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Auckland TC 13 May 2011 – R6

ID: JCA12396

Applicant:
Mr B Van Kan

Respondent(s):
Trainers Balle and Gillies

Information Number:
66772

Hearing Type:
Hearing

Rules:
Rule 865(2)

Plea:
admitted

Meet Title:
Auckland TC - 13 May 2011

Meet Chair:
GJones

Meet Committee Member 1:
BRowe

Race Date:
2011/05/13

Race Number:
R6

Decision:

The allegation is admitted, therefore proven. 

Penalty:

A fine of $200 is imposed by the committee. 

Charge:

The information alleges that Trainers D Balle and O Gillies presented GEORGE SKIPPER with removeable earplugs not with the removeable earhood which was previously advised. 

Facts:

Mr Van Kan told the committee that the trainers D Balle and O Gillies presented their horse, GEORGE SKIPPER with removeable earplugs and that this was contrary to previous advice that the horse would race in a removeable hood.  He said that the trainers were obliged to advise of gear changes and produced for the inspection of the committee the Gear Notification form for racing on 13 May 2011.  He pointed out that there were no notified gear changes in respect of GEORGE SKIPPER. 
 
Mr Gillies on behalf of the training partnership told the committee that he thought that GEORGE SKIPPER had previously raced in a removeable hood. 

Submissions for Decision:

Mr Van Kan submitted that a charge of this nature would generally be dealt with via the Minor Infringement System provisions.  However, this is the fourth time that the training partnership has beached this rule since September 2010. 
 
Mr Gillies made no comment on this submission. 

Submissions for Penalty:

Mr Van Kan recommended that a fine of $200 be imposed by the committee.  In support of this recommendation he submitted that the committee should note that this is the fourth breach of this rule by the trainers since September 2010 and that the last breach was seven days ago and on that occasion a fine of $125 was imposed. 
 
Mr Gillies submitted that in terms of the partnership he "doesn't really have anything to do with the gear side of things".  He said that he talked to Mr Balle prior to leaving for the race meeting and was told that the horse raced in earplugs last time.  He said that he did not have anything further to say about penalty, other than that he did not contest a fine of $200. 

Reasons for Penalty:

The committee gave careful consideration to the submissions of Mr Van Kan and Mr Gillies.  We noted that a breach of this nature would generally attract a fine of $100 under the Minor Infringement System.  However, we took into account the three previous breaches, and in particular the similar breach seven days ago.  We have noted Mr Gilles early admission and the possible misunderstanding as to what gear the horse GEORGE SKIPPER last raced in.  However the committee took the view that this does not mitigate the trainers obligations to ensure that gear notification Regulations are followed and complied with.   

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: 57bb63d712c8c0d6af7cb61323f7bd34

informantnumber: 66772

horsename:

hearing_racingtype:

startdate: no date provided

newcharge:

plea: admitted

penaltyrequired: 1

decisiondate: 14/04/2011

hearing_title: Auckland TC 13 May 2011 - R6

charge:

The information alleges that Trainers D Balle and O Gillies presented GEORGE SKIPPER with removeable earplugs not with the removeable earhood which was previously advised. 

facts:

Mr Van Kan told the committee that the trainers D Balle and O Gillies presented their horse, GEORGE SKIPPER with removeable earplugs and that this was contrary to previous advice that the horse would race in a removeable hood.  He said that the trainers were obliged to advise of gear changes and produced for the inspection of the committee the Gear Notification form for racing on 13 May 2011.  He pointed out that there were no notified gear changes in respect of GEORGE SKIPPER. 
 
Mr Gillies on behalf of the training partnership told the committee that he thought that GEORGE SKIPPER had previously raced in a removeable hood. 

appealdecision:

isappeal:

submissionsfordecision:

Mr Van Kan submitted that a charge of this nature would generally be dealt with via the Minor Infringement System provisions.  However, this is the fourth time that the training partnership has beached this rule since September 2010. 
 
Mr Gillies made no comment on this submission. 

reasonsfordecision:

Decision:

The allegation is admitted, therefore proven. 

sumissionsforpenalty:

Mr Van Kan recommended that a fine of $200 be imposed by the committee.  In support of this recommendation he submitted that the committee should note that this is the fourth breach of this rule by the trainers since September 2010 and that the last breach was seven days ago and on that occasion a fine of $125 was imposed. 
 
Mr Gillies submitted that in terms of the partnership he "doesn't really have anything to do with the gear side of things".  He said that he talked to Mr Balle prior to leaving for the race meeting and was told that the horse raced in earplugs last time.  He said that he did not have anything further to say about penalty, other than that he did not contest a fine of $200. 

reasonsforpenalty:

The committee gave careful consideration to the submissions of Mr Van Kan and Mr Gillies.  We noted that a breach of this nature would generally attract a fine of $100 under the Minor Infringement System.  However, we took into account the three previous breaches, and in particular the similar breach seven days ago.  We have noted Mr Gilles early admission and the possible misunderstanding as to what gear the horse GEORGE SKIPPER last raced in.  However the committee took the view that this does not mitigate the trainers obligations to ensure that gear notification Regulations are followed and complied with.   

penalty:

A fine of $200 is imposed by the committee. 

hearing_type: Hearing

Rules: Rule 865(2)

Informant: Mr B Van Kan

JockeysandTrainer: Trainers Balle and Gillies

Otherperson:

PersonPresent:

Respondent:

StipendSteward:

raceid: 5078c3040aefb6af116b17624d5817b1

race_expapproval:

racecancelled: 0

race_noreport: 0

race_emailed1: 0

race_emailed2: 0

race_title: R6

submittochair:

race_expappcomment:

race_km:

race_otherexp:

race_chair:

race_pm1:

race_pm2:

meetid: 28e85cade03d3b270124d631c850e430

meet_expapproval:

meet_noreport: 0

waitingforpublication: 0

meet_emailed1: 0

meet_emailed2: 0

meetdate: 13/05/2011

meet_title: Auckland TC - 13 May 2011

meet_expappcomment:

meet_km:

meet_otherexp:

tracklocation: auckland-tc

meet_racingtype: harness-racing

meet_chair: GJones

meet_pm1: BRowe

meet_pm2: none

name: Auckland TC