R Rotorua 10 December 2023 – R1 – Stephen Marsh
ID: RIB30714
Animal Name:
GROOMSMAN and THE STORYTELLER
Code:
Thoroughbred
Race Date:
10/12/2023
Race Club:
Rotorua Racing Club
Race Location:
Arawa Park Racecourse - 274 - 287 Fenton Street, Glenhome, Rotorua, 3010
Race Number:
R1
Hearing Date:
10/12/2023
Hearing Location:
Rotorua
Outcome: Proved
Penalty: Trainer Stephen Marsh is fined $400
Evidence:
The Informant presented an Information charging Mr Marsh with a breach of Rule 614(2) in that he was neglectful (careless) in the saddling of two horses trained by him, “GROOMSMAN” and “THE STORYTELLER” in Race 1, by presenting them to the Plate Inspector intending to compete in the race, with both horses wearing incorrect saddles (and numbers).
The Respondent, through his representative, Mr Mildon, admitted the charge.
In Race 1, the “SHERLOCK CONTRACTING MAIDEN 1950”, “GROOMSMAN” was required to carry 58.5 kilograms and saddlecloth No. 2. “THE STORYTELLER” was required to carry 57 kilograms and saddlecloth No. 9. When presented to the State Inspector prior to the race, it was found that each horse was carrying the saddle and saddlecloth number of the other horse. The transgression had occurred when the 2 horses were being saddled by Mr Marsh’s staff.
In explanation, Mr Mildon said that the Stable staff had been extremely busy and under pressure and had made an honest mistake which was regretted.
Decision:
As the charge was admitted, it was deemed proved.
Submissions for Penalty:
The Informant referred to the NZTR Penalty Guide which provides for a fine of $750 only when the consequences from the breach affect the betting public or Owners. But in the present case, the error was detected and such consequence averted. Mr Mildon made no submission as to penalty other than to accept that a fine must follow.
Reasons for Penalty:
Strict compliance with the procedure required by the Rule is vital, not simply to correctly identify horses by saddlecloth numbers, but in fact to ensure a horse carries the saddle on which its Rider has weighed out, and consequently carries the correct weight.
A fine of up to $750 is provided in the NZTR “starting point” which leads to consequences to the “betting public or Owners”. In this case, the error was detected and rectified before the two horses were presented into the birdcage. The level of fine should be reduced to reflect that.
Conclusion:
Accordingly, the Respondent is fined $400.
Decision Date: 10/12/2023
Publish Date: 13/12/2023