Non Raceday Inquiry HRNZ v T A Harris 3 December 2009 – decision

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hearing_racingtype: thoroughbred-racing

startdate: 01/01/2001

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hearing_title: Non Raceday Inquiry HRNZ v T A Harris 3 December 2009 - decision

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Decision:

BEFORE A JUDICIAL COMMITTEE
HELD AT PALMERSTON NORTH 

 IN THE MATTER of Information No. 67296

BETWEEN              ROD CARMICHAEL,
Chief Racecourse Inspector for Harness Racing New Zealand
Informant

AND TREVOR A HARRIS,
Licensed Trainer
Defendant

Date of Hearing: Thursday, 3 October, 2009
Venue: Judicial Room, Manawatu Raceway, Palmerston North
Present: Mr R Carmichael (the Informant)
Rule: 821(1) 411(1) 112 (1)
Date of Decision: 4 December 2009

DECISION OF JUDICIAL COMMITTEE
 
Mr Carmichael read the relevant Rules and informed the committee that Mr Harris did understand the rule and had indicated to him he did not wish to be present.

By way of a summary Mr Carmichael told the committee that Mr Harris bred two foals subsequently registered as ‘You Talking To Me’ and ‘Sweet Syrup’.

Copies of the forms on which the markings and brands were recorded was produced.

On 1 May 2008 the horse purporting to be ‘You Talking To Me’ was presented for inspection at Cambridge Raceway.  There were discrepancies with the markings; the brand was incorrectly identified by the examiner.

BEFORE A JUDICIAL COMMITTEE
HELD AT PALMERSTON NORTH 

 IN THE MATTER of Information No. 67296

BETWEEN              ROD CARMICHAEL,
Chief Racecourse Inspector for Harness Racing New Zealand
Informant

AND TREVOR A HARRIS,
Licensed Trainer
Defendant

Date of Hearing: Thursday, 3 October, 2009
Venue: Judicial Room, Manawatu Raceway, Palmerston North
Present: Mr R Carmichael (the Informant)
Rule: 821(1) 411(1) 112 (1)
Date of Decision: 4 December 2009

DECISION OF JUDICIAL COMMITTEE
 
Mr Carmichael read the relevant Rules and informed the committee that Mr Harris did understand the rule and had indicated to him he did not wish to be present.

By way of a summary Mr Carmichael told the committee that Mr Harris bred two foals subsequently registered as ‘You Talking To Me’ and ‘Sweet Syrup’.

Copies of the forms on which the markings and brands were recorded was produced.

On 1 May 2008 the horse purporting to be ‘You Talking To Me’ was presented for inspection at Cambridge Raceway.  There were discrepancies with the markings; the brand was incorrectly identified by the examiner.

On November 2008 the horse purporting to be ‘You Talking To Me’ completed the required qualifying test at Manawatu Raceway. It had been examined at Cambridge and there were no requirement for further physical check.

On 2nd December 2008 the horse purporting to be ‘You Talking To Me’ was entered and started in Race 1 at Manawatu - the horse was unplaced.

Again the same horse started in Race 3 at Manawatu on the 4th December 2008. The horse was unplaced.  Prior to that race a blood test was taken, and the result showed that the brand did not match the official documentation from the database.

Mr Harris, the trainer, was interviewed and believed the correct horse had qualified and raced.  The horse had only been off his property for a few weeks.

The samples taken confirmed that the horse ‘You Talking To Me’ was in fact ‘Sweet Syrup’ and this confirmation was produced as Exhibits from the Equine Parentage and Animal Genetic Service Centre.

The application for a ruling is that:-

1) Horse qualified as ‘You Talking To Me’ be disqualified from the qualifying test at Manawatu on 22/11/08
2) That it be disqualified from Race 1 at Manawatu on 2/12/2008
3) That it be disqualified from Race 3 at Manawatu on 4/12/2008
4) That the appropriate records of Harness Racing NZ be amended accordingly.

The committee, after hearing the summary of facts and taking into account the rules pertaining to this information orders that the horse ‘You Talking To Me’ be disqualified from:-

1) The qualifying Race on 22/11/2008
2) Race 1 Manawatu 2/12/2008
3) Race 3 Manawatu 4/12/2008

and that the records be amended accordingly at Harness Racing New Zealand.

T W Castles          I Smith
Chairman             Committee member
4 December 2009

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