Banks Peninsula TC 17 February 2012 – R 2
ID: JCA17927
Meet Title:
Banks Peninsula TC - 17 February 2012
Meet Chair:
JPhelan
Meet Committee Member 1:
RMcKenzie
Race Date:
2012/02/17
Race Number:
R 2
Decision:
On resuming the hearing we advised the parties of our decision, as set out above, and that the charge was dismissed.
Charge:
Alleged late notification of driver.
Facts:
Stipendiary Steward Mr S. W. Wallis filed an information against Licensed Trainer Mr R. B. Ward alleging a breach of the Notification of Drivers Regulation. It was alleged that Mr Ward, the trainer of “Bon Jovi” (2), which started in Race 2, the Momentum Business Solutions Mobile Pace, failed to notify a driver by the required time.
The charge reads as follows:
“I the above named informant allege that the above named Respondent committed a breach of the Notification of Drivers Reg. (in that) Mr Ward failed to declare an available driver for “Bon Jovi” by the prescribed time.”
Clause (1) of the Notification of Drivers Regulation provides as follows:
“(1) The following regulation is made by the Executive pursuant to the Rules of Harness Racing. It shall be a condition of acceptance for starting in every race at any club’s race meeting, and expressly provided in the programme of such meeting, that every person who enters a horse for a race shall, not later than 1.00pm two days prior to the meeting, except for Sunday which is three days prior, notify the secretary of the club the name of the driver engaged to drive any horse in the said races which is: (a) Having its first start at a meeting on which the totalisator operates, or (b) In any case where the driver is changed from the person who drove the horse at its preceding start unless otherwise exempted by the Executive.”
Mr Ward had indicated on the information that he did not admit this breach, and he confirmed this at the hearing. Mr Ward 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)(b) requires that an Information be filed when the person charged does not admit the breach.
Submissions for Decision:
The facts of this matter were not in dispute. Mr K. M. Barron had driven “Bon Jovi” in its most recent starts and both Mr Ward and Mr Barron expected that this would be the case today. At the Addington races last night Mr Barron became aware that today was a twilight meeting, and that “Bon Jovi’s” race was to start at 3-00pm. As he had commitments at the Auckland races tonight he informed Mr Ward that he would be unable to drive his horse.
Mr Ward then approached Mr R. D. Holmes who said that he did not have a drive in this race, and would take the drive. What Mr Holmes had overlooked was that he had agreed to drive “Serquet” in this race, but as that horse was the 3rd emergency he did not expect it to start. In fact “Serquet” did gain re-entry to the field, and Mr Holmes then advised Mr Ward that he could not drive his horse. A late driving change had to be made today.
We adjourned to consider our decision.
Reasons for Decision:
After carefully considering the facts of this matter we were satisfied that, through a combination of unusual circumstances, there were two changes of driver for Mr Ward’s horse, “Bon Jovi”.
We were satisfied that Mr Ward left Mr Barron as driver of his horse, and that Mr Barron intended to take the drive. At a late stage last evening Mr Barron became aware that he could not take the drive because of the late start (3-00pm) today.
A replacement driver, Mr R. D. Holmes, was arranged last night. However it was found at scratching time today that Mr Holmes did have a drive, on the 3rd ballot, and a further driver change was then necessary.
It is difficult to imagine what else Mr Ward could have done to fulfil his obligation under the Notification of Drivers Regulation. Twice he had engaged a suitable driver only to have them withdraw for good reasons. Our finding was that there were exceptional circumstances in this case and that the charge should be dismissed.
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: d8550d0ab1a9d2f74bc7c368ea292807
informantnumber: A5601
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 0
decisiondate: 14/02/2012
hearing_title: Banks Peninsula TC 17 February 2012 - R 2
charge:
Alleged late notification of driver.
facts:
Stipendiary Steward Mr S. W. Wallis filed an information against Licensed Trainer Mr R. B. Ward alleging a breach of the Notification of Drivers Regulation. It was alleged that Mr Ward, the trainer of “Bon Jovi” (2), which started in Race 2, the Momentum Business Solutions Mobile Pace, failed to notify a driver by the required time.
The charge reads as follows:
“I the above named informant allege that the above named Respondent committed a breach of the Notification of Drivers Reg. (in that) Mr Ward failed to declare an available driver for “Bon Jovi” by the prescribed time.”
Clause (1) of the Notification of Drivers Regulation provides as follows:
“(1) The following regulation is made by the Executive pursuant to the Rules of Harness Racing. It shall be a condition of acceptance for starting in every race at any club’s race meeting, and expressly provided in the programme of such meeting, that every person who enters a horse for a race shall, not later than 1.00pm two days prior to the meeting, except for Sunday which is three days prior, notify the secretary of the club the name of the driver engaged to drive any horse in the said races which is: (a) Having its first start at a meeting on which the totalisator operates, or (b) In any case where the driver is changed from the person who drove the horse at its preceding start unless otherwise exempted by the Executive.”
Mr Ward had indicated on the information that he did not admit this breach, and he confirmed this at the hearing. Mr Ward 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)(b) requires that an Information be filed when the person charged does not admit the breach.
appealdecision:
isappeal:
submissionsfordecision:
The facts of this matter were not in dispute. Mr K. M. Barron had driven “Bon Jovi” in its most recent starts and both Mr Ward and Mr Barron expected that this would be the case today. At the Addington races last night Mr Barron became aware that today was a twilight meeting, and that “Bon Jovi’s” race was to start at 3-00pm. As he had commitments at the Auckland races tonight he informed Mr Ward that he would be unable to drive his horse.
Mr Ward then approached Mr R. D. Holmes who said that he did not have a drive in this race, and would take the drive. What Mr Holmes had overlooked was that he had agreed to drive “Serquet” in this race, but as that horse was the 3rd emergency he did not expect it to start. In fact “Serquet” did gain re-entry to the field, and Mr Holmes then advised Mr Ward that he could not drive his horse. A late driving change had to be made today.
We adjourned to consider our decision.
reasonsfordecision:
After carefully considering the facts of this matter we were satisfied that, through a combination of unusual circumstances, there were two changes of driver for Mr Ward’s horse, “Bon Jovi”.
We were satisfied that Mr Ward left Mr Barron as driver of his horse, and that Mr Barron intended to take the drive. At a late stage last evening Mr Barron became aware that he could not take the drive because of the late start (3-00pm) today.
A replacement driver, Mr R. D. Holmes, was arranged last night. However it was found at scratching time today that Mr Holmes did have a drive, on the 3rd ballot, and a further driver change was then necessary.
It is difficult to imagine what else Mr Ward could have done to fulfil his obligation under the Notification of Drivers Regulation. Twice he had engaged a suitable driver only to have them withdraw for good reasons. Our finding was that there were exceptional circumstances in this case and that the charge should be dismissed.
Decision:
On resuming the hearing we advised the parties of our decision, as set out above, and that the charge was dismissed.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Hearing
Rules: 1002(1)(b)
Informant: Mr S W Wallis -Stipendiary Steward
JockeysandTrainer: Mr R B Ward - Licensed Trainer
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 15b9ee03a4582dd61029947f48f2100e
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: f06209090a40aff30c8000e3f0a4257e
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 17/02/2012
meet_title: Banks Peninsula TC - 17 February 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: banks-peninsula-tc
meet_racingtype: harness-racing
meet_chair: JPhelan
meet_pm1: RMcKenzie
meet_pm2: none
name: Banks Peninsula TC