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NZ Metro TC 23 April 2011 – R 1

ID: JCA13644

Applicant:
Mr N. M. Ydgren - Stipendiary Steward

Respondent(s):
Mr G. P. Hope - Licensed Trainer, Mrs N. M. Hope - Licensed Trainer

Information Number:
69455

Hearing Type:
Hearing

Rules:
Rule 865(2)

Plea:
admitted

Meet Title:
NZ Metro TC - 23 April 2011

Meet Chair:
JPhelan

Meet Committee Member 1:
RMcKenzie

Meet Committee Member 2:
SChing

Race Date:
2011/04/23

Race Number:
R1

Decision:

The charge was found to be proved.

Penalty:

On resuming the hearing we advised the parties that Mr and Mrs Hope were fined the sum of $200.

Charge:

Alleged gear change without notification.

Facts:

Stipendiary Steward Mr N. M. Ydgren filed an information against Licensed Trainers Mr G. P. and Mrs N. M. Hope alleging a breach of Rule 865(2). It was alleged that Mr and Mrs Hope, the trainers of “Strathcullen” (6), which started in Race 1, the PGG Wrightson Ltd Mobile Pace, presented their horse into the assembly area with a removable hood which had not been notified.

The charge reads as follows.
“I the abovenamed informant allege that the abovenamed Defendant committed a breach of Rule 865(2) in that G. and N. Hope failed to advise that Strathcullen would be racing with a removable hood.”
 
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).”

Mr Hope had indicated on the Information that this breach of the Rules was admitted, and he also agreed that he understood the charge and the Rule it was brought under.

Submissions for Decision:

Stipendiary Steward Mr Wallis gave evidence regarding the non-notification of this gear change as set out in the Information.
 
 Mr Hope explained that this horse had only been trained by them for about two weeks, and that they had tried to find out what gear it was supposed to wear, but had got it wrong.

Reasons for Decision:

As Mr and Mrs Hope had admitted this breach it was found to be proved in accordance with Rule 1111(1)(d).

Submissions for Penalty:

In relation to penalty Mr Wallis advised that a breach of Rule 865(2) was usually dealt with under the Minor Infringement Notice system. However, this was Mr and Mrs Hope’s third breach of this Rule in the last 12 months, and under the provisions of Rule 1105A(3)(c) it was necessary to file an Information on this occasion. As this was Mr and Mrs Hope’s third breach of this Rule in the last 12 months Mr Wallis submitted that a fine of $200 should be imposed in this case.

Mr Hope had no relevant submissions to make with regard to penalty.

We adjourned to consider the matter of penalty.

Reasons for Penalty:

In considering the matter of an appropriate penalty we took into account that this was Mr and Mrs Hope’s third conviction under this Rule in the previous 12 months. This is an unacceptable record by Mr and Mrs Hope, and we were satisfied that the amount recommended by the Stipendiary Stewards was fair and we decided that a fine of $200 would be appropriate 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: 52faba71a26c6a988a4d8bacf21e3eed

informantnumber: 69455

horsename:

hearing_racingtype:

startdate: no date provided

newcharge:

plea: admitted

penaltyrequired: 1

decisiondate: 14/04/2011

hearing_title: NZ Metro TC 23 April 2011 - R 1

charge:

Alleged gear change without notification.

facts:

Stipendiary Steward Mr N. M. Ydgren filed an information against Licensed Trainers Mr G. P. and Mrs N. M. Hope alleging a breach of Rule 865(2). It was alleged that Mr and Mrs Hope, the trainers of “Strathcullen” (6), which started in Race 1, the PGG Wrightson Ltd Mobile Pace, presented their horse into the assembly area with a removable hood which had not been notified.

The charge reads as follows.
“I the abovenamed informant allege that the abovenamed Defendant committed a breach of Rule 865(2) in that G. and N. Hope failed to advise that Strathcullen would be racing with a removable hood.”
 
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).”

Mr Hope had indicated on the Information that this breach of the Rules was admitted, and he also agreed that he understood the charge and the Rule it was brought under.

appealdecision:

isappeal:

submissionsfordecision:

Stipendiary Steward Mr Wallis gave evidence regarding the non-notification of this gear change as set out in the Information.
 
 Mr Hope explained that this horse had only been trained by them for about two weeks, and that they had tried to find out what gear it was supposed to wear, but had got it wrong.

reasonsfordecision:

As Mr and Mrs Hope had admitted this breach it was found to be proved in accordance with Rule 1111(1)(d).

Decision:

The charge was found to be proved.

sumissionsforpenalty:

In relation to penalty Mr Wallis advised that a breach of Rule 865(2) was usually dealt with under the Minor Infringement Notice system. However, this was Mr and Mrs Hope’s third breach of this Rule in the last 12 months, and under the provisions of Rule 1105A(3)(c) it was necessary to file an Information on this occasion. As this was Mr and Mrs Hope’s third breach of this Rule in the last 12 months Mr Wallis submitted that a fine of $200 should be imposed in this case.

Mr Hope had no relevant submissions to make with regard to penalty.

We adjourned to consider the matter of penalty.

reasonsforpenalty:

In considering the matter of an appropriate penalty we took into account that this was Mr and Mrs Hope’s third conviction under this Rule in the previous 12 months. This is an unacceptable record by Mr and Mrs Hope, and we were satisfied that the amount recommended by the Stipendiary Stewards was fair and we decided that a fine of $200 would be appropriate in this case.

penalty:

On resuming the hearing we advised the parties that Mr and Mrs Hope were fined the sum of $200.

hearing_type: Hearing

Rules: Rule 865(2)

Informant: Mr N. M. Ydgren - Stipendiary Steward

JockeysandTrainer: Mr G. P. Hope - Licensed Trainer, Mrs N. M. Hope - Licensed Trainer

Otherperson:

PersonPresent:

Respondent:

StipendSteward:

raceid: cc30fe6b8102c2b7b27815fc8f9594f4

race_expapproval:

racecancelled: 0

race_noreport: 0

race_emailed1: 0

race_emailed2: 0

race_title: R1

submittochair:

race_expappcomment:

race_km:

race_otherexp:

race_chair:

race_pm1:

race_pm2:

meetid: 9ce62f150f012408adb6bbec4d1c49a5

meet_expapproval: approved

meet_noreport: 0

waitingforpublication: 0

meet_emailed1: 0

meet_emailed2: 0

meetdate: 23/04/2011

meet_title: NZ Metro TC - 23 April 2011

meet_expappcomment:

meet_km: [{"Comment": [], "MemberRole": "Panel member 2 ", "MemberID": "SChing", "Member": "", "OtherExpenses": "0", "KMs": "0", "Total": "0.0", "kmprice": 0.0, "Approved": "on"}]

meet_otherexp:

tracklocation: nz-metro-tc

meet_racingtype: harness-racing

meet_chair: JPhelan

meet_pm1: RMcKenzie

meet_pm2: SChing

name: NZ Metro TC