NZ Metro TC – 21 July 2009 –

hearingid: 5ccfb9e76e42b97f02c1f27eed344519

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hearing_racingtype: harness-racing

startdate: 21/07/2009

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hearing_title: NZ Metro TC - 21 July 2009 -

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Following the running of Race 9, Amateur Drivers Supporting Harness Mobile Pace, an information was filed by Stipendiary Steward, Mrs K R Williams, against Licensed Full Amateur Driver, Mr M J Stratford, alleging a breach of Rule 864 (2) (e) in that Mr Stratford “failed to activate the pull down blinds on ONYA COURAGE”.

Following the running of Race 9, Amateur Drivers Supporting Harness Mobile Pace, an information was filed by Stipendiary Steward, Mrs K R Williams, against Licensed Full Amateur Driver, Mr M J Stratford, alleging a breach of Rule 864 (2) (e) in that Mr Stratford “failed to activate the pull down blinds on ONYA COURAGE”.

Mr Stratford was present at the hearing of the information and did not admit the breach.

Rule 864 provides as follows:
(2)  Every horseman, owner, trainer and assistant thereof of a horse shall with regard to that horse  ensure that:-
(e) that all steps are taken to activate gear, appliances or devices which require activation.

Mrs Williams said that ONYA COURAGE also wore removeable earplugs which Mr Stratford was able to activate rounding the final bend. Mr Stratford’s explanation for not activating the pull down blinds was that the horse was running about in the straight. Mrs Williams submitted that the breach was one of strict liability.

Mrs Williams said that it was clear that the horse did run out rounding the final bend but at no stage did Mr Stratford stop driving the horse and attempt to activate the pull down blinds. He did not stop driving the horse at any stage in the run home. She had Mr N M Ydgren, Stipendiary Steward, show a video replay of the final 300-400 metres of the Race. He pointed out that Mr Stratford was able to use his whip 19 times in the run home. He had no trouble driving the horse but made no attempt to activate the pull down blinds. There was no apparent reason that the blinds could not be activated, Mr Ydgren said.

Mr Stratford told the Committee that, prior to the Race, the trainer had warned him to be careful with the horse as it could run in or run out and not to pull it out until the home straight. He said that he was very conscious of that during the Race. Mr Stratford used the video replay and submitted that, after rounding the home bend, the horse ran out, then back in and ran out again near the finishing line. He had decided not to change hands to activate the pull down blinds but rather to “hang on to the reins” and endeavour to keep the horse straight. Mr Stratford freely acknowledged that he had made no attempt to activate the pull down blinds. He took what he thought was the best chance of being in the money, he said. There were horses all round him and he elected to drive the horse out rather than to pause to activate the pull down blinds.

It was clear from the video evidence that Mr Stratford made no attempt to activate the pull down blinds on ONYA COURAGE and he readily admitted that fact before this Committee. The Rule requires that a driver take all steps to activate gear that requires to be activated. This was clearly not the case here and Mr Stratford’s argument, that he made a judgement call in deciding to continue driving the horse out rather than to activate the pull down blinds, is not a defence to the charge. Furthermore, the Committee does not accept that the horse was giving Mr Stratford a difficult drive in the run home. He was required by the Rule to take steps to activate the pull down blinds and clearly he did not do so. The charge was found proved.

Mrs Williams recommended a fine of $100-150.

Mr Stratford asked the Committee to take into account the matters raised by him as a defence to the charge as mitigating factors on penalty.

In the Committee’s view, there were no mitigating factors. Mr Stratford made a conscious decision not to activate the pull down blinds on ONYA COURAGE and, thereby,  deliberately disregarded his obligation as a horseman and there was no merit in his explanation. The breach was at the higher end of the scale and the penalty should reflect that.     

Mr Stratford was fined the sum of $150.         

R G McKenzie
CHAIR
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Rules: 864.2.e

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