Archive Decision

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Cambridge-Te Awamutu HRC (inc.) 31 May 2011

ID: JCA14128

Applicant:
Mr T Taumanu - Stipendiary Steward

Respondent(s):
Mr M Gibbs - Trainer

Information Number:
67302

Hearing Type:
Hearing

Rules:
Harness Racing NZ Regulations - Mudguards

Plea:
admitted

Meet Title:
Cambridge - Te Awamutu HRC - 31 May 2011

Meet Chair:
GJones

Meet Committee Member 1:
BScott

Race Date:
2011/05/31

Race Number:
R1

Decision:

Mr Gibbs admitted the breach of the Regulation. It is therefore proven.

Penalty:

In consideration of the above matters the committee imposes a fine of $50 and recommends that Harness NZ consider including breaches of this Regulation within the Minor Infringement System. 

Charge:

The information alleged that "Trainer M Gibbs failed to apply mudguards when directed by the Stipendiary Stewards". 

Facts:

Mr Muirhead appeared on behalf of the informant.  He advised the Judicial Committee that Mr Gibbs presented ICONIC KATE in the assembly area prior to Race 1 without mudguards fitted to the sulky.  Mr Muirhead stated that a directive was issued prior to the commencement of the days racing, due to the inclement weather that mudguards must be used.  This directive was announced on course and within hearing of the stabling area.  

The relevant Regulation Provides:

In the event of inclement conditions, the Stipendiary Steward shall have the sole power to direct the use of mudguards in any race or races on a day or nights programme.  Such directive is to be announced on course.  Mudguards shall be of a type approved by the Executive. 

  

Submissions for Penalty:

Mr Muirhead submitted that Mr Gibbs has not previously breached this Regulation and recommended a fine of $50. 

Mr Gibbs elected not to be present at the hearing.  He did not exercise his right to provide any explanantion, nor did he submit any mitigating factors for the consideration of the committee. 

Reasons for Penalty:

In affixing penalty the committee were unable to identify any previous breaches of this rule and noted that it was not included in the Minor Infringement Schedule.  The committee assessed the breach as being at the lower end of the scale and took into account Mr Gibbs good record and his early plea. 

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: 9b352985a0b2ba124803a8405c21be3b


informantnumber: 67302


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 25/05/2011


hearing_title: Cambridge-Te Awamutu HRC (inc.) 31 May 2011


charge:

The information alleged that "Trainer M Gibbs failed to apply mudguards when directed by the Stipendiary Stewards". 


facts:

Mr Muirhead appeared on behalf of the informant.  He advised the Judicial Committee that Mr Gibbs presented ICONIC KATE in the assembly area prior to Race 1 without mudguards fitted to the sulky.  Mr Muirhead stated that a directive was issued prior to the commencement of the days racing, due to the inclement weather that mudguards must be used.  This directive was announced on course and within hearing of the stabling area.  

The relevant Regulation Provides:

In the event of inclement conditions, the Stipendiary Steward shall have the sole power to direct the use of mudguards in any race or races on a day or nights programme.  Such directive is to be announced on course.  Mudguards shall be of a type approved by the Executive. 

  


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr Gibbs admitted the breach of the Regulation. It is therefore proven.


sumissionsforpenalty:

Mr Muirhead submitted that Mr Gibbs has not previously breached this Regulation and recommended a fine of $50. 

Mr Gibbs elected not to be present at the hearing.  He did not exercise his right to provide any explanantion, nor did he submit any mitigating factors for the consideration of the committee. 


reasonsforpenalty:

In affixing penalty the committee were unable to identify any previous breaches of this rule and noted that it was not included in the Minor Infringement Schedule.  The committee assessed the breach as being at the lower end of the scale and took into account Mr Gibbs good record and his early plea. 


penalty:

In consideration of the above matters the committee imposes a fine of $50 and recommends that Harness NZ consider including breaches of this Regulation within the Minor Infringement System. 


hearing_type: Hearing


Rules: Harness Racing NZ Regulations - Mudguards


Informant: Mr T Taumanu - Stipendiary Steward


JockeysandTrainer: Mr M Gibbs - Trainer


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: efe73ca9fb543cc5e324a9b0b8f064bc


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: 825bf12ae7ac53eb055955f0878b3601


meet_expapproval: approved


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 31/05/2011


meet_title: Cambridge - Te Awamutu HRC - 31 May 2011


meet_expappcomment:


meet_km: [{"Comment": [], "MemberRole": "Panel member 1 ", "MemberID": "BScott", "Member": "", "OtherExpenses": "0", "KMs": "223", "Total": "138.26", "kmprice": 138.25999999999999, "Approved": "on"}, {"Comment": [], "MemberRole": "Chair ", "MemberID": "GJones", "Member": "", "OtherExpenses": "0", "KMs": "270", "Total": "167.4", "kmprice": 167.40000000000001, "Approved": "on"}]


meet_otherexp:


tracklocation: cambridge-te-awamutu-hrc


meet_racingtype: harness-racing


meet_chair: GJones


meet_pm1: BScott


meet_pm2: none


name: Cambridge - Te Awamutu HRC