Waikato TR 3 October 2024 – R7 – Shaune Ritchie and Colm Murray

Evidence:

Following Race 7, the Respondents were charged with a breach of Rule 404(2) in that as Trainers of the horse “RICHARD FARRELL”, they produced a different horse to race as it, resulting in the horse being a late scratching.

Rule 404(2) in its relevant parts provides:

“A person shall not …. start or intend to start a horse in a Race under a name other than its registered name”.

It was only through the last minute inspection by Officials during the “plating inspection”, that it was discovered that the brands (9/2) on the horse presented as “RICHARD FARRELL” did not match those of that horse which had brands of 16/0 (“ANNE ACORN”).  “RICHARD FARRELL” was not present on the racecourse premises.

Mr Murray admitted the breach of the Rule on behalf of Mr Ritchie and himself.  He explained that a young staff member was entrusted to bring the horse from the Trainers’ Stables in Cambridge (it was the only horse the Stable had racing that day) and by mistake, brought the wrong horse.  The brands of the horse, obviously, were not checked by that staff member, nor by Mr Murray.  The Owners did not see the horse in the tie-ups, so were unaware of the mix-up.  Mr Murray apologised profusely, agreeing that he was “100% wrong”.

Decision:

As the charge was admitted, it was deemed proved.

Submissions for Penalty:

Mr Dooley said that the starting point was a fine of $800, with penalties over 15 years for such breaches ranging from $500 to $2,000, with the lower penalties generally for races at trials.  The Informant sought a sanction of a fine of $1,000.  He said the two Trainers had a clear record.

Mr Murray’s only submission on penalty was that he was totally responsible and very remorseful over what happened.

Reasons for Penalty:

From a starting point of a fine of $800, the aggravating factor is that “RICHARD FARRELL” was to be ridden by O P Bosson and was the dominating short priced favourite confidently expected to win.  But for the mistake being revealed at a late stage, the many who had wagered, on and off course, on that horse, would not have known that their “sure thing” was not so sure, and the horse of their choice was not in fact in the field.  The race was the final race on the betting option of the “quaddie” and those punters whose wagers remained alive, were fortunate that their selection, having been late scratched, was transferred to the substitute favourite, which happened to win.

It is a matter of mitigation that Mr Murray was genuinely remorseful and apologetic and accepted full responsibility for the Stable’s breach of the Rule.  It is also mitigating that he and Mr Ritchie have blemish free records.

Conclusion:

Balancing all factors, the Adjudicative Committee came to the conclusion that a fine of $1,000 was appropriate.