Matamata RC 8 October 2022 – R12 – Terry Powell

SUMMARY OF FACTS:

Prior to Race 1 Mr Oatham lodged an Information alleging a breach of Rule 534(1) in that Trainer Terry Powell failed to scratch I’m ALICE (Race 12) by the required time.

Mr Powell is a Ruakaka based Trainer.  He was not present on course, and he joined the hearing via phone.

EVIDENCE:

Mr Oatham said that I’M ALICE was accepted to race in Race 12.  Prior to the commencement of the meeting, he was contacted by the NZTR Racing Bureau who advised him that Mr Powell was seeking to late scratch I’M ALICE.  In response, Stipendiary Steward Mr B Jones spoke to Mr Powell who told him that I’M ALICE had stitches inserted by his Vet which were due to have been removed prior to 7.30 am on raceday.  But they were not able to be removed by the 7.30 am scratching deadline and it was on that basis that he wished to scratch his horse late.

Mr Oatham said that I’M ALICE was eventually late scratched, much later than the 7.30 am deadline.

Mr Powell advised the Adjudicative Committee that the reason for the late scratching was that he was expecting his veterinarian to call at his property to remove stitches from I’M ALICE, but the veterinarian was diverted to attend to an animal emergency on another property.  He added that as it transpired, he learnt that I’M ALICE was not due to have the stitches removed until tomorrow (9 October 2022) and on that basis would not have been able to race.  Mr Powel accepted that he should have scratched his horse prior to the 7.30 am deadline.

REASON FOR DECISION:

Mr Powell admitted the breach therefore the charge was deemed proved.

SUBMISSION FOR PENALTY:

Mr Oatham submitted that there were six runners balloted out and at least one of those horses was or could have been denied a start in the race had I’M ALICE been scratched by the 7.30 am deadline.  He added that the race was on a Premier day and carried a stake of $40, 000 which is significant for a Rating 65 race.

Mr Oatham suggested that a fine in the vicinity of $350 would be appropriate under the circumstances.

Mr Powell submitted that he freely acknowledged the breach.  He said that he has previously had a runner denied a start in a race due to another horse being late scratched and he therefore understood the ramifications of late scratching his horse.

REASON FOR PENALTY:

The Penalty Guide provides for a fine of $350 for a breach of this Rule when another runner(s) is denied a start in the race.   Previous breaches have been dealt with on a fact dependent basis and fines have ranged from $250 to $650.

In this instance the Adjudicative Committee determined there are no compelling reasons to deviate from the Penalty Guide and a fine of $350 is imposed.

CONCLUSION:

Trainer Mr Powell is fined $350.