Marlborough HRC 13 January 2013 – R 11
ID: JCA14438
Meet Title:
Marlborough HRC - 13 January 2013
Meet Chair:
PWilliams
Meet Committee Member 1:
KHales
Race Date:
2013/01/13
Race Number:
R 11
Decision:
As Mr Robertson admitted the breach the charge was found proved.
Penalty:
Mr Robertson is fined $180.
Charge:
Gear incorrectly applied.
Facts:
Following the running of race 11, Information A4959 was filed by Stipendiary Steward Mr N Ydgren under Rule 864 (2) (d). The information stated “P Robertson as the trainer of Fear Flying failed to affix the side carrier on the near side hopple so as not to come adrift. This horse was pulled up as a result”.
It was explained to Mr Robertson that breaches of Rule 864(2)(d) were normally dealt with by the issuing of a Minor Infringement Notice. However, on this occasion the Stipendiary Stewards had decided to file an Information in terms of Rule 1105A(2).
Rule 864(4)(d) states:- “Every horseman, owner, trainer and assistant thereof of a horse shall with regard to that horse ensure that all gear is correctly applied and/or affixed so as not to malfunction or come adrift”.
Rule 1105A(2) states:- “Where a Stipendiary Steward or Racecourse Inspector considers that a Licensed person’s first or second breach of one or more of the Rules set out in the Minor Infringement Regulations is of such significance that a more substantial penalty than the amount of the fine specified for the relevant rule in the Minor Infringement Regulations is warranted for that breach, then despite sub-Rule (1) above the Stipendiary Steward or Racecourse Inspector may proceed by filing an Information with the Judicial Committee in respect of that breach in the normal manner contemplated in rule 1114”.
Mr Robertson confirmed to the Committee that he admitted the breach and understood the above Rules.
Submissions for Decision:
Mr Ydgren used the head-on film of the start to identify “Fear Flying” begin to pace roughly just as the mobile arm pulled way at the start of the race. He said the side carrier strap on the near side hopple had come adrift and as result the horse was pulled up and retired from the race. Mr Ydgren said had the horse been able to continue and complete the race the charge would probably have been brought as a Minor Infringement. However, because the horse had been pulled up and not finished the race the penalty should be more than the $100 fine specified in the Minor Infringement Schedule.
Mr Robertson confirmed he had not taped up the carrier strap under the buckle to ensure it could not come undone. He said it was carelessness on his part and he simply forgot to put the tape on.
Submissions for Penalty:
Mr Ydgren said this was an unfortunate error on Mr Robertson’s part but the connections of the horse and those who had backed it, even though it was the second outsider in the field, had been adversely affected. He said Mr Robertson had not previously breached this Rule and the Stipendiary Stewards believed the fine should be more than the $100 specified in the Minor Infringement Regulations and consistent with the penalty that had been given earlier in the day to another trainer following a similar breach of Rule 864(2)(d).
Mr Robertson had no comment to make other than to say it was his first broken gear offence in his 40 years in the industry.
Reasons for Penalty:
The Committee has reviewed the film of the incident, noted all the submissions made and also that Mr Robertson has never previously breached this Rule. Mr Robertson, to his credit, has readily admitted his carelessness in not taping up the buckle on the side carrier strap. However, this carelessness has had unfortunate consequences for the owner of the horse and those who backed it.
This is the second time today an Information has been lodged under this Rule in which a penalty higher than that specified in the Minor Infringement Regulations has been sought.
The Committee believes that, because of the significant impact of Mr Robertson’s failure to tape up the buckle on the side carrier strap, a fine greater than $100 is an appropriate penalty on this occasion. The Committee is also of the view that any penalty should be consistent with the penalty imposed earlier in the day for an identical breach of the Rule.
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: 83312fa13c5019e2f4fdb3fa9190bf02
informantnumber: A4959
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 18/12/2012
hearing_title: Marlborough HRC 13 January 2013 - R 11
charge:
Gear incorrectly applied.
facts:
Following the running of race 11, Information A4959 was filed by Stipendiary Steward Mr N Ydgren under Rule 864 (2) (d). The information stated “P Robertson as the trainer of Fear Flying failed to affix the side carrier on the near side hopple so as not to come adrift. This horse was pulled up as a result”.
It was explained to Mr Robertson that breaches of Rule 864(2)(d) were normally dealt with by the issuing of a Minor Infringement Notice. However, on this occasion the Stipendiary Stewards had decided to file an Information in terms of Rule 1105A(2).
Rule 864(4)(d) states:- “Every horseman, owner, trainer and assistant thereof of a horse shall with regard to that horse ensure that all gear is correctly applied and/or affixed so as not to malfunction or come adrift”.
Rule 1105A(2) states:- “Where a Stipendiary Steward or Racecourse Inspector considers that a Licensed person’s first or second breach of one or more of the Rules set out in the Minor Infringement Regulations is of such significance that a more substantial penalty than the amount of the fine specified for the relevant rule in the Minor Infringement Regulations is warranted for that breach, then despite sub-Rule (1) above the Stipendiary Steward or Racecourse Inspector may proceed by filing an Information with the Judicial Committee in respect of that breach in the normal manner contemplated in rule 1114”.
Mr Robertson confirmed to the Committee that he admitted the breach and understood the above Rules.
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren used the head-on film of the start to identify “Fear Flying” begin to pace roughly just as the mobile arm pulled way at the start of the race. He said the side carrier strap on the near side hopple had come adrift and as result the horse was pulled up and retired from the race. Mr Ydgren said had the horse been able to continue and complete the race the charge would probably have been brought as a Minor Infringement. However, because the horse had been pulled up and not finished the race the penalty should be more than the $100 fine specified in the Minor Infringement Schedule.
Mr Robertson confirmed he had not taped up the carrier strap under the buckle to ensure it could not come undone. He said it was carelessness on his part and he simply forgot to put the tape on.
reasonsfordecision:
Decision:
As Mr Robertson admitted the breach the charge was found proved.
sumissionsforpenalty:
Mr Ydgren said this was an unfortunate error on Mr Robertson’s part but the connections of the horse and those who had backed it, even though it was the second outsider in the field, had been adversely affected. He said Mr Robertson had not previously breached this Rule and the Stipendiary Stewards believed the fine should be more than the $100 specified in the Minor Infringement Regulations and consistent with the penalty that had been given earlier in the day to another trainer following a similar breach of Rule 864(2)(d).
Mr Robertson had no comment to make other than to say it was his first broken gear offence in his 40 years in the industry.
reasonsforpenalty:
The Committee has reviewed the film of the incident, noted all the submissions made and also that Mr Robertson has never previously breached this Rule. Mr Robertson, to his credit, has readily admitted his carelessness in not taping up the buckle on the side carrier strap. However, this carelessness has had unfortunate consequences for the owner of the horse and those who backed it.
This is the second time today an Information has been lodged under this Rule in which a penalty higher than that specified in the Minor Infringement Regulations has been sought.
The Committee believes that, because of the significant impact of Mr Robertson’s failure to tape up the buckle on the side carrier strap, a fine greater than $100 is an appropriate penalty on this occasion. The Committee is also of the view that any penalty should be consistent with the penalty imposed earlier in the day for an identical breach of the Rule.
penalty:
Mr Robertson is fined $180.
hearing_type: Hearing
Rules: 864(2)(d)
Informant: Mr N Ydgren - Stipendiary Steward
JockeysandTrainer: Mr P Robertson - Licensed Trainer of FEAR FLYING
Otherperson: Mr S Renault - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: faa8a47403a39f516807c944c46b108d
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 11
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 46213cf5516a66f18fc31cd007bee62c
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 13/01/2013
meet_title: Marlborough HRC - 13 January 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: marlborough-hrc
meet_racingtype: harness-racing
meet_chair: PWilliams
meet_pm1: KHales
meet_pm2: none
name: Marlborough HRC