Westport TC 26 December 2018 – R 5 – Chair, Mr S Ching
ID: JCA13945
Meet Title:
Westport TC - 26 December 2018
Meet Chair:
SChing
Meet Committee Member 1:
DAnderson
Race Date:
2018/12/26
Race Number:
R5
Decision:
As Mr Mills had admitted the breach, we found the charge proved.
Penalty:
Mr Mills was fined the sum of $200.
Facts:
Following the running of Race 5, the Property Brokers Mobile Pace, an Information was filed by Stipendiary Steward, Mr S Wallis against Owner and person in charge of horse, Mr BD Mills. alleging a breach of Rule 864(2)(d) in that he failed to affix the side carrier on the hopples so as not to come adrift.
Rule 869(2)(d) reads as follows:
(2) Every horseman, owner, trainer and assistant thereof of a horse shall with regard to that horse ensure that:
(d) all gear is correctly applied and/or affixed so as not to malfunction or come adrift;
Mr Mills had indicated on the Information that the charge was admitted. Mr Mills had also endorsed the information that he did not wish to be present at the hearing. This was confirmed by Mr Wallis.
Mr Wallis gave evidence and used video coverage to show that approaching the 500m, PAY ME WELL, was racing 3 back on the pylons. He pointed out the hind middle hopple carrier on PAY ME WELL come adrift and as a result wrapped itself around the hind leg of the horse. As a consequence, PAY ME WELL galloped, causing resultant checks to BETTERTHANKATY, who was racing on the outside and FINAL DELIGHT who was in the trail, with both runners losing momentum at a crucial part of the race.
Submissions for Penalty:
Mr Wallis stated that Mr Mills was an owner of the horse and as the person in charge of the horse, responsible for the breach. He also stated that normally a breach of this rule was dealt with under the Minor Infringement Notice system with a first offence being a fine of $100 but due to the consequences of the gear coming adrift, being the interference to 2 runners at a crucial part of the race, submitted that a uplift in penalty was warranted.
Mr Wallis said that there were historical penalties of $200 for similar circumstances for a breach of this rule and submitted that a fine of $200.
Reasons for Penalty:
In determining penalty the Committee noted that a breach of this rule was usually dealt with by a Minor Infringement Notice, with a fine of $100 being imposed. The Committee determined that in this case there were aggravating factors to consider, which were the consequences to the 2 other runners, whose chances were affected. We also researched previous penalties under this rule and discovered other penalties where interference to other runners had occurred due to gear not being affixed correctly. With these breaches, a $200 fine was imposed. We determined for sake of consistency, that a fine of $200, was an appropriate penalty 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: 837fee15a80c0c36c4e79df71547f5df
informantnumber: A10822
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Gear Malfunction
plea: admitted
penaltyrequired: 1
decisiondate: 28/12/2018
hearing_title: Westport TC 26 December 2018 - R 5 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 5, the Property Brokers Mobile Pace, an Information was filed by Stipendiary Steward, Mr S Wallis against Owner and person in charge of horse, Mr BD Mills. alleging a breach of Rule 864(2)(d) in that he failed to affix the side carrier on the hopples so as not to come adrift.
Rule 869(2)(d) reads as follows:
(2) Every horseman, owner, trainer and assistant thereof of a horse shall with regard to that horse ensure that:
(d) all gear is correctly applied and/or affixed so as not to malfunction or come adrift;
Mr Mills had indicated on the Information that the charge was admitted. Mr Mills had also endorsed the information that he did not wish to be present at the hearing. This was confirmed by Mr Wallis.
Mr Wallis gave evidence and used video coverage to show that approaching the 500m, PAY ME WELL, was racing 3 back on the pylons. He pointed out the hind middle hopple carrier on PAY ME WELL come adrift and as a result wrapped itself around the hind leg of the horse. As a consequence, PAY ME WELL galloped, causing resultant checks to BETTERTHANKATY, who was racing on the outside and FINAL DELIGHT who was in the trail, with both runners losing momentum at a crucial part of the race.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Mills had admitted the breach, we found the charge proved.
sumissionsforpenalty:
Mr Wallis stated that Mr Mills was an owner of the horse and as the person in charge of the horse, responsible for the breach. He also stated that normally a breach of this rule was dealt with under the Minor Infringement Notice system with a first offence being a fine of $100 but due to the consequences of the gear coming adrift, being the interference to 2 runners at a crucial part of the race, submitted that a uplift in penalty was warranted.
Mr Wallis said that there were historical penalties of $200 for similar circumstances for a breach of this rule and submitted that a fine of $200.
reasonsforpenalty:
In determining penalty the Committee noted that a breach of this rule was usually dealt with by a Minor Infringement Notice, with a fine of $100 being imposed. The Committee determined that in this case there were aggravating factors to consider, which were the consequences to the 2 other runners, whose chances were affected. We also researched previous penalties under this rule and discovered other penalties where interference to other runners had occurred due to gear not being affixed correctly. With these breaches, a $200 fine was imposed. We determined for sake of consistency, that a fine of $200, was an appropriate penalty in this case.
penalty:
Mr Mills was fined the sum of $200.
hearing_type: Hearing
Rules: 864(2)(d)
Informant: Mr S Wallis - Stipendiary Steward
JockeysandTrainer: Mr BD Mills - (Owner) Person in charge of horse Delete
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: ab22a01f122c5d0dfcbc1203bc40a961
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: a01b681e8651e25bb5464f59b72073bc
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 26/12/2018
meet_title: Westport TC - 26 December 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: westport-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: DAnderson
meet_pm2: none
name: Westport TC