NZ Metro TC 2 December 2011 – R 5
ID: JCA15589
Meet Title:
NZ Metro TC - 2 December 2011
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2011/12/02
Race Number:
R5
Decision:
As Mr Smith admitted the breach, the charge was found proved.
Penalty:
Mr Smith was fined the sum of $200.
Charge:
Horse presented in incorrect gear.
Facts:
Information No. A5320 was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Public Trainer, Mr G D Smith, alleging that Mr Smith, as the trainer of MAC’S WEE PEA in Race 5, Cromwell Lake Dunstan Pace, “failed to advise that MAC’S WEE PEA would be racing with removable deafeners on”.
Mr Smith was present at the hearing and he indicated that he admitted the breach.
Rule 865 provides as follows:
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).
Submissions for Decision:
Mr Ydgren informed the Committee that Mr Smith had presented and raced MAC’S WEE PEA, trained by him, in Race 5, wearing removable deafeners that had not been previously notified.
Mr Ydgren explained to the Committee that a breach of the Rule is normally dealt with under the Minor Infringement Scheme but, as this was Mr Smith’s fourth breach of the Rule in the past 365 days, an information had been filed as required by Rule 1105A (3) (c).
On 12 December 2010 and 11 January 2011, he had been fined $100 in each case under the Minor Infringement System. On 12 April 2011, he had been fined $200 for a breach of the Rule. Mr Smith would have lined up “a significant number” of horses since that last breach, Mr Ydgren said – 71 since 1 August 2011.
Submissions for Penalty:
Mr Ydgren said that the penalty prescribed by the Minor Infringement System was a fine of $100. He submitted that, this being Mr Smith’s fourth breach of the Rule, a higher fine was appropriate. He submitted that a maximum fine of $200 was appropriate in the circumstances.
Mr Smith said that he accepted that he had breached the Rule but pointed out that it had been 8 months since his last breach. He also submitted that the 71 starters in the current season had been principally in the last 3 months.
Reasons for Penalty:
In determining penalty, the Committee took into account Mr Smith’s admission of the breach but, at the same time, the Committee noted Mr Smith’s poor record. However, taking into account, firstly, Mr Smith’s clear record in the current season and, secondly, that 365 days has almost elapsed since the breach in December last year, the Committee decided that the fine of $200 imposed for the third breach in April this year does not need to be increased for this breach.
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: b80788f126cdb8c686f5c5aa9db2dd20
informantnumber: A5320
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 04/12/2011
hearing_title: NZ Metro TC 2 December 2011 - R 5
charge:
Horse presented in incorrect gear.
facts:
Information No. A5320 was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Public Trainer, Mr G D Smith, alleging that Mr Smith, as the trainer of MAC’S WEE PEA in Race 5, Cromwell Lake Dunstan Pace, “failed to advise that MAC’S WEE PEA would be racing with removable deafeners on”.
Mr Smith was present at the hearing and he indicated that he admitted the breach.
Rule 865 provides as follows:
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).
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren informed the Committee that Mr Smith had presented and raced MAC’S WEE PEA, trained by him, in Race 5, wearing removable deafeners that had not been previously notified.
Mr Ydgren explained to the Committee that a breach of the Rule is normally dealt with under the Minor Infringement Scheme but, as this was Mr Smith’s fourth breach of the Rule in the past 365 days, an information had been filed as required by Rule 1105A (3) (c).
On 12 December 2010 and 11 January 2011, he had been fined $100 in each case under the Minor Infringement System. On 12 April 2011, he had been fined $200 for a breach of the Rule. Mr Smith would have lined up “a significant number” of horses since that last breach, Mr Ydgren said – 71 since 1 August 2011.
reasonsfordecision:
Decision:
As Mr Smith admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Ydgren said that the penalty prescribed by the Minor Infringement System was a fine of $100. He submitted that, this being Mr Smith’s fourth breach of the Rule, a higher fine was appropriate. He submitted that a maximum fine of $200 was appropriate in the circumstances.
Mr Smith said that he accepted that he had breached the Rule but pointed out that it had been 8 months since his last breach. He also submitted that the 71 starters in the current season had been principally in the last 3 months.
reasonsforpenalty:
In determining penalty, the Committee took into account Mr Smith’s admission of the breach but, at the same time, the Committee noted Mr Smith’s poor record. However, taking into account, firstly, Mr Smith’s clear record in the current season and, secondly, that 365 days has almost elapsed since the breach in December last year, the Committee decided that the fine of $200 imposed for the third breach in April this year does not need to be increased for this breach.
penalty:
Mr Smith was fined the sum of $200.
hearing_type: Hearing
Rules: 865(2)
Informant: Mr N M Ydgren - Stipendiary Steward
JockeysandTrainer: Mr G D Smith - Licensed Public Trainer
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 63cc80e14fe7cfb03e1e529ad89254ce
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: 091b843f84d2e20bfd2dfbac1a41aa78
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 02/12/2011
meet_title: NZ Metro TC - 2 December 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: SChing
meet_pm2: none
name: NZ Metro TC