NZ Metro TC 22 July 2011 – R 6
ID: JCA15706
Meet Title:
NZ Metro TC - 22 July 2011
Meet Chair:
JPhelan
Meet Committee Member 1:
SChing
Race Date:
2011/07/22
Race Number:
R6
Decision:
As Mr Dunn had admitted this breach it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
Mr Dunn was fined the sum of $100-00.
Charge:
Alleged gear change without notification.
Facts:
Stipendiary Steward Mr N. M. Ydgren filed an information against Licensed Trainer Mr R. J. Dunn alleging a breach of Rule 865(2). It was alleged that Mr Dunn, the trainer of “Arjuna” (2), which started in Race 6, the Coca-Cola Amatil NZ Ltd – Addington Claimers Championship (Heat 2) Mobile Pace, presented his horse into the assembly area without the notified woollen blinds.
The charge reads as follows.
“I the abovenamed informant allege that the abovenamed Defendant committed a breach of Rule 865(2) in that you failed to notify your horse “Arjuna” would be presented without the notified woollen blinds. “Arjuna” was presented with half blinds which had not been notified to HRNZ.”
Rule 865(2) reads 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).”
Mr J. R. Dunn represented his father in this matter, and he had indicated on the Information that this breach of the Rules was admitted, and he also agreed that he understood the charge and the Rule it was brought under.
A breach of this Rule would usually be dealt with under the Minor Infringement System, but Rule 1105A(3)(c) requires that an Information be filed when the person charged has committed two or more breaches of this Rule within the previous 365 days. Mr Dunn agreed that there had been three previous breaches in that period, namely on 31 August, and 12 and 21 October 2010.
Submissions for Decision:
Mr Ydgren gave evidence regarding the non-notification of this gear change as set out in the Information. This was detected by Stipendiary Steward Mr Wallis prior to the race.
Mr Dunn said that he had originally geared “Arjuna” up correctly, but then had doubts that he had the correct gear applied, and he changed it. When this breach was detected he asked Mr Wallis what the fine would be, and was told $100-00, which was not necessarily correct, as Mr Wallis was not aware at that time of the previous breaches of this rule. On this basis Mr Dunn decided not to change the gear back, as this would have reduced the time available to warm the horse up.
Submissions for Penalty:
In relation to penalty Mr Ydgren submitted that Mr Dunn should have been more aware of his responsibilities. It was also pointed out that the previous breaches were 9 – 11 months ago, and that Mr Dunn is a very busy trainer having had 447 starters so far this season.
Mr Dunn had no submissions to make regarding penalty.
We adjourned to consider the matter of penalty.
Reasons for Penalty:
In considering the matter of an appropriate penalty we took into account that this was Mr Dunn’s fourth breach of this Rule in the previous 365 days. We also took into account that the breach was admitted, and the three previous breaches were quite some time ago, there having been no relevant breaches in the last 9 months. The circumstances of the breach were also unusual. We decided that a fine of $100-00 would be imposed in this case.
JCA Decision Fields (raw)
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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: c5a9c73ee76938aa768ac7cfbfe1b490
informantnumber: 69544
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 21/07/2011
hearing_title: NZ Metro TC 22 July 2011 - R 6
charge:
Alleged gear change without notification.
facts:
Stipendiary Steward Mr N. M. Ydgren filed an information against Licensed Trainer Mr R. J. Dunn alleging a breach of Rule 865(2). It was alleged that Mr Dunn, the trainer of “Arjuna” (2), which started in Race 6, the Coca-Cola Amatil NZ Ltd – Addington Claimers Championship (Heat 2) Mobile Pace, presented his horse into the assembly area without the notified woollen blinds.
The charge reads as follows.
“I the abovenamed informant allege that the abovenamed Defendant committed a breach of Rule 865(2) in that you failed to notify your horse “Arjuna” would be presented without the notified woollen blinds. “Arjuna” was presented with half blinds which had not been notified to HRNZ.”
Rule 865(2) reads 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).”
Mr J. R. Dunn represented his father in this matter, and he had indicated on the Information that this breach of the Rules was admitted, and he also agreed that he understood the charge and the Rule it was brought under.
A breach of this Rule would usually be dealt with under the Minor Infringement System, but Rule 1105A(3)(c) requires that an Information be filed when the person charged has committed two or more breaches of this Rule within the previous 365 days. Mr Dunn agreed that there had been three previous breaches in that period, namely on 31 August, and 12 and 21 October 2010.
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren gave evidence regarding the non-notification of this gear change as set out in the Information. This was detected by Stipendiary Steward Mr Wallis prior to the race.
Mr Dunn said that he had originally geared “Arjuna” up correctly, but then had doubts that he had the correct gear applied, and he changed it. When this breach was detected he asked Mr Wallis what the fine would be, and was told $100-00, which was not necessarily correct, as Mr Wallis was not aware at that time of the previous breaches of this rule. On this basis Mr Dunn decided not to change the gear back, as this would have reduced the time available to warm the horse up.
reasonsfordecision:
Decision:
As Mr Dunn had admitted this breach it was found to be proved in accordance with Rule 1111(1)(d).
sumissionsforpenalty:
In relation to penalty Mr Ydgren submitted that Mr Dunn should have been more aware of his responsibilities. It was also pointed out that the previous breaches were 9 – 11 months ago, and that Mr Dunn is a very busy trainer having had 447 starters so far this season.
Mr Dunn had no submissions to make regarding penalty.
We adjourned to consider the matter of penalty.
reasonsforpenalty:
In considering the matter of an appropriate penalty we took into account that this was Mr Dunn’s fourth breach of this Rule in the previous 365 days. We also took into account that the breach was admitted, and the three previous breaches were quite some time ago, there having been no relevant breaches in the last 9 months. The circumstances of the breach were also unusual. We decided that a fine of $100-00 would be imposed in this case.
penalty:
Mr Dunn was fined the sum of $100-00.
hearing_type: Hearing
Rules: Rule 865(2)
Informant: Mr N. M. Ydgren - Stipendiary Steward
JockeysandTrainer: Mr R. J. Dunn - Licensed Trainer
Otherperson: Mr J.R. Dunn - Open Horseman respresenting Mr RJ Dunn
PersonPresent:
Respondent:
StipendSteward:
raceid: 87a3b9a31dd299746a8f969a2b6f1036
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 655c6a2fb85c222bde174d7532c26452
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 22/07/2011
meet_title: NZ Metro TC - 22 July 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: JPhelan
meet_pm1: SChing
meet_pm2: none
name: NZ Metro TC