R Thames 4 January 2025 – R6 – Stephen Marsh

Background

Stipendiary Steward, Mr A Dooley filed an Information alleging Licensed Trainer, Mr S Marsh failed to declare the Rider for horse No. 8 BRYNDERWYN (r6) by the Rider declaration time.

Mr Marsh endorsed the Information that he admitted the breach, but did not wish to be present at the hearing.

Rule 537 provides that:

The Trainer or Owner or lessee (as the case may be) or the Agent of the Trainer, Owner, or lessee (as the case may be) for a horse accepted or deemed to have been accepted for a Race shall:

(a)  declare to NZTR the name of the Rider of that horse by the time and date specified by NZTR for declaration of Riders for that Race.

Evidence

Mr Dooley advised that a charge of this nature would normally be dealt with by way of a Minor Infringement Notice (MIN), however, as this was Mr Marsh’s 3rd breach within the 90 day reset period, an Information was preferred.

Mr Dooley advised the Adjudicative Committee that Stewards were advised by the Racing Bureau at 7.36am that a Rider for BRYNDERWYN had not been notified by the required deadline.

Mr Dooley said that when interviewed concerning the breach, Mr Marsh advised that he had been busy and had arrived back in New Zealand from the Gold Coast the previous day. He added that he thought that he had engaged Rider R Hutchings, but that engagement had not been confirmed.  Rider G Rooke was subsequently engaged.

Decision:

The charge is admitted; therefore it is deemed to be proved.

Submissions for Penalty:

Mr Dooley said that this was Mr Marsh’s 3rd breach within the reset period and a 2nd breach would normally attract a fine of $100.   He submitted that a fine within the vicinity of $150, would be an appropriate penalty.

Reasons for Penalty:

It is noted that this is a particularly busy time for Trainers and Riders and at times, it can be a challenge for Trainers to engage suitable Riders. Notwithstanding, Trainers have an obligation to ensure that engagements are confirmed and notified by the required time.  Further, the betting public are entitled to know the name of the Rider engaged in advance of the meeting.

In consideration of the circumstances, including Mr Marsh’s admission of the breach and his record under the Rule, the Adjudicative Committee determined a modest uplift from the 2nd breach level of $100 was appropriate and issued a fine of $150.

Conclusion:

Mr Marsh was fined $150.