Archive Decision
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NZ Metro 7 July 2011 – R 9
ID: JCA10500
Meet Title:
NZ Metro TC - 7 July 2011
Meet Chair:
KHales
Meet Committee Member 1:
RMcKenzie
Race Date:
2011/07/07
Race Number:
R9
Decision:
As Mr Jones has admitted the charge, it is therefore deemed to be proved.
Penalty:
Mr Jones is fined $200.
Charge:
Alleged that a boring pole came adrift during the running of the race on "Classie Emma".
Facts:
In race 9 "Classie Emma" was fitted with two boring poles, one on each side of the horse. During the running of the race, the near side pole came adrift and flopped around for the remainder of the race.
Reasons for Decision:
A breach of this rule is one of strict liability and would normally have been dealt with pursuant to the Minor Infringement Regulations. However, Mr Jones requested that the charge be brought before the Judicial Committee as he wished to make submissions as to penalty.
Submissions for Penalty:
Mr Jones told us that he believed that the standard fine, in terms of the Minor Infringement Regulations, was excessive having regard to the lack of culpability on his part. He said that there was no explanation for the boring pole coming adrift, as he had ensured that both boring poles were correctly affixed prior to the race. The off-side pole reamined intact thoughout the race and that he could not say why the near-side pole came detached.
Mr McIntyre said that in the last two seasons, that Mr Jones had lined up 292 starters in the 2009-2010 season and so far in the current season he had lined up 264 starters and that this was the first time in the last two seasons that Mr Jones had been charged for having faulty gear.
Reasons for Penalty:
We consider that it is only in an exceptional case would a Judicial Committee depart from imposing the standard fine for a matter which would normally be imposed, for a minor infringement matter covered by the Minor Infringement Regulations. The standard fine for a license holder being charged for the first time puruant to the Minor Infringment Regulation is $250.However, in this case we note that Mr Jones has lined up approximately 550 horses in the last two seasons without having appeared before a Judicial Committee or having received a minor infringement notice for faulty gear. That is quite exceptional and for that reason alone we are going to afford a discount of $50 on the standard fine.
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hearingid: 07dc1aa86d1c4a0c9b058c5f7ef743be
startdate: no date provided
hearing_title: NZ Metro 7 July 2011 - R 9
charge:
Alleged that a boring pole came adrift during the running of the race on "Classie Emma".
facts:
In race 9 "Classie Emma" was fitted with two boring poles, one on each side of the horse. During the running of the race, the near side pole came adrift and flopped around for the remainder of the race.
reasonsfordecision:
A breach of this rule is one of strict liability and would normally have been dealt with pursuant to the Minor Infringement Regulations. However, Mr Jones requested that the charge be brought before the Judicial Committee as he wished to make submissions as to penalty.
Decision:
As Mr Jones has admitted the charge, it is therefore deemed to be proved.
sumissionsforpenalty:
Mr Jones told us that he believed that the standard fine, in terms of the Minor Infringement Regulations, was excessive having regard to the lack of culpability on his part. He said that there was no explanation for the boring pole coming adrift, as he had ensured that both boring poles were correctly affixed prior to the race. The off-side pole reamined intact thoughout the race and that he could not say why the near-side pole came detached.
Mr McIntyre said that in the last two seasons, that Mr Jones had lined up 292 starters in the 2009-2010 season and so far in the current season he had lined up 264 starters and that this was the first time in the last two seasons that Mr Jones had been charged for having faulty gear.
reasonsforpenalty:
We consider that it is only in an exceptional case would a Judicial Committee depart from imposing the standard fine for a matter which would normally be imposed, for a minor infringement matter covered by the Minor Infringement Regulations. The standard fine for a license holder being charged for the first time puruant to the Minor Infringment Regulation is $250.However, in this case we note that Mr Jones has lined up approximately 550 horses in the last two seasons without having appeared before a Judicial Committee or having received a minor infringement notice for faulty gear. That is quite exceptional and for that reason alone we are going to afford a discount of $50 on the standard fine.
penalty:
Mr Jones is fined $200.
Rules: Rule 864(2)(d), Every horseman, owner, trainer and assistant thereof of a horse shall with regard to that horse ensure that:, (d)all gear is correctly applied and/or affixed so as not to malfunction or come adrift
Informant: N McIntyre - Stipendiary Steward
JockeysandTrainer: Mark Jones - Licensed Driver
raceid: 093dc99541cd4f1476d0bb00f30d8eca
meetid: 41a6189be4721f9a1f952f9d0289a13c
meet_title: NZ Metro TC - 7 July 2011
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
