Stratford TC 13 February 2011 – R 5
ID: JCA14613
Meet Title:
Stratford TC - 13 February 2011
Meet Chair:
ISmith
Meet Committee Member 1:
TUtikere
Race Date:
2011/02/13
Race Number:
R 5
Decision:
The committee find the charge proved.
Penalty:
The committee impose a fine of $125.
Charge:
Following race five an information was lodged alleging that Trainer F Mitchell presented El Heartland to race with Half Blinds instead of the notified Pull Down Blinds.
RULE 865(1) The trainer or person in control of the horse shall give notice, in the manner prescribed in the Approved Gear Regulations, of the notifiable gear to be worn by a horse in a totalisator race no later than the official deadline for the notification of drivers at the race meeting in which a horse is entered.
(2) Every horse entered in a totalisator race shall be presented in the assembly area prior to the race in the same notifiable gear as that notified under sub – rule (1).
The rule was read and understood by Mr Mitchell.
Facts:
Mr Muirhead informed the committee Mr Mitchell was to receive a minor infringement notice for presenting El Heartland to race with Half Blinds instead of the notified Pull Down Blinds. Mr Mitchell denied the breach, so an information was filed.
Submissions for Decision:
Mr Vankan confirmed to the committee he was on duty in the parade ring for race 5, where Mr Mitchell presented El Heartland in Half Blinds instead of Pull Down Blinds. Mr Vankan also presented to the committee a computer print out from Harness Racing New Zealand confirming El Heartland to race in Pull Down Blinds.
Mr Muirhead confirmed he also had gone on line to double check and the website had El Heartland to race in Pull Down Blinds not Half Blinds.
Mr Mitchell said he has had this horse since last April and went onto the internet to see what the horse was wearing, and was under the impression that he saw Half Blinds. Mr Mitchell stated he had told both Mr Muirhead and Mr Vankan “exactly what I thought I had seen on the internet so I am not saying I didn’t see it, and not saying I did, but I was under the impression I did see the horse was wearing Half Blinds, otherwise I would have put Pull Down Blinds on her I would not have put something on her I knew was wrong, at the end of the day it was a legitimate mistake that it was Half Blinds”.
Reasons for Decision:
The committee in reaching their decision have taken into account the evidence presented by both parties. The printed evidence from Harness Racing New Zealand and the internet sightings viewed by Mr Muirhead confirming El Heartland to wear Pull Down Blinds, far outweigh the evidence presented by Mr Mitchell, that “he thought he had seen”, and also his admission “ it was a legitimate mistake that it was half blinds”.
Submissions for Penalty:
Mr Muirhead suggested not admitted cases, from a minor infringement notice for a first offence of $100 have been up to $150.
Mr Mitchell suggested $50.
Reasons for Penalty:
Mr Mitchell as the trainer failed to present his horse in the notified gear.
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: 9a2374ca39ed4b791d6b0e2967b483f9
informantnumber: 69420
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 1
decisiondate: 09/02/2011
hearing_title: Stratford TC 13 February 2011 - R 5
charge:
Following race five an information was lodged alleging that Trainer F Mitchell presented El Heartland to race with Half Blinds instead of the notified Pull Down Blinds.
RULE 865(1) The trainer or person in control of the horse shall give notice, in the manner prescribed in the Approved Gear Regulations, of the notifiable gear to be worn by a horse in a totalisator race no later than the official deadline for the notification of drivers at the race meeting in which a horse is entered.
(2) Every horse entered in a totalisator race shall be presented in the assembly area prior to the race in the same notifiable gear as that notified under sub – rule (1).
The rule was read and understood by Mr Mitchell.
facts:
Mr Muirhead informed the committee Mr Mitchell was to receive a minor infringement notice for presenting El Heartland to race with Half Blinds instead of the notified Pull Down Blinds. Mr Mitchell denied the breach, so an information was filed.
appealdecision:
isappeal:
submissionsfordecision:
Mr Vankan confirmed to the committee he was on duty in the parade ring for race 5, where Mr Mitchell presented El Heartland in Half Blinds instead of Pull Down Blinds. Mr Vankan also presented to the committee a computer print out from Harness Racing New Zealand confirming El Heartland to race in Pull Down Blinds.
Mr Muirhead confirmed he also had gone on line to double check and the website had El Heartland to race in Pull Down Blinds not Half Blinds.
Mr Mitchell said he has had this horse since last April and went onto the internet to see what the horse was wearing, and was under the impression that he saw Half Blinds. Mr Mitchell stated he had told both Mr Muirhead and Mr Vankan “exactly what I thought I had seen on the internet so I am not saying I didn’t see it, and not saying I did, but I was under the impression I did see the horse was wearing Half Blinds, otherwise I would have put Pull Down Blinds on her I would not have put something on her I knew was wrong, at the end of the day it was a legitimate mistake that it was Half Blinds”.
reasonsfordecision:
The committee in reaching their decision have taken into account the evidence presented by both parties. The printed evidence from Harness Racing New Zealand and the internet sightings viewed by Mr Muirhead confirming El Heartland to wear Pull Down Blinds, far outweigh the evidence presented by Mr Mitchell, that “he thought he had seen”, and also his admission “ it was a legitimate mistake that it was half blinds”.
Decision:
The committee find the charge proved.
sumissionsforpenalty:
Mr Muirhead suggested not admitted cases, from a minor infringement notice for a first offence of $100 have been up to $150.
Mr Mitchell suggested $50.
reasonsforpenalty:
Mr Mitchell as the trainer failed to present his horse in the notified gear.
penalty:
The committee impose a fine of $125.
hearing_type: Hearing
Rules: 865(2)
Informant: J Muirhead - Stipendiary Steward
JockeysandTrainer: F Mitchell
Otherperson: B Vankan - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 38e7260b3fa40bd3f8e4b8534de20f12
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: c904db9bda59f8a09b09f160c3367b5b
meet_expapproval: approved
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 13/02/2011
meet_title: Stratford TC - 13 February 2011
meet_expappcomment:
meet_km: [{"Comment": [], "MemberRole": "Panel member 1 ", "MemberID": "TUtikere", "Member": "", "OtherExpenses": "0", "KMs": "400", "Total": "248.0", "kmprice": 248.0, "Approved": "on"}]
meet_otherexp:
tracklocation: stratford-tc
meet_racingtype: harness-racing
meet_chair: ISmith
meet_pm1: TUtikere
meet_pm2: none
name: Stratford TC