Non Raceday Inquiry RIU v W G Coles 5 September 2012 – Decision dated 10 September 2012

hearingid: 78d498c74d5ce1f3f8e03780d9efcd63

informantnumber: A5631

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decisiondate: 05/09/2012

hearing_title: Non Raceday Inquiry RIU v W G Coles 5 September 2012 - Decision dated 10 September 2012

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appealdecision: NO LINKED APPEAL DECISION

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Decision:

RACEDAY JUDICIAL COMMITTEE DECISION
Informant:  S W Wallis - Stipendiary Steward
Respondent:  W G Coles - Licensed Trainer (Class A)
Information No:  A5631
Meeting:
Date:  5 September 2012
Venue:  Phar Lap Raceway, Timaru
Race:
Rule No:  610 (2) (a)
Judicial Committee:  R G McKenzie, Chairman – J Millar, Committee Member
Plea:  Admitted

FACTS:

Information No. A5631 was filed by Stipendiary Steward, Mr S W Wallis, against Licensed Trainer (Class A), Mr W G Coles, alleging a breach of Rule 610 (2) (a) in that, on the 5th day of September 2012, Mr Coles “rode trackwork at the Phar Lap Raceway, Timaru, without a body protector”.

Mr Coles had signed the Statement by the Respondent at the foot of the information form indicating that he admitted the breach. He had also endorsed on the information form and signed it “I do not wish to be present”.

The hearing of the charge took place at the meeting of Ashburton Racing Club at Ashburton Racecourse on Friday, 7 September. A signed letter of permission pursuant to Rule 903 (2) (d) was produced to the Committee.

Rule 610 provides as follows:

(2) A Rider shall, when mounted on a horse, wear:

(a) a properly fastened body protector of a type and standard approved by NZTR, which shall be in a satisfactory condition and shall have attached to it a manufacturer’s label that states that it complies with the relevant type and standard approved by NZTR.

“Rider” is defined in Rule 104 as including “any person who rides or presents himself to ride a horse in trackwork”.

SUBMISSION(S):

Mr M R Davidson, Stipendiary Steward, told the Committee that he was appearing on behalf of the Informant. He said that, on 5 September last, Stipendiary Steward, Mr S W Wallis, was attending a harness trials meeting at the Phar Lap Raceway, Timaru. Mr Wallis there observed Mr Coles riding a horse and leading another while not wearing a body protector. When spoken to, Mr Coles freely admitted the breach. He subsequently signed the information form and was advised by Mr Wallis of his right to appear at the hearing of the charge. Mr Davidson said that Mr Coles was “adamant” that he did not wish to appear.

Mr Davidson explained that Mr Coles was the Track Manager at the Phar Lap Raceway and was present at the track for the harness trials. He was asked to work a couple of horses and agreed to do so. He was concerned to work the horses prior to the harness trials commencing and, simply, overlooked putting on a body protector. He did, however, wear a skull cap, Mr Davidson said.

DECISION:

Mr Coles having admitted the breach, the charge was found proved.

PENALTY SUBMISSIONS:

Mr Davidson informed the Committee that Mr Coles had a good record. He was always cooperative with Stewards and “good to deal with”. It was of concern, however, that as Track Manager Mr Coles should be setting an example to others.

Mr Davidson submitted that a fine in the range of $300-400 was appropriate.

PENALTY REASONS:

The Committee noted that the Penalty Guide gave a starting point for a breach of the Rule of an $800 fine. However, in the Committee’s view, a penalty of that magnitude should be reserved for the very worst cases. This was not one of the worst cases. Mitigating factors were Mr Coles’ prompt admission of the breach and his previous good record. The Committee also had regard to the fact that failing to wear a body protector while riding trackwork is a less serious breach than failing to wear one during a race or trial.

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Mr Coles was fined the sum of $300.

R G McKenzie        J Millar
CHAIRMAN        COMMITTEE MEMBER

hearing_type: Non-race day

Rules: 610(2)(a)

Informant: Mr S W Wallis - Stipendiary Steward

JockeysandTrainer:

Otherperson:

PersonPresent: Mr M R Davidson - Stipendiary Steward

Respondent: Mr W G Coles - Licensed Trainer (Class A)

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