R Te Aroha 30 October 2024 – R6 – Kurtis Pertab

SUMMARY OF FACTS:

Stipendiary Steward Mr Dooley lodged an Information alleging a breach of Rule 534(1) in that Trainer Mr Kurtis Pertab failed to scratch BRILLIANT BATTLE (Race 6) by the required time.

At the commencement of the hearing, Mr Pertab confirmed that he admitted the breach.  The Information was noted accordingly by Mr Pertab.

EVIDENCE:

Mr Dooley said that BRILLIANT BATTLE was accepted to race in two races, namely 5 and 6.  He said that Mr Pertab scratched BRILLIANT BATTLE from Race 5 at 7.15am.

Mr Dooley advised that he was contacted by the Racing Bureau who informed him that Mr Pertab late scratched BRILLIANT BATTLE at 7.38am, which is outside the required time of 7.30am.

Mr Dooley said that BRILLIANT BATTLE was balloted out and no other runner was denied a start as a result of the late scratching.

In response, Mr Pertab said that he rang the Racing Bureau at 7.15 am and scratched BRILLIANT BATTLE from Race 5.  He said that he then went outside and worked a horse and while doing so, the Bureau tried unsuccessfully to contact him via phone to advise that his horse had made the field in Race 6.  However, it was after 7.30am that Mr Pertab got the message.  He said that it was a mistake on his part, and that he should have scratched the horse from Race 6 when he had earlier contacted the Bureau.

DECISION:

Mr Pertab admitted the breach, therefore the charge was deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Dooley said that Mr Pertab has a clear record under the Rule, and he admitted the breach.  He said that the Penalty Guide provides for a starting point fine of $200 and Stewards submit there are no compelling reasons to deviate.

Mr Pertab submitted that he made a mistake and his failure to scratch by the required time, was an error on his part.

REASONS FOR PENALTY:

The Penalty Guide provides for a starting point fine of $200.  No horses were denied a start as a result of Mr Pertab’s error.  It is unfortunate that he didn’t scratch BRILLIANT BATTLE when he contacted the Bureau at 7.15, but ultimately, the obligation rests with him to ensure he scratches by the 7.30am deadline.

A reduction of $50 is applied to the starting point for Mr Pertab’s admission of the breach and his clear record.  A  fine of $150 is imposed.

CONCLUSION:

Trainer Mr Pertab is fined $150.