Archive Decision

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NZ Metro TC 21 October 2011 – R 3

ID: JCA17689

Applicant:
NG McIntyre - Stipendiary Steward

Respondent(s):
NR McGrath - Licensed Public Trainer

Information Number:
A5452

Hearing Type:
Hearing

Rules:
865 (2)

Plea:
admitted

Meet Title:
NZ Metro TC - 21 October 2011

Meet Chair:
RMcKenzie

Meet Committee Member 1:
JPhelan

Race Date:
2011/10/21

Race Number:
R3

Decision:

Mr McGrath having admitted the breach, the charge was found proved. 

Penalty:

Mr McGrath was fined the sum of $200. 

Charge:

Horse presented in incorrect gear

Facts:

Following the running of Race 3, Clarkson Sign Studio Pace, an information was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Public Trainer, Mr N R McGrath, alleging a breach of Rule 865 (2) in that Mr McGrath, as the trainer of DEMOCRACY in the race, failed to advise that DEMOCRACY would not be presented with a pacifier.

Mr McGrath had signed the Statement by the Respondent on the information form indicating that he admitted the breach. Mr McIntyre informed the Committee that Mr McGrath did not wish to be present at the hearing of the information.

Rule 865 (2) 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 McIntyre said that Mr McGrath had presented DEMOCRACY, trained by him, in Race 4 without the pacifier that had been notified.

Mr McIntyre said that the offence was one included in the Minor Infringement System. However, Mr McGrath had two previous breaches of Rule 865 on his record – both at Rangiora HRC on 30 March 2011 – within the preceding period of 365 days. For that reason, an information was filed pursuant to Rule 1105A (3) (c).

Submissions for Penalty:

Mr McIntyre submitted that a fine of $200 was appropriate. 

Reasons for Penalty:

In determining penalty, the Committee had regard to Mr McGrath’s admission of the breach. The Committee noted that the penalty prescribed by the Minor Infringement System for a breach of Rule 865 is a fine of $100. The penalty for a third breach of the Rule has to increase.  

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: df8662edba9c74249946e0462ab58a7a


informantnumber: A5452


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 11/10/2011


hearing_title: NZ Metro TC 21 October 2011 - R 3


charge:

Horse presented in incorrect gear


facts:

Following the running of Race 3, Clarkson Sign Studio Pace, an information was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Public Trainer, Mr N R McGrath, alleging a breach of Rule 865 (2) in that Mr McGrath, as the trainer of DEMOCRACY in the race, failed to advise that DEMOCRACY would not be presented with a pacifier.

Mr McGrath had signed the Statement by the Respondent on the information form indicating that he admitted the breach. Mr McIntyre informed the Committee that Mr McGrath did not wish to be present at the hearing of the information.

Rule 865 (2) 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 McIntyre said that Mr McGrath had presented DEMOCRACY, trained by him, in Race 4 without the pacifier that had been notified.

Mr McIntyre said that the offence was one included in the Minor Infringement System. However, Mr McGrath had two previous breaches of Rule 865 on his record – both at Rangiora HRC on 30 March 2011 – within the preceding period of 365 days. For that reason, an information was filed pursuant to Rule 1105A (3) (c).


reasonsfordecision:


Decision:

Mr McGrath having admitted the breach, the charge was found proved. 


sumissionsforpenalty:

Mr McIntyre submitted that a fine of $200 was appropriate. 


reasonsforpenalty:

In determining penalty, the Committee had regard to Mr McGrath’s admission of the breach. The Committee noted that the penalty prescribed by the Minor Infringement System for a breach of Rule 865 is a fine of $100. The penalty for a third breach of the Rule has to increase.  


penalty:

Mr McGrath was fined the sum of $200. 


hearing_type: Hearing


Rules: 865 (2)


Informant: NG McIntyre - Stipendiary Steward


JockeysandTrainer: NR McGrath - Licensed Public Trainer


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 7ff1be9e5df51b70afafa60821db417c


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R3


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: c7b40edfa9c325301df45f9ccd7b5cde


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 21/10/2011


meet_title: NZ Metro TC - 21 October 2011


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: nz-metro-tc


meet_racingtype: harness-racing


meet_chair: RMcKenzie


meet_pm1: JPhelan


meet_pm2: none


name: NZ Metro TC