Gore RC 21 January 2023 – R1 – Steve Batt

Background

Mr Davidson alleged that Mr Batt failed to ensure that the starting gates were correctly actuated, which is a Guideline in the Starter’s Manual.

Mr Davidson stated that Mr Batt had pushed the button, which is in the form of a plunger, and nothing happened. Three horses had barged their gate and one Jockey had come off. PURE ZAMBEZI and THE ADVISOR were declared late scratchings on veterinary advice, and THE KINGS GIRL was declared a late scratching as Rider K Chowdhoory had suffered an injury to his nose and was receiving treatment.

Mr Batt apologised for his mistake. He said he always checked the box before each race, but on this occasion, he had not checked it after it was reset prior to the first. He said he was a wee bit behind at the time.

Decision

As Mr Batt has admitted the breach, it is found to be proved.

Submissions as to penalty

Mr Davidson produced the Respondent’s record which showed no previous breach of this Rule. Mr Davidson said that the Respondent was a well-respected, co-operative, and competent Starter. There were 3 late scratchings. He submitted that a penalty of $300 was appropriate. He said there were few precedents concerning errors by the Starter and he could not recall an incident similar to this. There were 2 decisions, one where a Starter failed to load a horse and another where the gates were wrongly positioned.

Mr Batt accepted Mr Davidson’s submission as to penalty.

Reasons for Penalty

Mr Batt has made a mistake; it was an oversight. He has failed to re-activate the gates after testing that they were operative before the start of the meeting. The result was when he pushed the button to actuate the gates, there was no response. Unfortunately, a number of Jockeys anticipated the gates were about to open on seeing Mr Batt push the button, and 3 horses came into contact with the still closed gates and had to be late scratched. His actions have thus cost both the connections of the respective horses and the Club. The Stewards’ understanding at the time of the hearing was that 2 of the horses had suffered a bump to the head or a cut to the mouth. Mr Chowdhoory, who received a bump to his nose, required treatment from St John Ambulance Personnel and was stood down from his ride in Race 1. He was fit to ride after Race 2.

The case precedents are not on all fours with this case. The penalties range from a fine of $300 to one of $1000. The breach is above the lower of the 2 cases in gravity. Three horses had to be late scratched. Mr Batt is a well-regarded Starter and has no previous breaches of this Rule.

Conclusion

He is fined the sum of $350.