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Auckland TC – 8 December 2004 –

ID: JCA19118

Hearing Type:
Old Hearing

Rules:
858.a

Hearing Type (Code):
harness-racing

Decision: --

An information lodged by Stipendiary Steward Mr J. Muirhead against Mr G. Small trainer of SIR ALISTAIR alleging a breach of Rule 858(a)



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RACE NO: 4 INFORMATION NO: 65388 RULE NO: 858(a)

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An information lodged by Stipendiary Steward Mr J. Muirhead against Mr G. Small trainer of SIR ALISTAIR alleging a breach of the above rule in that he was late presenting the horse in the assembly area. Mr Small admitted the breach and did not wish to be present at the hearing. Mr Muirhead said the Rules required horses to be in the assembly area no later than 12 minutes prior to the commencement of each race and on this occasion SIR ALISTAIR was presented in the assembly area 8 minutes prior to the race start time. Mr Muirhead said that when spoken to about the matter Mr Small displayed a complete lack of concern about the circumstances and threatened to scratch his remaining runners. Mr Muirhead said the usual penalty for a breach of this rule was in the range of $50.00 - $100.00. He recommended a fine of $100.00. He said Mr Small had been fined $50.00 for a breach of this rule on 14/5/04, had been officially warned for a breach of the rule on 22/10/04 and warned again on 3/12/04. Mr Muirhead said there were no mitigating circumstances. Mr Small did not have any horses competing in the previous race.

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PENALTY/DECISION AND REASONS:

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In imposing penalty the committee took into account the following:

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    --
  1. The guilty plea.
    2. --
  2. Mr Small's previous breach of this rule and the two official warnings.
    3. --
  3. The submissions of Mr Muirhead.
    4. --
  4. The comments of Mr Muirhead regarding the attitude of Mr Small towards this Rule.
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In particular the committee were concerned about Mr Small's attitude as reported by Mr Muirhead. The committee interpreted this attitude as being a lack of respect for this particular Rule. The Rule is necessary for the efficient running of race meetings and also for the convenience of oncourse punters. Taking everything into account the committee imposed a fine of $200.00 and advises Mr Small that further breaches of this rule could attract a suspension of his trainer's licence.

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Decision Date: 08/12/2004

Publish Date: 08/12/2004

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: 2cbec68723b0a14c331fc90e7c630ae0

informantnumber:

horsename:

hearing_racingtype: harness-racing

startdate: 08/12/2004

newcharge:

plea:

penaltyrequired:

decisiondate: no date provided

hearing_title: Auckland TC - 8 December 2004 -

charge:

facts:

appealdecision:

isappeal:

submissionsfordecision:

reasonsfordecision:

Decision:

--

An information lodged by Stipendiary Steward Mr J. Muirhead against Mr G. Small trainer of SIR ALISTAIR alleging a breach of Rule 858(a)



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--

RACE NO:

 4 INFORMATION NO: 65388 RULE NO: 858(a)--

--

An information lodged by Stipendiary Steward Mr J. Muirhead against Mr G. Small trainer of SIR ALISTAIR alleging a breach of the above rule in that he was late presenting the horse in the assembly area. Mr Small admitted the breach and did not wish to be present at the hearing. Mr Muirhead said the Rules required horses to be in the assembly area no later than 12 minutes prior to the commencement of each race and on this occasion SIR ALISTAIR was presented in the assembly area 8 minutes prior to the race start time. Mr Muirhead said that when spoken to about the matter Mr Small displayed a complete lack of concern about the circumstances and threatened to scratch his remaining runners. Mr Muirhead said the usual penalty for a breach of this rule was in the range of $50.00 - $100.00. He recommended a fine of $100.00. He said Mr Small had been fined $50.00 for a breach of this rule on 14/5/04, had been officially warned for a breach of the rule on 22/10/04 and warned again on 3/12/04. Mr Muirhead said there were no mitigating circumstances. Mr Small did not have any horses competing in the previous race.

--

--

PENALTY/DECISION AND REASONS:

--

In imposing penalty the committee took into account the following:

--
    --
  1. The guilty plea.
    2. --
  2. Mr Small's previous breach of this rule and the two official warnings.
    3. --
  3. The submissions of Mr Muirhead.
    4. --
  4. The comments of Mr Muirhead regarding the attitude of Mr Small towards this Rule.
--

In particular the committee were concerned about Mr Small's attitude as reported by Mr Muirhead. The committee interpreted this attitude as being a lack of respect for this particular Rule. The Rule is necessary for the efficient running of race meetings and also for the convenience of oncourse punters. Taking everything into account the committee imposed a fine of $200.00 and advises Mr Small that further breaches of this rule could attract a suspension of his trainer's licence.

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hearing_type: Old Hearing

Rules: 858.a

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