Archive Decision

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NZ Metro TC – 26 May 2009 – Race 1, Race 3

ID: JCA18341

Hearing Type:
Old Hearing

Rules:
865.2, 1109.1

Hearing Type (Code):
harness-racing

Meet Title:
NZ Metro TC - 26 May 2009

Race Date:
2009/05/26

Race Number:
Race 1

Decision:

Information No. 67644 was filed by Stipendiary Steward, Mr S P Renault, against Licensed Public Trainer, Mr K T Fairbairn, alleging breaches of Rule 865 (2) and the Approved Gear Regulation in that Mr Fairbairn:

--

1.      As the trainer of THE ACTRESS, an acceptor for Race 1, he “failed to submit a notifiable gear form to HRNZ”. The horse wore a removeable hood which had not been notified; and

--

2.      As the trainer of WELSH BEAUTY, an acceptor for Race 3, he “failed to submit a notifiable gear form  to HRNZ”. The horse wore half blinds.

--

 



Information No. 67644 was filed by Stipendiary Steward, Mr S P Renault, against Licensed Public Trainer, Mr K T Fairbairn, alleging breaches of Rule 865 (2) and the Approved Gear Regulation in that Mr Fairbairn:

--

1.      As the trainer of THE ACTRESS, an acceptor for Race 1, he “failed to submit a notifiable gear form to HRNZ”. The horse wore a removeable hood which had not been notified; and

--

2.      As the trainer of WELSH BEAUTY, an acceptor for Race 3, he “failed to submit a notifiable gear form  to HRNZ”. The horse wore half blinds.

--

 

--

Mr Renault informed the Committee that the information had been served on Mr Fairbairn who had elected in the Statement by the Defendant on the information form that he did not admit the breach but, according to Mr Renault, refused to sign the information. The Committee was satisfied that the information had been served on Mr Fairbairn and the hearing proceeded in his absence pursuant to Rule 1109 (1). Mr Fairbairn’s denial of the breach was noted by the Committee.

--

 

--

Rule 865 provides as follows:

--

(2)     A horse may race with different gear from its last start when the owner, trainer or person in control of the horse has notified the change in the manner prescribed in the Approved Gear Regulations. Any such change is to be advised not later than the official time for notification of drivers as specified in the Notification of Drivers Regulations.

--

 

--

Mr Renault informed the Committee that THE ACTRESS had been observed going on to the track for Race 1 wearing a removeable hood. The horse was a first starter and the removeable hood which, in terms of the Regulation was required to be notified, had not been notified to HRNZ.

--

 

--

Mr Renault informed the Committee that WELSH BEAUTY had been observed going on to the track for Race 3 wearing half blinds. The horse was a first starter and the half blinds which, in terms of the Regulation were required to be notified, had not been notified to HRNZ.

--

 

--

The Committee was satisfied that the charges in respect of both horses had been proved and they were found proved accordingly.

--

 

--

Mr Renault recommended a fine of $50 in respect of each horse.

--

 

--

Mr Fairbairn was fined the sum of $100.

--

 

--

R G McKenzie

--

CHAIR

--

67644

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: 02f1a102713fd8bc45111e8a6a0b26a5


informantnumber:


horsename:


hearing_racingtype: harness-racing


startdate: 26/05/2009


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: NZ Metro TC - 26 May 2009 - Race 1, Race 3


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Information No. 67644 was filed by Stipendiary Steward, Mr S P Renault, against Licensed Public Trainer, Mr K T Fairbairn, alleging breaches of Rule 865 (2) and the Approved Gear Regulation in that Mr Fairbairn:

--

1.      As the trainer of THE ACTRESS, an acceptor for Race 1, he “failed to submit a notifiable gear form to HRNZ”. The horse wore a removeable hood which had not been notified; and

--

2.      As the trainer of WELSH BEAUTY, an acceptor for Race 3, he “failed to submit a notifiable gear form  to HRNZ”. The horse wore half blinds.

--

 



Information No. 67644 was filed by Stipendiary Steward, Mr S P Renault, against Licensed Public Trainer, Mr K T Fairbairn, alleging breaches of Rule 865 (2) and the Approved Gear Regulation in that Mr Fairbairn:

--

1.      As the trainer of THE ACTRESS, an acceptor for Race 1, he “failed to submit a notifiable gear form to HRNZ”. The horse wore a removeable hood which had not been notified; and

--

2.      As the trainer of WELSH BEAUTY, an acceptor for Race 3, he “failed to submit a notifiable gear form  to HRNZ”. The horse wore half blinds.

--

 

--

Mr Renault informed the Committee that the information had been served on Mr Fairbairn who had elected in the Statement by the Defendant on the information form that he did not admit the breach but, according to Mr Renault, refused to sign the information. The Committee was satisfied that the information had been served on Mr Fairbairn and the hearing proceeded in his absence pursuant to Rule 1109 (1). Mr Fairbairn’s denial of the breach was noted by the Committee.

--

 

--

Rule 865 provides as follows:

--

(2)     A horse may race with different gear from its last start when the owner, trainer or person in control of the horse has notified the change in the manner prescribed in the Approved Gear Regulations. Any such change is to be advised not later than the official time for notification of drivers as specified in the Notification of Drivers Regulations.

--

 

--

Mr Renault informed the Committee that THE ACTRESS had been observed going on to the track for Race 1 wearing a removeable hood. The horse was a first starter and the removeable hood which, in terms of the Regulation was required to be notified, had not been notified to HRNZ.

--

 

--

Mr Renault informed the Committee that WELSH BEAUTY had been observed going on to the track for Race 3 wearing half blinds. The horse was a first starter and the half blinds which, in terms of the Regulation were required to be notified, had not been notified to HRNZ.

--

 

--

The Committee was satisfied that the charges in respect of both horses had been proved and they were found proved accordingly.

--

 

--

Mr Renault recommended a fine of $50 in respect of each horse.

--

 

--

Mr Fairbairn was fined the sum of $100.

--

 

--

R G McKenzie

--

CHAIR

--

67644


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Old Hearing


Rules: 865.2, 1109.1


Informant:


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: ba21342c93612f7bfddb9ee20923449e


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: Race 1


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 9fac497a1a1d36f56cb343ea2c84b9d5


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 26/05/2009


meet_title: NZ Metro TC - 26 May 2009


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: nz-metro-tc


meet_racingtype: harness-racing


meet_chair:


meet_pm1:


meet_pm2:


name: NZ Metro TC