R Te Aroha 29 November 2023 – R4 – Tony Pike

EVIDENCE:

Trainer Mr Tony Pike defended a charge pursuant to Rule 614(2) alleging horse No. 20 URLAR was presented with the incorrect saddlecloth number, in this case No. 18.

Rule 614(2) provides that:

A person must not be neglectful or careless in saddling a horse.

Mr Pike considered that there were mitigating circumstances and this is why he was defending the charge.

Mr Pike explained that he had two horses in the previous race (Race 3) and after talking to the Owners, he had gone to collect the saddlecloth for his second horse in Race 4. Previously, Mr McNab had collected the saddlecloth No. 18 for Mr Pike’s other horse in the race, REPROBATE. Mr Pike was given a saddlecloth by the person employed by the Club to hand out the saddlecloths. The number was folded over and he didn’t see it.  There had been urgency in saddling the horse and it was not noticed that the wrong saddlecloth had been handed out, namely No. 18 saddlecloth and not No. 20. In mitigation, Mr Pike said he had been given the wrong saddlecloth, it had been folded over and due to time pressure, he had not had time to check it.

Mrs Selvakumaran asked Mr G Stewart (Stipendiary Steward) to give evidence. Mr Stewart told the Adjudicative Committee that when URLAR was presented prior to Race 4, the incorrect number was identified.  As the two Pike runners were the last into the birdcage, it was obvious when they had the same No. 18, that one was incorrect. The saddlecloth number for URLAR was 18 and it should have been No. 20.  This was an error which was immediately rectified. The Stewards considered that the obligation was on the Trainer to always check the saddlecloth and to present their horse with the correct number.

DECISION:

The charge was found proved.

REASONS FOR DECISION:

While there will at times, be errors in the allocation of saddlecloth numbers and the Adjudicative Committee has some sympathy with Mr Pike, the onus remains with the Trainer to ensure that his horse has the correct saddlecloth number when it is presented.  This is a well established precedent and could be considered a matter of strict liability.

SUBMISSIONS FOR PENALTY:

The charge comes under the Minor Infringement System. The Penalty Guide provides for a $50 fine for a breach of this nature.

REASONS FOR PENALTY:

After considering the evidence and submissions presented, the Adjudicative Committee determined that the onus remains with the Trainer to ensure the horse is presented with the correct saddlecloth. In this case, there are no compelling reasons to depart from the Penalty Guide and a $50 fine is imposed.

CONCLUSION:

Trainer, Mr Pike is fined $50.