Rangiora HRC 16 July 2011 – R 4
ID: JCA11475
Meet Title:
Rangiora HRC - 16 July 2011
Meet Chair:
RMcKenzie
Meet Committee Member 1:
PRosanowski
Race Date:
2011/07/16
Race Number:
R4
Decision:
Mr Gameson having admitted the breach, the charge was found proved.
Penalty:
Mr Gameson was issued with a warning and no penalty was imposed.
Charge:
Horse presented in incorrect gear.
Facts:
Information No. 66831 was filed by Stipendiary Steward, Mrs K R Williams, against Licensed Public Trainer, Mr J H Gameson, alleging a breach of Rule 865 (1) in that Mr Gameson, as the trainer of GIBRALTAR in the Race 4, Simon Shamy “Barrister” Mobile Pace, “failed to present the horse into the assembly area without the notified gear. GIBRALTAR was presented with pull down blinds and removable earplugs which had not been notified to HRNZ.”
Mr Gameson was present at the hearing of the information and he indicated that he admitted the breach.
Rule 865 provides as follows:
(1) The trainer or person in control of a horse shall give notice, in the manner prescribed in the Approved Gear Regulations, of the notifiable gear to be worn by a horse in a totalisator race no later than the official deadline for the notification of drivers at the race meeting in which a horse is entered.
Submissions for Decision:
Mrs Williams said that, at the meeting of Forbury Park Trotting Club on 1 July 2011, Mr Gameson had presented GIBRALTAR, having its first start, in pull down blinds and removable earplugs. No gear had been notified to Harness Racing New Zealand for the horse. Mr Gameson was charged, admitted the breach and was fined. Mrs Williams said that Mr Gameson was required to formally notify that gear prior to GIBRALTAR being presented to race again but had not done so.
Mrs Williams said that Mr Gameson should have either completed a form on the night, faxed a form to HRNZ or completed a gear notification over the internet. She conceded that there had been some confusion, but it was not a deliberate act on Mr Gameson’s part. This breach was, effectively, a repeat of the first breach. The charge had been brought by way of information rather than the Minor Infringement System to give the Committee the opportunity to consider these circumstances. Mrs Williams submitted that there were strong mitigating circumstances. Mr Gameson had already been penalised for not notifying the gear in the first instance.
Mr Gameson submitted that the breach had arisen out of a misunderstanding. He had admitted the breach on the first occasion at the Forbury Park meeting as he had not notified any gear for the horse. The horse had been presented in the identical gear today. He thought the notification was “automatically done”.
Submissions for Penalty:
Mrs Williams said the penalty under the Minor Infringement for a breach of the Rule is $100. She invited the Committee to deal with the matter by way of a warning because of the circumstances.
Mr Gameson said that he would appreciate a warning.
Reasons for Penalty:
The Committee took into account Mr Gameson’s admission of the breach and the circumstances of the breach. It accepted that there had been a misunderstanding on Mr Gameson’s part in that he did not realise that, following the first breach involving the horse, he was required to take steps to notify any notifiable gear prior to its next start. Mrs Williams accepted that there had been a misunderstanding. This misunderstanding had led to what was, effectively, a repeat of the original breach. The Committee was satisfied that a warning was appropriate in the circumstances.
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: 212e7a5e90bfc0523c4818e0474e49b6
informantnumber: 66831
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 06/07/2011
hearing_title: Rangiora HRC 16 July 2011 - R 4
charge:
Horse presented in incorrect gear.
facts:
Information No. 66831 was filed by Stipendiary Steward, Mrs K R Williams, against Licensed Public Trainer, Mr J H Gameson, alleging a breach of Rule 865 (1) in that Mr Gameson, as the trainer of GIBRALTAR in the Race 4, Simon Shamy “Barrister” Mobile Pace, “failed to present the horse into the assembly area without the notified gear. GIBRALTAR was presented with pull down blinds and removable earplugs which had not been notified to HRNZ.”
Mr Gameson was present at the hearing of the information and he indicated that he admitted the breach.
Rule 865 provides as follows:
(1) The trainer or person in control of a horse shall give notice, in the manner prescribed in the Approved Gear Regulations, of the notifiable gear to be worn by a horse in a totalisator race no later than the official deadline for the notification of drivers at the race meeting in which a horse is entered.
appealdecision:
isappeal:
submissionsfordecision:
Mrs Williams said that, at the meeting of Forbury Park Trotting Club on 1 July 2011, Mr Gameson had presented GIBRALTAR, having its first start, in pull down blinds and removable earplugs. No gear had been notified to Harness Racing New Zealand for the horse. Mr Gameson was charged, admitted the breach and was fined. Mrs Williams said that Mr Gameson was required to formally notify that gear prior to GIBRALTAR being presented to race again but had not done so.
Mrs Williams said that Mr Gameson should have either completed a form on the night, faxed a form to HRNZ or completed a gear notification over the internet. She conceded that there had been some confusion, but it was not a deliberate act on Mr Gameson’s part. This breach was, effectively, a repeat of the first breach. The charge had been brought by way of information rather than the Minor Infringement System to give the Committee the opportunity to consider these circumstances. Mrs Williams submitted that there were strong mitigating circumstances. Mr Gameson had already been penalised for not notifying the gear in the first instance.
Mr Gameson submitted that the breach had arisen out of a misunderstanding. He had admitted the breach on the first occasion at the Forbury Park meeting as he had not notified any gear for the horse. The horse had been presented in the identical gear today. He thought the notification was “automatically done”.
reasonsfordecision:
Decision:
Mr Gameson having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mrs Williams said the penalty under the Minor Infringement for a breach of the Rule is $100. She invited the Committee to deal with the matter by way of a warning because of the circumstances.
Mr Gameson said that he would appreciate a warning.
reasonsforpenalty:
The Committee took into account Mr Gameson’s admission of the breach and the circumstances of the breach. It accepted that there had been a misunderstanding on Mr Gameson’s part in that he did not realise that, following the first breach involving the horse, he was required to take steps to notify any notifiable gear prior to its next start. Mrs Williams accepted that there had been a misunderstanding. This misunderstanding had led to what was, effectively, a repeat of the original breach. The Committee was satisfied that a warning was appropriate in the circumstances.
penalty:
Mr Gameson was issued with a warning and no penalty was imposed.
hearing_type: Hearing
Rules: 865 (1)
Informant: K R Williams, Stipendiary Steward
JockeysandTrainer: J H Gameson, Licensed Public Trainer
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: c4fdb641e0c952bf79a60129dfded007
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 44a4c0a3e7b5dfcfb48404d47c0e87cf
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 16/07/2011
meet_title: Rangiora HRC - 16 July 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: rangiora-hrc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: PRosanowski
meet_pm2: none
name: Rangiora HRC