Wellington RC 27 October 2024 – R7 – Cody Cole

SUMMARY OF FACTS:

Prior to Race 7, Stipendiary Steward Mark Davidson lodged an Information alleging a breach of Rule 534(1) in that Trainer Cody Cole scratched KIND THOUGHTS without authorisation.

Rule 534(1) reads as follows;

534(1) At any time from the Withdrawal Deadline to the scratching deadline (as specified for the relevant Race Meeting in accordance with Rule 510(d)(v) or as amended by NZTR from time to time) on the relevant Race day, a person intending to scratch a horse from a Race (after it has been accepted or is deemed to have been accepted) shall give notice to that effect to NZTR and where such notice for scratching a horse refers to a Race Meeting but does not specify a particular Race at that Race Meeting, such notice shall be deemed to apply to all Races for which the horse has been accepted or deemed to have been accepted at that Race Meeting.

EVIDENCE:

Mr Davidson said that Mr Cole approached the Stewards during the day, wanting to scratch KIND THOUGHTS from the Group 3 Thompson Handicap, despite there being no official change in track conditions.

Mr Cole explained he had rung Mr J Philips, the Track Manager, last night to enquire about the track. He was told that the track was a borderline 6 and would take a lot of rain to get to a 10. There were 14mls of rain overnight and at 6.30 this morning, the track was rated as a 10, however Mr Cole thought it would be the better side of a 10 and brought the horse down. As the day progressed, it became evident that the track was not suitable for KIND THOUGHTS, and running would risk flattening her. This concern prompted Mr Cole’s decision to scratch the horse.

DECISION:

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

SUBMISSIONS FOR PENALTY:

Mr Davidson provided other instances of breaches of this same Rule, with penalties ranging between $330 – $400.

He noted the race was a Group 3 event.

REASONS FOR PENALTY:

The Adjudicative Committee had regard to all submissions and imposed a fine of $450, a slight uplift due to the Group 3 status of the race.

CONCLUSION:

Trainer Mr Cole is fined the sum of $450.