Ashburton TC – 1 April 2008 – Race 2

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startdate: 01/04/2008

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decisiondate: no date provided

hearing_title: Ashburton TC - 1 April 2008 - Race 2

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DECISION & REASON

Following the running of race 2 an information was lodged against Mr Morris under Rule 864 (2) (d) alleging that he affixed the ear plugs on his horse, Mighty Open, in a way that they were unable to be activated, despite the efforts of the driver, Mr K Hadfield.

At the outset of the hearing Mr Morris confirmed that he denied the charge and would be making representations to the Committee in respect thereof.

Mr McIntyre said that after the race it was noted that the ear plugs on Mighty Open had not been activated.

Mr Ydgren said that after the race he spoke to Mr Hadfield regarding the non activation of the ear plugs and he advised that he had, on two occasions, attempted to activate the ear plugs but could not do so. 

In response to a question from Mr Morris Mr Ydgren said that he did not himself attempt to activate the ear plugs but relied on the information supplied to him by Mr Hadfield.

Mr Morrissaid that he had fitted the ear plugs correctly and that he had checked them after the horse returned to the stabling area and was of the view that they were fitted correctly. He accepted that Mr Hadfield had attempted to activate them and had been unable to do so but could give no reason for the gear failure.

Mr McIntyre, in questioning Mr Morris, asked if he understood the concept of strict liability. In response he indicated that he did. 

The Committee has given careful consideration to the information supplied to the Committee at the hearing as a matter of fact finds that Mr Hadfield, the driver of Mighty Open, had been unable to activate the ear plugs despite two attempts in doing so.  Given that finding of fact the Committee is of the view that the charge has been found proven and, accordingly, that finding is recorded.

In respect of penalty Mr McIntyre indicated that according to Harness Racing New Zealand’s records Mr Morris had no breaches of the rule over the last 12 months. He was a long time trainer and well respected. A monetary penalty only was sought.

Mr Morris indicated that he believed the penalty should be kept at the lower end of the scale.

The Committee having given consideration to submissions by both parties on penalty is of the view that the appropriate penalty on this occasion is a fine of $100.00 and, accordingly, a fine of that amount is imposed.

…………………………

B Coombes

CHAIRMAN

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hearing_type: Old Hearing

Rules: 864.2.d

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raceid: 8979d839c249c5075e0c898e488275c7

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racecancelled: 0

race_noreport: 0

race_emailed1: 0

race_emailed2: 0

race_title: Race 2

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meetdate: 01/04/2008

meet_title: Ashburton TC - 1 April 2008

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name: Ashburton TC