Non Raceday Inquiry RIU v C Shaw – Decision dated 27 November 2016 – Chair, Mr A Godsalve
ID: JCA12777
Decision:
BEFORE THE JUDICIAL CONTROL AUTHORITY
UNDER THE RACING ACT 2003
AND IN THE MATTER of the New Zealand Rules of Racing
BETWEEN RACING INTEGRITY UNIT (RIU)
Mr J Oatham, Chief Stipendiary Steward
Informant
AND CLIFFORD SHAW (Class A Misc Licencee - Trackwork Rider)
Respondent
Judicial Committee: Mr A Godsalve, Chair - Mr A Dooley, Committee Member
Venue: Te Rapa Racecourse
Date of Hearing: 27 November 2016
Date of Written Decision: 27 November 2016
DECISION OF JUDICIAL COMMITTEE
Facts
Mr Shaw is a trackwork rider employed at the Cambridge Training Centre by Mr S Marsh. Organised jumpouts were held at that venue on Friday 25 November 2016. Stipendiary Steward Mr W Robinson was present, and noticed that as Mr Shaw was about to take a horse to the track he did not appear to be wearing a body protector. Mr Shaw admitted to Mr Robinson that he did not have one on. Mr Marsh, who was at the hearing, said there was no excuse for not wearing a body protector. He said he had been focusing on his horses and dealing with owners at the time. He said Mr Shaw had been wearing a body protector at earlier trackwork, however had removed some clothing as the temperature rose and just forgot to put it back on.
Stipendiary Steward Mr M Williamson, for Mr Oatham, said there was one prior record of a similar charge some years ago when a fine of $300 was imposed.
Decision
As the breach was admitted, the charge was found proved.
Penalty
The Committee informed Mr Shaw that the Health and Safety Regulations now impose a liability on his employer, and also the operators of the venue to conduct their activity with safety.
A fine of $300 was imposed on Mr Shaw.
A Godsalve, Chair
27 November 2016
Appeal Decision: NO LINKED APPEAL DECISION
Decision Date: 02/12/2016
Publish Date: 02/12/2016
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.
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decisiondate: 02/12/2016
hearing_title: Non Raceday Inquiry RIU v C Shaw - Decision dated 27 November 2016 - Chair, Mr A Godsalve
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appealdecision: NO LINKED APPEAL DECISION
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Decision:
BEFORE THE JUDICIAL CONTROL AUTHORITY
UNDER THE RACING ACT 2003
AND IN THE MATTER of the New Zealand Rules of Racing
BETWEEN RACING INTEGRITY UNIT (RIU)
Mr J Oatham, Chief Stipendiary Steward
Informant
AND CLIFFORD SHAW (Class A Misc Licencee - Trackwork Rider)
Respondent
Judicial Committee: Mr A Godsalve, Chair - Mr A Dooley, Committee Member
Venue: Te Rapa Racecourse
Date of Hearing: 27 November 2016
Date of Written Decision: 27 November 2016
DECISION OF JUDICIAL COMMITTEE
Facts
Mr Shaw is a trackwork rider employed at the Cambridge Training Centre by Mr S Marsh. Organised jumpouts were held at that venue on Friday 25 November 2016. Stipendiary Steward Mr W Robinson was present, and noticed that as Mr Shaw was about to take a horse to the track he did not appear to be wearing a body protector. Mr Shaw admitted to Mr Robinson that he did not have one on. Mr Marsh, who was at the hearing, said there was no excuse for not wearing a body protector. He said he had been focusing on his horses and dealing with owners at the time. He said Mr Shaw had been wearing a body protector at earlier trackwork, however had removed some clothing as the temperature rose and just forgot to put it back on.
Stipendiary Steward Mr M Williamson, for Mr Oatham, said there was one prior record of a similar charge some years ago when a fine of $300 was imposed.
Decision
As the breach was admitted, the charge was found proved.
Penalty
The Committee informed Mr Shaw that the Health and Safety Regulations now impose a liability on his employer, and also the operators of the venue to conduct their activity with safety.
A fine of $300 was imposed on Mr Shaw.
A Godsalve, Chair
27 November 2016
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