account Mr Jensen’s admission of the breach and the Stewards’ submissions.  The reason for the Rule is to ensure that a handler has better control over the horse when being led. On this occasion it appears the strapper forgot to put the rearing bit on after replacing the bridle with a head collar.

The horse was described br Mr Goodwin as being intractable in the swab box but neither he nor Mr Jensen were present at the time, and no further details were provided. Nonetheless as the Trainer Mr Jansen is responsible for ensuring his horse was led with a bit in its mouth.

The Adjudicative Committee considered a fine of $200 to be appropriate.

Conclusion

Mr Jensen is fined $200.