Archive Decision

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NZ Metro TC 19 April 2014 – R 5

ID: JCA14939

Applicant:
Mr N Ydgren Stipendiary Steward

Respondent(s):
Mr N McGrath Licensed Trainer

Information Number:
A6127

Hearing Type:
Hearing

New Charge:
Failing to notify gear

Rules:
The trainer or person in control of a 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., Rule 865(1)

Plea:
admitted

Meet Title:
NZ Metro TC - 19 April 2014

Meet Chair:
GHall

Meet Committee Member 1:
KHales

Race Date:
2014/04/19

Race Number:
R5

Decision:

We find the charge proved.

Penalty:

Mr McGrath is fined the sum of $175.

Facts:

Mr Mr Ydgren stated that CURLIMORE which was having its first start, was presented with removable deafeners and raced with these. These had not been notified by the official deadline, which was Thursday 17 April at 1 pm.

Mr McGrath admitted the breach and indicated to the stipendiary stewards that he did not wish to be present at the hearing.

Submissions for Penalty:

Mr Ydgren produced the respondent’s record, which evidenced 3 breaches of r 865 this year. The first was on 23 January when the fine was $100, the second was 27 February when the fine was the same, and the third was as recent as 6 April when the fine was $150.

Mr Ydgren submitted that a deterrent penalty was appropriate.

Reasons for Penalty:

Mr McGrath has failed to notify that CURLIMORE would wear deafeners, which he required to do under r 865(1). This is his first breach of this rule but he has 3 recent breaches of a similar rule, r 865(2). We agree that specific deterrence is a consideration in this case. We are aware that Mr McGrath does not have a small team but he and his staff must pay more attention to their obligations under the Rules of Harness Racing. The betting public are entitled to know the gear with which a horse will be racing.

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: 8ebf6a93dd366d52a5b743b9bf5d9556


informantnumber: A6127


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Failing to notify gear


plea: admitted


penaltyrequired: 1


decisiondate: 20/04/2014


hearing_title: NZ Metro TC 19 April 2014 - R 5


charge:


facts:

Mr Mr Ydgren stated that CURLIMORE which was having its first start, was presented with removable deafeners and raced with these. These had not been notified by the official deadline, which was Thursday 17 April at 1 pm.

Mr McGrath admitted the breach and indicated to the stipendiary stewards that he did not wish to be present at the hearing.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

We find the charge proved.


sumissionsforpenalty:

Mr Ydgren produced the respondent’s record, which evidenced 3 breaches of r 865 this year. The first was on 23 January when the fine was $100, the second was 27 February when the fine was the same, and the third was as recent as 6 April when the fine was $150.

Mr Ydgren submitted that a deterrent penalty was appropriate.


reasonsforpenalty:

Mr McGrath has failed to notify that CURLIMORE would wear deafeners, which he required to do under r 865(1). This is his first breach of this rule but he has 3 recent breaches of a similar rule, r 865(2). We agree that specific deterrence is a consideration in this case. We are aware that Mr McGrath does not have a small team but he and his staff must pay more attention to their obligations under the Rules of Harness Racing. The betting public are entitled to know the gear with which a horse will be racing.


penalty:

Mr McGrath is fined the sum of $175.


hearing_type: Hearing


Rules: The trainer or person in control of a 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., Rule 865(1)


Informant: Mr N Ydgren Stipendiary Steward


JockeysandTrainer: Mr N McGrath Licensed Trainer


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: d19a6c2da638fe7743f90eaba19736de


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R5


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: ed06aca4234534e721011f5e391f8b3e


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 19/04/2014


meet_title: NZ Metro TC - 19 April 2014


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: nz-metro-tc


meet_racingtype: harness-racing


meet_chair: GHall


meet_pm1: KHales


meet_pm2: none


name: NZ Metro TC