RWWA Stewards today concluded an Inquiry into the identification bona fides of the runner presented as ZUBIZARETTA which finished unplaced in Race 7 the Doug Milne & Les O'Brien Handicap (1626m) at Kalgoorlie on Sunday, 10 August 2008.
Evidence was taken from Trainer and Managing Part Owner of ZUBIZARETTA Mr P. Smythe, Trainer Mr Stephen Miller, the Kalgoorlie-Boulder Race Club (KBRC) Horse Inspecting Officer and Senior Steward Mr John Biggs. The official Stewards videos of Race 7 at Kalgoorlie on 10 August 2008, Race 2 on 3 August 2008 and Race 5 on 20 July 2008 were viewed.
The Stewards conclusively established that the horse presented as the four year old bay gelding ZUBIZARETTA (69 Rating) was in fact the lesser performed five year old maiden bay gelding DAY OF RECKONING.
Evidence disclosed that Trainer Mr Paul Smythe had left for the Broome racing round on Wednesday, 6 August 2008 leaving licensed Trainer Mr Merv Dellar in charge of his stable, however Mr Dellar had also left for the Broome Cup meeting on Friday, 8 August 2008. Mr Smythe had requested licensed Trainer Mr Stephen Miller to be his duly authorised agent for the Kalgoorlie race meeting on 10 August 2008. Mr Smythe had submitted to the Stewards an official letter advising of the arrangement as required by the Rules of Racing.
On Friday 8 August 2008 after exercising on the walking machine at Mr Smythe’s stable, ZUBIZARETTA was incorrectly returned to the wrong horse stall being that of DAY OF RECKONING by a staff member. Consequently, the mistake that occurred at that time was not detected and was perpetuated.
Trainer Mr Stephen Miller confirmed that he had presented DAY OF RECKONING to race under the honest but mistaken belief that it was ZUBIZARETTA.
Trainer Mr Paul Smythe on return from Broome, discovered that ZUBIZARETTA was in the incorrect stall and this had sparked serious concerns with him that the incorrect horse had raced on Sunday 10 August 2008. After questioning his staff he immediately contacted Senior Steward Mr John Biggs who reported the matter to the Chairman of Stewards and an investigation was instigated immediately.
The KBRC Horse Inspecting Officer confirmed that he was on duty on the 10 August 2008 and acting in his official capacity he was of the opinion that he had identified all runners as required. He could not explain and was at a loss why he failed to detect the incorrect presentation of ZUBIZARETTA.
A comprehensive examination of the wagering activities of Race 7 on 10 August 2008 was undertaken including analysis of on course Bookmakers, WATAB and Betfair. There was no evidence of any improper conduct and the level of betting activity was unremarkable.
Trainer Mr P. Smythe pleaded guilty to a charge of negligence under AR.175(k) which led to a breach of AR.59A(3). The negligence being that Mr Smythe failed to have proper stable protocols in place for the identification of race day runners during his absence which resulted in DAY OF RECKONING being presented and race as ZUBIZARETTA in Race 7 the Doug Milne & Les O’Brien Handicap (1626m) at Kalgoorlie on Sunday, 10 August 2008. Mr Paul Smythe was fined the sum of $1,200.
Trainer Mr Stephen Miller pleaded guilty to a charge under AR.59A(3) for as the duly authorised representative for Trainer Mr Paul Smythe, he failed to establish the identity of ZUBIZARETTA which resulted in DAY OF RECKONING being incorrectly presented and race as ZUBIZARETTA in Race 7 the Doug Milne & Les O’Brien Handicap (1626m) at Kalgoorlie on Sunday, 10 August 2008. Mr Stephen Miller was fined the sum of $500.
In arriving at this penalty, the Stewards on the evidence before them believe that there was no form of deliberate, premeditated or fraudulent action on the part of any person. The Stewards were also cognisant of the fact that Trainer Mr Paul Smythe, on the detection of a possible mistaken identity, advised the Stewards immediately. The forthright manner in which Trainers’ Paul Smythe and Stephen Miller addressed this inquiry was also taken into account.
Acting under the provisions of AR.47(3) ZUBIZARETTA was disqualified from Race 7 the Doug Milne & Les O'Brien Handicap (1626m) at Kalgoorlie on Sunday, 10 August 2008.
RWWA Stewards, on review of Horse Identification Procedures, will now introduce an additional identification check of all runners when arriving immediately on course, one hour before race time. This will be in addition to the routine identification checks carried out on all runners when presented in the mounting enclosure immediately prior to racing. The KBRC Horse Inspecting Officer was counselled and inspecting procedures strongly reinforced.
John A. Zucal
RWWA Chairman of Stewards
For more information contact:
Racing and Wagering Western Australia
Stewards Division
70 Grandstand Road, Ascot WA 6104
Ph: 9277 0777
