Open letter from Mark Sham - RE: NHRA

Over the Air wrote: My take on this is simple

Vee is letting his top line staff do what they are paid for, he cant be expected to do their jobs as well as his own.

If I am understanding things, a default judgement was made against the individual, and this individual has this on appeal? If this is the case then it is no different to jocks who go through the legal process in regards to suspensions and in effect the NHA hands are tied. Perhaps the rules are the problem here?

The individual is guilty but has appealed. Why don't you name and shame, there is no reason that you cannot.

On a final point - I agree with what Mark says. The NHA are quick to deliver judgement and publish when individuals are found guilty, but do not do this when the tables are turned. We still await multiple finds of staff incompetence. Starters, judges, stipes etc. This is the sign of an organisation that believes it does no wrong. A dangerous thing.

According to the NHRA rules it`s Vee`s job to control the Defaulters list

DEFAULTERS97.THE DEFAULTERS' LIST97.1The CHIEF EXECUTIVEshall keep and maintain the DEFAULTERS' LIST which list shall record the names of PERSONS who have been declared as DEFAULTERS and the date from which such declaration took effect.97.2Any PERSON notifying the CHIEF EXECUTIVEof an arrear or default as defined in RULE 97.4 shall:97.2.1substantiate the arrear or default to the satisfaction of the CHIEF EXECUTIVE, and97.2.2in the case of any arrear or default in terms of RULE 97.4.3 tender the prescribed fee together with the copy of the judgment.97.3The CHIEF EXECUTIVEshall give notice to any PERSON who is alleged to be a DEFAULTER and shall request him to make representations, in WRITING within 10 DAYS, as to why he should not be declared a DEFAULTER. After consideration of such representations, ifany, the CHIEF EXECUTIVEshall have the power to and shall determine in his discretion:-97.3.1whether or not any unpaid sums notified to him constitute or do not constitute arrears and defaults;97.3.2whether or not any arrears or defaults warrant thathe declare the person he determines is responsible for such arrears or defaults to be a DEFAULTER; and if so97.3.3the date with effect from which the name of the PERSON, whom he has declared to be a DEFAULTER, shall be placed on the DEFAULTERS' LIST.97.4Arrears and defaults shall mean any monies, supported by documentary evidence and reported to the CHIEF EXECUTIVEand accepted by him as unpaid by anybody in respect of:-97.4.1any monies due to the NATIONAL HORSERACING AUTHORITY;97.4.2any monies dueto a RACING OPERATOR or associated body;97.4.3judgments in respect of racing related debts;97.5DISABILITIES ATTACHING TO THE INCLUSION OF A NAME ON THE DEFAULTERS’ LIST97.5.1A RACING OPERATOR whose name is on the DEFAULTERS' LIST shall not hold anyRACE MEETING.97.5.2A PERSON whose name is entered on the DEFAULTERS' LIST or a like list maintained by any SPECIFIED RACING AUTHORITY shall not:-97.5.2.1be present at any RACE MEETING;97.5.2.2be present at any racing or training stable, training track or RACE COURSE where HORSES are trained for a RACE;97.5.2.3enter any HORSE for any RACE whether acting as an agent or otherwise;97.5.2.4own or part own or have any interest, directly or indirectly, in any HORSE which is entered for or runs in any RACE except that if he is the lessor of a HORSE, the lease shall not be cancelled;97.5.2.5have, directly or indirectly, under his care, training, management or supervision, any HORSE used for the purpose of racing;97.5.2.6be granted any PRIVILEGE or REGISTRATION under the RULES;97.5.2.7be present in any premises used for betting purposes by any licensed bookmaker or Totalisator Operator;

Mark Sham

OTA tell me what happens when a bank gets Judgement. You automatically go onto blacklist till you have your judge rescinded ..No stories with Bullshit of applying to have judge rescinded stories .Mr X did not appeal judgement with NHRA like a jockey has to

Mark

Sham Racing wrote: OTA tell me what happens when a bank gets Judgement. You automatically go onto blacklist till you have your judge rescinded ..No stories with Bullshit of applying to have judge rescinded stories .Mr X did not appeal judgement with NHRA like a jockey has to

Mark

I don't disagree Mark, I am merely saying that this will be their defence.

The Jockey Club have long shown that they have a very selective appetite when it comes to enforcing their rules.

Agree with both you and Oscar ,Dave...Vee was always open and available however not anymore. He knew I was trying to get hold of him about Mr X but just ignored it

Sham Racing wrote: Agree with both you and Oscar ,Dave...Vee was always open and available however not anymore. He knew I was trying to get hold of him about Mr X but just ignored it

Very unlike Vee I must say, maybe he will still look into it for you guys.

i expect nothing from the NHRA. as they explained they dont have rules but merely guidelines, they can meld when needed to suit themselves. as we all know Vee and his team never make mistakes so should not be challenged

my question is who is MR X and why are Arnie and Vee protecting him/her?

There are many Mr X's out there. The bottom line is that the rules of NHA need a revamp. And if the majority of members stood together, it is possible.

The problem is threefold, though
1)NHA are actually acting within their rules.
2)The big guys wont lift a finger, in terms of changing those rules or getting involved.
3)The majority of Owners, and Trainers don't have the time or inclination to get Politically involved.

From Mark Sham

I wonder if the parties that manage horse racing in SA realize that if they carry on “ business as usual” the sport will run out of money? Many peoples lives in SA rely on the money however small it may be. I read a lot and keep up to date especially with growing industries and countries and it is clear that horse racing in the East is on the up. Challenge me if you disagree. Horse racing in the East is strict.. as SA was initially.. owners are vetted heavily before they allowed colors to race.. don’t pay your bills they will take you down..tote only no open bets.. there are strict rules which are acted upon not funny grey areas where things are left to interpretation. It has been clear to me for many years that the view racing authorities in SA take on their role (including the RA) is to stay as far away from confrontation as possible. Whether that is due to people’s constitutional rights in SA is a strong possibility. Personally my view is that a standard contract needs to be drawn up by the RA who is represented to protect owners and trainers rights in horse racing as well as managing the stakes pot. I know very well they won’t do it and are clear that they have nothing to do with that.. however some form of disciplinary action has to be available for either an owner or trainer who fall foul of their responsibilities.
What if a trainer refuses to pay a groom? Where does the groom find protection?
What if an owner doesn’t pay the trainer for food and water for his horse to stay alive? Where does the horse find protection if the trainer stops feeding it.
If horses are not fed then they are deemed to be neglected.. who are the first people to take action against the trainer who’s horses are not given water or food. Would the management of racing take action against the trainer? Or just leave the horses to die of starvation because the owner has not paid?
Owner doesn’t pay = horse doesn’t get food = NHRA does what??

Please see survey attached to be submitted to marksham001@gmail.com

On completion

I still do think, though, that the RA needs to step up, so too our Trainers Association. Let's just start with a basic code of conduct for Owners and Trainers. Let's take it further, with a contract between Owners and Trainers, which includes the obligations of both.

We need Owners and Trainers membership to MEAN something, again, like it used to.

The Owners Association should have a list of approved Trainers...and a list of complaints from Owners, re Trainers, which they forward to the Trainers Association for follow up.

The Trainers Association should have a "Confidential to Trainers" list of reported poor payers, with details, which is reported to the Owners Association, who in turn follow it up with those Owners.

The thing is, that yes, NHA must do something, but so must we all. Let's first get our house in order and then we have every right to take it to NHA to get their buy in.
You see, if you have 30 horses in the yard and the Owners of 10 horses do not pay, ALL of the horses in the yard suffer in some way or another. Standards drop, right across the board. That means that the horses of the good Owners, who have been top class payers are also subjected to the lowering of standards in the yard. And an Owners Association can surely not condone that. Nor can a Trainers Association...

Just my opinions, after reading Oscar's thought provoking post.

From Mark Sham ...

Mr Moodley says we not treated like "Mushrooms "

This goes back to 29 Oct 2019 .Not a single word from either Mr Hyde or Mr Moodley