Waikato RC 26 November 2022 – R5 and R7 – Stephen Marsh

Evidence:

Senior Stipendiary Steward, Mr Jones filed an Information alleging Licensed Trainer, Mr S Marsh failed to declare the Riders for two of his horses, namely SEDAKA Race 5, a Black Type (Listed) Race; and ENCIERRO Race 7, a Black Type (G 3) Race.

Mr Rhys Mildon, representing Marsh Racing, endorsed the Information indicating that the charge was admitted.

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.

Mr Jones advised the Adjudicative Committee that Riders for both SEDAKA and ENCIERRO were not notified by the required time.  Belatedly Riders C Barnes (SEDAKA) and J Doyle (ENCIERRO) were declared.

In response, Mr Mildon said that due to the inclement weather during the week, the Stable were not entirely certain that both horses would be starters, but following the improved track conditions they remained in their respective races, and he accepted Riders were late.

Decision:

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

Submission For Penalty:

Mr Jones said that the Declaration of Riders for the meeting closed at 1 pm on Wednesday 24 November 2022. He said that normally breaches of this nature incur a $50 fine and are dealt with by way of Minor Infringement Notice (MIN). However, on this occasion, Stewards elected to file an Information because there were two breaches, both in Black Type Races. Race 5 – a Listed Race with stake money of $65k, and Race 7 – a Group 3 with stake money of $85k.

Mr Jones said that Mr Marsh has a clear record under the Rule (in terms of the reset period).

Reasons For Penalty:

After consideration of the circumstances, including the admission of the breach and Mr Marsh’s good record, the Adjudicative Committee deemed that this matter can be dealt with by way of a fine.

The Adjudicative Committee is of the view that the betting public is entitled to have all available information, including Riders, well in advance of raceday. Particularly so given that Fixed Odds betting options were available. Although this type of infringement would normally be dealt with by way of a $50 fine, given the status of the races and that there are two breaches, an uplift from the prescribed Minor Infringement Schedule is deemed appropriate.  Accordingly, a $300 fine is imposed, this equates to a $150 fine in relation to each of the two races.

Conclusion:

Mr Marsh was fined $300.