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Hawke's Bay RI 23 September 2017 - R 10 (request for ruling) - Chair, Mr N McCutcheon

Created on 25 September 2017

NMcCutcheon (chair)
Stipendiary Steward(s):
Mr J Oatham - Chief Stipendiary Steward
Mr R Bergerson - Licensed Trainer
Information Number:

Mr Bergerson requested approval for BEEFEATER to be a late-scratching from Race 10 (Hastings-Heart of Hawkes Bay-1400) due to the track conditions.

Rule 534(2)(b) provides:
If the Stipendiary Steward is not so satisfied, he shall complete an Information and file it with the Registrar for the Judicial Committee and the Judicial Committee shall then determine whether there are such circumstances and whether the Trainer or Owner or Lessee (as the case may be) or his agent or its Racing Manager is authorised to scratch the horse after that time.

Submission For Decision:

Mr Bergerson, Licenced Trainer of BEEFEATER, an acceptor in race 10, requested approval from the Judicial Committee to late-scratch the horse due to the track conditions.

Mr Bergerson said that the track had deteriorated during the day and was now rough on the inside. He said that his horse had not raced for some months and that it would be too hard on him as it had drawn the inside and that the punters would be wasting their money. He said that the request for approval to late-scratch was after consultation with the owner of the horse.

Mr Oatham opposed Mr Bergerson’s request, stating that the track conditions had not changed since the official scratching time (7.30am), that Mr Bergerson had had the opportunity to scratch the horse by then. He expressed concern that if the request was approved that Trainers would then be able to view racing on the day and then decide if they should scratch. He said that that would then lead to serious ramifications and would not be acceptable.

Reasons For Decision:

After giving due consideration to all submissions, circumstances and the relevant Rules, the Committee was satisfied that there had not been any material change to the track conditions since the expiration of scratching time of 7.30am.


Accordingly Mr Bergerson’s request for approval to late-scratch BEEFEATER from Race 10 was declined.

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