Archive Decision

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Waipa RC 26 November 2012 – R8

ID: JCA10711

Applicant:
Mr J Oatham - Stipendiary Steward

Respondent(s):
Mr B Wells - Licensed Trainer

Other Person:
Mr W Robinson - Stipendiary Steward

Information Number:
4870

Hearing Type:
Hearing

Rules:
616 (1)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Waipa RC - 26 November 2012

Meet Chair:
RSeabrook

Meet Committee Member 1:
JHolloway

Race Date:
2012/11/26

Race Number:
R8

Decision:

As the breach was admitted we find the charge proved.

Penalty:

Accordingly after taking all the above in to account we impose a fine of $300.

Charge:

Incorrect Gear

Facts:

Following race 8 the informant Mr J Oatham filed an information pursuant to rule 616(1). He alleged that Mr B Wells trainer of NIPABRANDY presented the horse to race with leather reins which are not permitted.

Submissions for Decision:

Mr Oatham explained to the committee that Mr Wells was the trainer of 2 horses due to start in race 8. Prior to that race and around at the start it was discovered by the officials that NIPABRANDY was geared up with leather reins. As reins of this type are not permitted under the rules they were removed and replaced by conforming plastic ones. Mr Oatham said the most disappointing aspect of this charge was that Mr Wells had been warned recently at the Ruakaka meeting that leather reins were illegal so he was well aware that on this occasion he was in breach of the rule pertaining to gear.

Mr Robinson explained to the hearing the reason for the rule outlawing leather reins and that was simply one of safety because as they get older they can break at any time. Mr Wells in admitting the breach said he was aware that leather reins were illegal but on this occasion he had 2 horses in the race. He said he did not think his second set of plastic reins were in good enough conditon for a horse to race in so he resorted to a good set of leather reins.
 

Submissions for Penalty:

Mr Oatham stated Mr Wells had a clear record and that other similar breaches of this rule had incurred fines of $100. He added that Mr Wells had admitted the breach and cooperated fully with the stewards. However Mr Oatham said this case was more serious than the others as Mr Wells had been warned previously and had gone ahead with blatant disregard of that warning by presenting his horse with leather reins. Mr Oatham submitted a fine of $300 - $500 would be appropriate.

Mr Wells had nothing to submit regarding penalty.
 

Reasons for Penalty:

The committee has carefully considered all the evidence and submissions. This charge is viewed seriously because Mr Wells did not take any heed of the warning he received from the stewards at Ruakaka. For this reason the standard fine of $100 for this breach would be inadequate. However in mitigation this is Mr Wells' first charge, he admitted the breach and has been fully cooperative with the stewards.

JCA Decision Fields (raw)

Dmitry: This section contains all JCA fields migrated from the raw data.

Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.

hearingid: 10ec043ecdd8009759e982196de2b54a


informantnumber: 4870


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 24/11/2012


hearing_title: Waipa RC 26 November 2012 - R8


charge:

Incorrect Gear


facts:

Following race 8 the informant Mr J Oatham filed an information pursuant to rule 616(1). He alleged that Mr B Wells trainer of NIPABRANDY presented the horse to race with leather reins which are not permitted.

appealdecision:


isappeal:


submissionsfordecision:

Mr Oatham explained to the committee that Mr Wells was the trainer of 2 horses due to start in race 8. Prior to that race and around at the start it was discovered by the officials that NIPABRANDY was geared up with leather reins. As reins of this type are not permitted under the rules they were removed and replaced by conforming plastic ones. Mr Oatham said the most disappointing aspect of this charge was that Mr Wells had been warned recently at the Ruakaka meeting that leather reins were illegal so he was well aware that on this occasion he was in breach of the rule pertaining to gear.

Mr Robinson explained to the hearing the reason for the rule outlawing leather reins and that was simply one of safety because as they get older they can break at any time. Mr Wells in admitting the breach said he was aware that leather reins were illegal but on this occasion he had 2 horses in the race. He said he did not think his second set of plastic reins were in good enough conditon for a horse to race in so he resorted to a good set of leather reins.
 

reasonsfordecision:


Decision:

As the breach was admitted we find the charge proved.


sumissionsforpenalty:

Mr Oatham stated Mr Wells had a clear record and that other similar breaches of this rule had incurred fines of $100. He added that Mr Wells had admitted the breach and cooperated fully with the stewards. However Mr Oatham said this case was more serious than the others as Mr Wells had been warned previously and had gone ahead with blatant disregard of that warning by presenting his horse with leather reins. Mr Oatham submitted a fine of $300 - $500 would be appropriate.

Mr Wells had nothing to submit regarding penalty.
 

reasonsforpenalty:

The committee has carefully considered all the evidence and submissions. This charge is viewed seriously because Mr Wells did not take any heed of the warning he received from the stewards at Ruakaka. For this reason the standard fine of $100 for this breach would be inadequate. However in mitigation this is Mr Wells' first charge, he admitted the breach and has been fully cooperative with the stewards.

penalty:

Accordingly after taking all the above in to account we impose a fine of $300.


hearing_type: Hearing


Rules: 616 (1)


Informant: Mr J Oatham - Stipendiary Steward


JockeysandTrainer: Mr B Wells - Licensed Trainer


Otherperson: Mr W Robinson - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 82ebc88bd827d0630eb9b3289dbf9f58


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R8


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 56a091f886d8d445c84f6bbb5d78864d


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 26/11/2012


meet_title: Waipa RC - 26 November 2012


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: waipa-rc


meet_racingtype: thoroughbred-racing


meet_chair: RSeabrook


meet_pm1: JHolloway


meet_pm2: none


name: Waipa RC