NZ Metro TC 16 September 2011 – R 8
ID: JCA13131
Meet Title:
NZ Metro TC - 16 September 2011
Meet Chair:
RMcKenzie
Meet Committee Member 1:
JPhelan
Race Date:
2011/09/16
Race Number:
R8
Decision:
Mr Dalgety having admitted the charge, the charge was found proved.
Penalty:
Mr Dalgety was fined the sum of $200.
Charge:
Failure to notify change of gear.
Facts:
Information No. 69249 was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Public Trainer, Mr C T Dalgety, alleging that Mr Dalgety, as the trainer of EMMALINE FRANCO in Race 8, Nevele R – Breeders Bonus Scheme Mobile Pace, “failed to present EMMALINE FRANCO with the notified removable earplugs”.
Mr Dalgety had signed the Statement by the Defendant on the information form indicating, firstly, that he admitted the breach and, secondly, that he did not wish to be present at the hearing of the information.
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.
(2) Every horse entered in a totalisator race shall be presented in the assembly area prior to the race in the same notifiable gear as that notified under sub-rule (1).
Submissions for Decision:
Mr McIntyre informed the Committee that Mr Dalgety had presented EMMALINE FRANCO, trained by him, for Race 8, without the removable ear plugs that had been previously notified.
Mr McIntyre explained to the Committee that a breach of the Rule is normally dealt with under the Minor Infringement scheme but, as this was Mr Dalgety’s third breach of the Rule in the past 365 days, an information had been filed as required by Rule 1105A (3) (c).
Submissions for Penalty:
Mr McIntyre said that the penalty prescribed by the Minor Infringement scheme was a fine of $100. He submitted that, this being Mr Dalgety’s third breach of the Rule, a higher fine was appropriate. He submitted that a fine of $200 was appropriate in the circumstances.
Reasons for Penalty:
In determining penalty, the Committee took into account Mr Dalgety’s admission of the breach. However, the Committee noted Mr Dalgety’s poor record and agreed with Mr McIntyre’s submission that the fine in this case needed to reflect this.
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: 4717b1d2c8ba4f02b80e1f3323758272
informantnumber: 69249
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 19/09/2011
hearing_title: NZ Metro TC 16 September 2011 - R 8
charge:
Failure to notify change of gear.
facts:
Information No. 69249 was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Public Trainer, Mr C T Dalgety, alleging that Mr Dalgety, as the trainer of EMMALINE FRANCO in Race 8, Nevele R – Breeders Bonus Scheme Mobile Pace, “failed to present EMMALINE FRANCO with the notified removable earplugs”.
Mr Dalgety had signed the Statement by the Defendant on the information form indicating, firstly, that he admitted the breach and, secondly, that he did not wish to be present at the hearing of the information.
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.
(2) Every horse entered in a totalisator race shall be presented in the assembly area prior to the race in the same notifiable gear as that notified under sub-rule (1).
appealdecision:
isappeal:
submissionsfordecision:
Mr McIntyre informed the Committee that Mr Dalgety had presented EMMALINE FRANCO, trained by him, for Race 8, without the removable ear plugs that had been previously notified.
Mr McIntyre explained to the Committee that a breach of the Rule is normally dealt with under the Minor Infringement scheme but, as this was Mr Dalgety’s third breach of the Rule in the past 365 days, an information had been filed as required by Rule 1105A (3) (c).
reasonsfordecision:
Decision:
Mr Dalgety having admitted the charge, the charge was found proved.
sumissionsforpenalty:
Mr McIntyre said that the penalty prescribed by the Minor Infringement scheme was a fine of $100. He submitted that, this being Mr Dalgety’s third breach of the Rule, a higher fine was appropriate. He submitted that a fine of $200 was appropriate in the circumstances.
reasonsforpenalty:
In determining penalty, the Committee took into account Mr Dalgety’s admission of the breach. However, the Committee noted Mr Dalgety’s poor record and agreed with Mr McIntyre’s submission that the fine in this case needed to reflect this.
penalty:
Mr Dalgety was fined the sum of $200.
hearing_type: Hearing
Rules: 865(2)
Informant: N G McIntyre, Stipendiary Steward
JockeysandTrainer: C T Dalgety, Licensed Public Trainer
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 451ffe63378f31f9bfad1f0a156e23b3
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: bec4e3c5aa4c3977be1557da17f228ae
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 16/09/2011
meet_title: NZ Metro TC - 16 September 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: JPhelan
meet_pm2: none
name: NZ Metro TC