NZ Metro TC 8 November 2011 – R 4
ID: JCA13392
Meet Title:
NZ Metro TC - 8 November 2011
Meet Chair:
JPhelan
Meet Committee Member 1:
RMcKenzie
Race Date:
2011/11/08
Race Number:
R 4
Decision:
As Messrs Purdon and Payne had admitted this breach it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
Messrs Purdon and Payne were fined the sum of $300-00.
Charge:
Alleged gear change without notification.
Facts:
Stipendiary Steward Mr N. G. McIntyre filed an information against Licensed Trainers Mr M. Purdon and Mr G. R. Payne alleging a breach of Rule 865(2). It was alleged that as the trainers of “Major Mark” (3), which started in Race 4, the RICOH Free-For-All, they presented their horse to race without the notified blinds.
The charge reads as follows.
“I the abovenamed informant allege that the abovenamed Respondent committed a breach of Rule 865(2) (in that) “Major Mark” was presented to race without the notified blinds.”
Rule 865(2) reads as follows.
“(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).”
On behalf of the trainers Ms Rasmussen had indicated on the Information that this breach of the Rules was admitted and also that she did not wish to attend the hearing.
Submissions for Decision:
Mr McIntyre gave evidence regarding the non-notification of this gear change as set out in the Information.
Submissions for Penalty:
In relation to penalty Mr McIntyre advised that a breach of Rule 865(2) was usually dealt with under the Minor Infringement Notice system. However, this was the Respondents’ sixth breach of this Rule within the past 365 days, and under the provisions of Rule 1105A(3)(c) it was necessary to file an Information on this occasion. The previous breaches had resulted in fines of $100-00 each for the first two breaches dealt with under the Minor Infringement Notice system. The next three breaches each resulted in a fine of $200-00.
The previous breach by the Respondents was on 24 October 2011when they were fined $200-00. On that occasion they were warned that if there were any further breaches a heavier penalty would be sought. Mr McIntyre made submissions that a fine of $300-00 should be imposed for this breach.
Reasons for Penalty:
In considering the matter of an appropriate penalty we took into account that the breach was admitted, but also that it was the Respondents’ sixth breach of this Rule in the last twelve months. This is an unacceptable record. The amount submitted by the Mr McIntyre is fair and we decided that a fine of $300-00 should be imposed in this case.
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: 6c5f75b6ad5f7058d5f82aa6f33722ef
informantnumber: A1016
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 04/11/2011
hearing_title: NZ Metro TC 8 November 2011 - R 4
charge:
Alleged gear change without notification.
facts:
Stipendiary Steward Mr N. G. McIntyre filed an information against Licensed Trainers Mr M. Purdon and Mr G. R. Payne alleging a breach of Rule 865(2). It was alleged that as the trainers of “Major Mark” (3), which started in Race 4, the RICOH Free-For-All, they presented their horse to race without the notified blinds.
The charge reads as follows.
“I the abovenamed informant allege that the abovenamed Respondent committed a breach of Rule 865(2) (in that) “Major Mark” was presented to race without the notified blinds.”
Rule 865(2) reads as follows.
“(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).”
On behalf of the trainers Ms Rasmussen had indicated on the Information that this breach of the Rules was admitted and also that she did not wish to attend the hearing.
appealdecision:
isappeal:
submissionsfordecision:
Mr McIntyre gave evidence regarding the non-notification of this gear change as set out in the Information.
reasonsfordecision:
Decision:
As Messrs Purdon and Payne had admitted this breach it was found to be proved in accordance with Rule 1111(1)(d).
sumissionsforpenalty:
In relation to penalty Mr McIntyre advised that a breach of Rule 865(2) was usually dealt with under the Minor Infringement Notice system. However, this was the Respondents’ sixth breach of this Rule within the past 365 days, and under the provisions of Rule 1105A(3)(c) it was necessary to file an Information on this occasion. The previous breaches had resulted in fines of $100-00 each for the first two breaches dealt with under the Minor Infringement Notice system. The next three breaches each resulted in a fine of $200-00.
The previous breach by the Respondents was on 24 October 2011when they were fined $200-00. On that occasion they were warned that if there were any further breaches a heavier penalty would be sought. Mr McIntyre made submissions that a fine of $300-00 should be imposed for this breach.
reasonsforpenalty:
In considering the matter of an appropriate penalty we took into account that the breach was admitted, but also that it was the Respondents’ sixth breach of this Rule in the last twelve months. This is an unacceptable record. The amount submitted by the Mr McIntyre is fair and we decided that a fine of $300-00 should be imposed in this case.
penalty:
Messrs Purdon and Payne were fined the sum of $300-00.
hearing_type: Hearing
Rules: 865(2)
Informant: Mr NG McIntyre - Stipendiary Steward
JockeysandTrainer: Messrs M Purdon and GR Payne - Licensed Trainers
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: c3b96143a8b1ab16e9878cbcc0d49601
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: ddac6b2b022673d033e412219c63d1e6
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 08/11/2011
meet_title: NZ Metro TC - 8 November 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: JPhelan
meet_pm1: RMcKenzie
meet_pm2: none
name: NZ Metro TC