Archive Decision

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Winton HRC 19 March 2011 – R 8

ID: JCA17699

Applicant:
CJ Allison

Respondent(s):
Miss TCM Sherborne - assitant stablehand CHRISTIAN RULER

Other Person:
Miss J Malcolm - assistant stablehand CHRISTIAN RULER, Mr BG Barclay - horseman of CHRISTIAN RULER

Information Number:
68864

Hearing Type:
Hearing

Rules:
864(2)(d)

Plea:
denied

Meet Title:
Winton HRC - 19 March 2011

Meet Chair:
NSkelt

Meet Committee Member 1:
ADennis

Race Date:
2011/03/19

Race Number:
R 8

Decision:

On this occasion the committee has used its discretion and has not upheld the breach of the rule.

Charge:

At the conclusion of race 8 the New Zealand Steel Mobile Pace an information (68864) was lodged by Stipendiary Steward Mr C J Allison alleging under rule 864(2)(d) that during the running of the race the carrier strap on Christian Ruler (B G Barclay) came adrift causing Christian Ruler to break.

Miss Sherborne did not admit the breach.

Facts:

Mr Allison showed the committee several video clips of the alleged incident highlighting the horse Christian Ruler going into a break shortly after the winning post on the first occasion free of interference.

Mr Allison stated that it was unusual for the incident to occur particularly as the horses racing gear was new.
Mr Allison also stated that Mr Barclay had advised him on his return to the birdcage that the carrier strap had broken and caused his horse to break.

Submissions for Decision:

Mr Barclay (Horseman of Christian Ruler) stated that the tape may have come off in the preliminary and that all other three straps had tape on them.

Mr Barclay said that the horse was second of third favourite and that it was a freak accident and clearly there was no proof whether as to who or what was responsible.

Miss Malcolm (Stable Hand) stated that they always tape their horses and that the hobbles were brand new.

Miss Sherborne (Stable Hand) stated that it had never happened before in her years of training and that she was positive that all four straps had been taped she was also of the opinion that the tape must have come off during the preliminary.

Reasons for Decision:

The committee was not satisfied that there was sufficient proof or strict liability on Miss Sherborne’s behalf in this instance.

Clearly the hobbles were brand new and there was sufficient doubt surrounding the taping procedures that did or did not take place.

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: e0c87d1db949dfce4478d88a917ae01c


informantnumber: 68864


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: denied


penaltyrequired: 0


decisiondate: 24/02/2011


hearing_title: Winton HRC 19 March 2011 - R 8


charge:

At the conclusion of race 8 the New Zealand Steel Mobile Pace an information (68864) was lodged by Stipendiary Steward Mr C J Allison alleging under rule 864(2)(d) that during the running of the race the carrier strap on Christian Ruler (B G Barclay) came adrift causing Christian Ruler to break.

Miss Sherborne did not admit the breach.


facts:

Mr Allison showed the committee several video clips of the alleged incident highlighting the horse Christian Ruler going into a break shortly after the winning post on the first occasion free of interference.

Mr Allison stated that it was unusual for the incident to occur particularly as the horses racing gear was new.
Mr Allison also stated that Mr Barclay had advised him on his return to the birdcage that the carrier strap had broken and caused his horse to break.


appealdecision:


isappeal:


submissionsfordecision:

Mr Barclay (Horseman of Christian Ruler) stated that the tape may have come off in the preliminary and that all other three straps had tape on them.

Mr Barclay said that the horse was second of third favourite and that it was a freak accident and clearly there was no proof whether as to who or what was responsible.

Miss Malcolm (Stable Hand) stated that they always tape their horses and that the hobbles were brand new.

Miss Sherborne (Stable Hand) stated that it had never happened before in her years of training and that she was positive that all four straps had been taped she was also of the opinion that the tape must have come off during the preliminary.


reasonsfordecision:

The committee was not satisfied that there was sufficient proof or strict liability on Miss Sherborne’s behalf in this instance.

Clearly the hobbles were brand new and there was sufficient doubt surrounding the taping procedures that did or did not take place.


Decision:

On this occasion the committee has used its discretion and has not upheld the breach of the rule.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Hearing


Rules: 864(2)(d)


Informant: CJ Allison


JockeysandTrainer: Miss TCM Sherborne - assitant stablehand CHRISTIAN RULER


Otherperson: Miss J Malcolm - assistant stablehand CHRISTIAN RULER, Mr BG Barclay - horseman of CHRISTIAN RULER


PersonPresent:


Respondent:


StipendSteward:


raceid: 4c4c40199b9f97db250bf57f6815e3c9


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 8


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: e8c720a63619e38e5db1b51d096675b6


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 19/03/2011


meet_title: Winton HRC - 19 March 2011


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: winton-hrc


meet_racingtype: harness-racing


meet_chair: NSkelt


meet_pm1: ADennis


meet_pm2: none


name: Winton HRC