Rangiora HRC 10 November 2017 – R 1 – Chair, Mr D Jackson
ID: JCA13988
Meet Title:
Rangiora HRC - 10 November 2017
Meet Chair:
DJackson
Meet Committee Member 1:
SChing
Race Date:
2017/11/10
Race Number:
R 1
Decision:
As Mr Maynard has admitted this breach of the rules it was found to be proved in accordance with Rule 869(2)(D).
Penalty:
Accordingly, Mr Maynard is fined the sum of $175.
Facts:
This charge would normally be dealt with by way of a minor infringement notice, but Mr Wallis filed an information in this case due to EJA PATRON having to be retired from the event and subsequently declared a non-runner. Mr Wallis submitted that the standard minor infringement notice fine of $100 was insufficient when a horse was forced to be retired from an event due to a crucial piece of gear coming adrift.
Following the running of Race 1, the Bishopdale/Bush Inn TABS and Tavern Harewood Mobile Pace, an Information was filed against amateur horseman, Mr M Maynard, alleging a breach of Rule 864(2)(D), in that he, as a trainer’s assistant, failed to affix the outside front hopple strap on EJA PATRON so as to not to come adrift.
The charge reads as follows:
“You failed to affix the gear on Eja Patron so as not to come adrift causing that runner to lose its chance and be declared a non-runner”.
Rule 864(2)(d) reads as follows:
“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 fixed so as not to malfunction or come adrift.”
The Information was initially filed naming Mr Brad Mowbray, the licensed trainer of EJA PATRON, and Mr Maynard together, but upon consultation with Mr Maynard and with Mr Wallis the Information was amended removing Mr Mowbray’s name on the basis that Mr Maynard himself had accepted responsibility for the gear failure on this occasion as Mr Mowbray’s assistant.
Mr Maynard appeared at the hearing and admitted the charge having also confirmed that he understood the rule he was being charged with and did not require it to be read.
Mr Wallis gave evidence and used video coverage to show that shortly before the start, when travelling behind the mobile barrier arm in its proper barrier position (the outside of the front row), EJA PATRON, driven by Mr Maynard, stepped out of its hopples and entered a gallop from which it did not recover and was retired from the race. Upon closer examination of the video evidence the outside front hopple strap can be seen coming adrift and the hopples falling which has enabled EJA PATRON to step out of its hopples and gallop. Mr Maynard properly pulled the horse up and it took no further part in the event and was subsequently declared by the stewards to be a ‘non-runner”.
Submissions for Penalty:
Mr Wallis submitted that Mr Maynard’s lack of attention to gearing up on this occasion warranted a fine of in excess of $100 because of the consequences of EJA PATRON’s failure, namely its connections were left without a runner in the race, the club would suffer as a result of the late scratching of the favourite in the event and punters too to some extent would suffer as a result of the impact of the late scratching upon dividends and so on. Mr Wallis submitted that a penalty in the range of $200 would be appropriate given the serious consequences outlined.
Mr Maynard submitted that the fine of $200 was too excessive for what was an accident. Mr Maynard conceded that on this occasion, in gearing up, he had not taped the horse’s straps as is his usual practice and that rather than the gear failing or breaking, it had simply come apart because it had not been affixed properly from the outset. Mr Maynard submitted that a fine of less than $200 was appropriate.
Reasons for Penalty:
In determining the penalty, the committee took into consideration Mr Maynard’s good record and his immediate admission of the breach and his honesty before the Committee. We also took into account the fact that a crucial piece of gear had come adrift and that the chances of EJA PATRON were affected with consequences for many including owners, the club and punters.
We will accept Mr Wallis’ submission of a $200 fine as a starting point. For his admission and his good record Mr Maynard will benefit from a discount of $25.
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: 885c0a64c997ee2302c96249dde29a69
informantnumber: A09594
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Gear Malfunction
plea: admitted
penaltyrequired: 1
decisiondate: 13/11/2017
hearing_title: Rangiora HRC 10 November 2017 - R 1 - Chair, Mr D Jackson
charge:
facts:
This charge would normally be dealt with by way of a minor infringement notice, but Mr Wallis filed an information in this case due to EJA PATRON having to be retired from the event and subsequently declared a non-runner. Mr Wallis submitted that the standard minor infringement notice fine of $100 was insufficient when a horse was forced to be retired from an event due to a crucial piece of gear coming adrift.
Following the running of Race 1, the Bishopdale/Bush Inn TABS and Tavern Harewood Mobile Pace, an Information was filed against amateur horseman, Mr M Maynard, alleging a breach of Rule 864(2)(D), in that he, as a trainer’s assistant, failed to affix the outside front hopple strap on EJA PATRON so as to not to come adrift.
The charge reads as follows:
“You failed to affix the gear on Eja Patron so as not to come adrift causing that runner to lose its chance and be declared a non-runner”.
Rule 864(2)(d) reads as follows:
“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 fixed so as not to malfunction or come adrift.”
The Information was initially filed naming Mr Brad Mowbray, the licensed trainer of EJA PATRON, and Mr Maynard together, but upon consultation with Mr Maynard and with Mr Wallis the Information was amended removing Mr Mowbray’s name on the basis that Mr Maynard himself had accepted responsibility for the gear failure on this occasion as Mr Mowbray’s assistant.
Mr Maynard appeared at the hearing and admitted the charge having also confirmed that he understood the rule he was being charged with and did not require it to be read.
Mr Wallis gave evidence and used video coverage to show that shortly before the start, when travelling behind the mobile barrier arm in its proper barrier position (the outside of the front row), EJA PATRON, driven by Mr Maynard, stepped out of its hopples and entered a gallop from which it did not recover and was retired from the race. Upon closer examination of the video evidence the outside front hopple strap can be seen coming adrift and the hopples falling which has enabled EJA PATRON to step out of its hopples and gallop. Mr Maynard properly pulled the horse up and it took no further part in the event and was subsequently declared by the stewards to be a ‘non-runner”.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Maynard has admitted this breach of the rules it was found to be proved in accordance with Rule 869(2)(D).
sumissionsforpenalty:
Mr Wallis submitted that Mr Maynard’s lack of attention to gearing up on this occasion warranted a fine of in excess of $100 because of the consequences of EJA PATRON’s failure, namely its connections were left without a runner in the race, the club would suffer as a result of the late scratching of the favourite in the event and punters too to some extent would suffer as a result of the impact of the late scratching upon dividends and so on. Mr Wallis submitted that a penalty in the range of $200 would be appropriate given the serious consequences outlined.
Mr Maynard submitted that the fine of $200 was too excessive for what was an accident. Mr Maynard conceded that on this occasion, in gearing up, he had not taped the horse’s straps as is his usual practice and that rather than the gear failing or breaking, it had simply come apart because it had not been affixed properly from the outset. Mr Maynard submitted that a fine of less than $200 was appropriate.
reasonsforpenalty:
In determining the penalty, the committee took into consideration Mr Maynard’s good record and his immediate admission of the breach and his honesty before the Committee. We also took into account the fact that a crucial piece of gear had come adrift and that the chances of EJA PATRON were affected with consequences for many including owners, the club and punters.
We will accept Mr Wallis’ submission of a $200 fine as a starting point. For his admission and his good record Mr Maynard will benefit from a discount of $25.
penalty:
Accordingly, Mr Maynard is fined the sum of $175.
hearing_type: Hearing
Rules: 864(2)(D)
Informant: Mr S Wallis - Stipendiary Steward
JockeysandTrainer: Mr M Maynard - Amateur Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 46c9c591c6f0044bcdee17df5e07fbcf
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 9b4c88855696c926fff4ca7f078fac30
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 10/11/2017
meet_title: Rangiora HRC - 10 November 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: rangiora-hrc
meet_racingtype: harness-racing
meet_chair: DJackson
meet_pm1: SChing
meet_pm2: none
name: Rangiora HRC