Waikato TR 27 September 2024 – R9 – Liam Kauri

Evidence

Following the running of Race 9, Senior Stipendiary Steward Mr B Jones filed an Information alleging Apprentice Rider Mr Liam Kauri breached Rule 802(1)(a) in that he failed to comply with a direction from the Starters prior to the start.

Mr Kauri admitted the breach and he was support at the hearing by Mr N Harris (Rider Mentor) and Mr G Opie (Trainer of JUST A TIPPLE).

Assistant Starter Mr S Barlow was also present at the hearing.

802(1) A person commits a breach of these Rules who:

• acts in contravention of or fails to comply with any provision of these Rules or any Regulations made thereunder, or any policy, notice, direction, instruction, guide.

Mr Jones said that the Starter, Mr Moody and Assistant Starter, Mr Barlow, reported to Stewards following the running of Race 9, that Mr Kauri failed to obey a direction given to him to load his horse into its barrier position.  Mr Jones referred to the available films of the horses at the barrier prior to the start of the race.  These clearly showed that JUST A TIPPLE (L Kauri) was at least 100 metres from the starting gates, whereas the rest of the field were in close proximity.  The Clerk of the Course was observed riding to Mr Kauri, presumably to get him to move towards the barrier.

Mr Barlow said that Mr Kauri was advised that he was required to enter the barrier at least three times. In response, he said that he was “going in late.”

Mr Kauri said that he had won on the horse previously.  On that occasion, it was loaded into the barrier last.  He added that the horse has previously been issued with a barrier ‘warning.’

Decision

The breach is admitted and is therefore proved.

Submissions for Penalty

Mr Jones submitted that there are no precedent Decisions relating to penalties concerning a breach of this nature.  He said that Mr Kauri has admitted the breach and has a good record.  He added that it is particularly important that Riders follow instructions given to them by Starters and they cannot simply choose when they wish to load into the barrier.

Mr Jones submitted that a fine in the vicinity of $150 – $200 would be an appropriate penalty.

On behalf of Mr Kauri, Mr Opie submitted that this was his first breach.  He said Mr Kauri is a young Apprentice Rider, who has travelled a long way to ride his horse, and he should be given a warning as opposed to a fine.

Reasons Penalty

The Starter and Barrier Attendants perform an important and necessary function at race meetings.  They often operate in a difficult environment under tight time pressures and constraints.  They follow strictly defined guidelines and procedures, which include when certain horses are to be loaded into their barrier stalls.  For this to function in an orderly manner, it is imperative that Riders cooperate and obey their instructions to load.  If Riders simply took it upon themselves to load at their leisure, the entire process would become unruly and dysfunctional.

On this occasion, Mr Kauri was directed on at least three occasions by the Starter, to enter his barrier stall and failed to comply.  Mr Kauri may have liked to have entered the barrier late, but he cannot do so, unless permitted.  His failure to take heed of the direction given to him by a Starter, who is acting in his official capacity, amounts to misconduct.

There is no Penalty Guide starting point for a breach of this Rule.  On that basis, the Adjudicative Committee determined a $250 fine to be an appropriate starting point.  A $50 reduction is applied for Mr Kauri’s admission of the breach and his record.

Conclusion

Mr Kauri is fined $200.