Rangiora HRC 30 April 2023 – R3 – Sonny Jacobs

BACKGROUND:

Stipendiary Steward, Paul Williams, has filed an Information alleging that the Respondent, holder of Licence to Train, Sonny Jacobs, as the Trainer of HIKOI HINE, an acceptor for Race 3, Anne Thompson Memorial Graduation Heat 2 Mobile Pace, he attempted to start the mare in an unfit condition to race.

The Respondent endorsed the Information “I do admit a breach of the rule” and he confirmed this at the hearing.

Rule 863 provides:

No owner, trainer or driver shall start or attempt to start in any race a horse in indifferent health or unsound or unfit condition to compete in such race.

EVIDENCE:

Stipendiary Steward, Paul Williams, said that Stipendiary Steward, Shane Renault, was in the birdcage as the horses were presented for Race 3.

Mr Renault said that he had spoken to the horse’s Driver, Ross Houghton, about an incident in an earlier race. Mr Houghton asked if the vet could have a look at the horse, as it felt sore coming along the laneway to the birdcage. The vet had a look at the horse when it got onto the track and was satisfied that it was lame. The horse was returned to the birdcage and was scratched by Stewards.

The vet made a further inspection of the horse when it had returned to its stall. Mr Williams produced photographs which showed extensive swelling/puffiness to its hind legs. The vet’s report stated that “both hind legs metatarsal areas were swollen and horse lame at high end prior to race”.

The Respondent stated that the horse had been taken from its box at his Kaikoura stable before daylight, to load for the trip to the race meeting. At that time, he did not notice anything amiss. He had geared the horse up himself and nor did he notice at that time.

DECISION:

The breach has been admitted and is therefore deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Williams referred to the Penalty Guide starting point for a breach of the Rule of a $1,000 fine. The Respondent had cooperated fully and has admitted the breach. However, there is a serious animal welfare issue involved, he submitted. The Respondent ought to have noticed and, at a very minimum, called on the vet to have a look.

A fine of $1,000 is an appropriate penalty, Mr Williams submitted.

The Respondent said that he had held a licence for 7-8 years. (The Adjudicative Committee noted that he was granted a Licence to Train in 2015 and, since that time, has had 55 starters).

REASONS FOR PENALTY:

The Respondent is a “Hobby Trainer”, training a small number of horses from a stable at Kaikoura. The Adjudicative Committee has to take this factor into account when looking at penalty. He is by no means a “high flyer” and, no doubt, looks after his few horses as best he can, based on a relative lack of experience. There is no evidence that he was actually aware of the mare’s condition before sending it out on to the track. The Adjudicative Committee tends to the view that, had he been aware, he would not have attempted to start her.

The RIB Harness Racing Penalty Guide (February 2023) suggests a starting point for penalty, for a breach of Rule 863, of a fine of $1,000. Mr Williams has referred to the animal welfare implications in this case, but most cases under the Rule will inevitably involve animal welfare considerations to some extent. It is not an aggravating factor in this case. Mitigating factors are the Respondent’s cooperation with Stewards, his frank admission of the breach and his Hobby Trainer status. For a combination of those factors, the Adjudicative Committee allows a 25% discount, or $250, from the Penalty Guide starting point.

CONCLUSION:

The Respondent, Holder of Licence to Train, Sonny Jacobs, is fined $750.