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R5 NZ Metro TC 20 December 2011

ID: JCA11388

Applicant:
Mr N M Ydgren - Stipendiary Steward

Respondent(s):
Mr T Jellyman - Licensed Trainer

Other Person:
Mr B Wilson - Race Farrier

Information Number:
A5335

Hearing Type:
Hearing

Rules:
864 (2) (b)

Plea:
denied

Decision:

 

We accordingly find the charge proved.
 

Penalty:

Fined $200.00

Charge:

Presented "Dixie Belle" with shoes in poor condition.

Facts:

 

Following the running of race 10 Stipendiary Steward Mr Ydgren filed an information against Mr T Jellyman alleging a breach of Rule 864 (2) (b). It was alleged that;
 
“You presented “Betty Louise” in shoes which were in poor condition”
 
Rule 864 (2) (b) reads;
 
“(2) Every horseman, owner, trainer and assistant thereof of a horse shall with regard that horse ensure that – (d) any gear, appliance or devise used or to be used in a race is of good quality and in good order and condition”
 
Mr Mr Ydgren called the Race Farrier, Mr Wilson, to give evidence in relation to his observation of the manner in which “Betty Louise” was shod and presented for race 5. Mr Wilson gave evidence as to his employment as a Farrier checking horses on race day for a number of years.
 
He gave evidence of inspecting “Betty Louise” at Addington Raceway prior to the start of race 5. His opinion was that the horse was poorly shod. When referring to one hoof in particular, he noted that the manner in which it had been trimmed would be likely to affect the horse’s action. That the shoe was in poor condition and the nailing of the shoe was not up to an acceptable standard.
 
Mr Jellyman disputed Mr Wilson’s observations but did not provide any witness or evidence to support his opinions.
 
Mr Jellyman told the hearing that on taking on “Betty Louise” to train he had discovered a problem with a hoof and had been endeavouring to grow the hoof as part of remedial action. He indicated that the horse had been shod the previous week.
 

Submissions for Decision:

 

Mr Ydgren submitted that Mr Wilson was an experienced Farrier, well qualified to give an opinion of this type.   That Mr Wilson’s evidence clearly established a breach of rule 864 (2) (b).
 
Mr Jellyman gave an opinion as to Mr Wilson’s competency in relation to others with experience with shoeing horses and disputed Mr Wilsons opinion. He advanced the difficulty he had had with a troublesome hoof as part of his submissions.

Reasons for Decision:

 

While Mr Jellyman verbally contested Mr Wilson’s observations he did not advance any evidence or witness which/who would in our opinion challenge Mr Wilson’s evidence in a creditable manner.
 
Mr Wilson is an experienced person well qualified in the Panel’s opinion to give the evidence which he had and we preferred his evidence to that of Mr Jellyman.
 

Submissions for Penalty:

 

Mr Ydgren submitted that matters brought under Rule 864 (2) (b) are generally dealt with by way of Minor Infringement Notice but that an Information had been laid as Mr Jellyman wished to defend the matter. That Mr Jellyman had a clear record.   His submission was that the fine should be $200.00 in line with that normally attracted when these matters are dealt with by way of Minor Infringement Notice. 
 
Mr Jellyman submitted that a fine of $200.00 was a bit steep.
 
 

Reasons for Penalty:

 

We concluded that there was no compelling reason to vary from the fine normally incurred when matters under this rule are dealt with by way of Minor Infringement Notice. 

Decision Date: 20/12/2011

Publish Date: 20/12/2011

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: 2684fd72dda7e1e0dbeb1da42981213b

informantnumber: A5335

horsename:

hearing_racingtype:

startdate: no date provided

newcharge:

plea: denied

penaltyrequired: 1

decisiondate: 20/12/2011

hearing_title: R5 NZ Metro TC 20 December 2011

charge:

Presented "Dixie Belle" with shoes in poor condition.

facts:

 

Following the running of race 10 Stipendiary Steward Mr Ydgren filed an information against Mr T Jellyman alleging a breach of Rule 864 (2) (b). It was alleged that;
 
“You presented “Betty Louise” in shoes which were in poor condition”
 
Rule 864 (2) (b) reads;
 
“(2) Every horseman, owner, trainer and assistant thereof of a horse shall with regard that horse ensure that – (d) any gear, appliance or devise used or to be used in a race is of good quality and in good order and condition”
 
Mr Mr Ydgren called the Race Farrier, Mr Wilson, to give evidence in relation to his observation of the manner in which “Betty Louise” was shod and presented for race 5. Mr Wilson gave evidence as to his employment as a Farrier checking horses on race day for a number of years.
 
He gave evidence of inspecting “Betty Louise” at Addington Raceway prior to the start of race 5. His opinion was that the horse was poorly shod. When referring to one hoof in particular, he noted that the manner in which it had been trimmed would be likely to affect the horse’s action. That the shoe was in poor condition and the nailing of the shoe was not up to an acceptable standard.
 
Mr Jellyman disputed Mr Wilson’s observations but did not provide any witness or evidence to support his opinions.
 
Mr Jellyman told the hearing that on taking on “Betty Louise” to train he had discovered a problem with a hoof and had been endeavouring to grow the hoof as part of remedial action. He indicated that the horse had been shod the previous week.
 

appealdecision:

isappeal:

submissionsfordecision:

 

Mr Ydgren submitted that Mr Wilson was an experienced Farrier, well qualified to give an opinion of this type.   That Mr Wilson’s evidence clearly established a breach of rule 864 (2) (b).
 
Mr Jellyman gave an opinion as to Mr Wilson’s competency in relation to others with experience with shoeing horses and disputed Mr Wilsons opinion. He advanced the difficulty he had had with a troublesome hoof as part of his submissions.

reasonsfordecision:

 

While Mr Jellyman verbally contested Mr Wilson’s observations he did not advance any evidence or witness which/who would in our opinion challenge Mr Wilson’s evidence in a creditable manner.
 
Mr Wilson is an experienced person well qualified in the Panel’s opinion to give the evidence which he had and we preferred his evidence to that of Mr Jellyman.
 

Decision:

 

We accordingly find the charge proved.
 

sumissionsforpenalty:

 

Mr Ydgren submitted that matters brought under Rule 864 (2) (b) are generally dealt with by way of Minor Infringement Notice but that an Information had been laid as Mr Jellyman wished to defend the matter. That Mr Jellyman had a clear record.   His submission was that the fine should be $200.00 in line with that normally attracted when these matters are dealt with by way of Minor Infringement Notice. 
 
Mr Jellyman submitted that a fine of $200.00 was a bit steep.
 
 

reasonsforpenalty:

 

We concluded that there was no compelling reason to vary from the fine normally incurred when matters under this rule are dealt with by way of Minor Infringement Notice. 

penalty:

Fined $200.00

hearing_type: Hearing

Rules: 864 (2) (b)

Informant: Mr N M Ydgren - Stipendiary Steward

JockeysandTrainer: Mr T Jellyman - Licensed Trainer

Otherperson: Mr B Wilson - Race Farrier

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Respondent:

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