Nelson HRC – 10 January 2010 – Race 7
ID: JCA19726
Hearing Type (Code):
harness-racing
Meet Title:
Nelson HRC - 10 January 2010
Race Date:
2010/01/10
Race Number:
Race 7
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
--Information No. 68285
Meeting Nelson Harness Racing Club at Richmond Park, Nelson
Date Sunday 10 January 2010
Judicial Committee Chairman : P H M Welch Panel Member : P Williams
Race 7
Rule 864 (2) (d)
Plea Not Admitted
Informant : Mr S P Renault, Stipendiary Steward
Defendant : Mr K Ford, Trainer of UNO ALICE
Following the running of race 7, the NJ Business Services/Anchor Press Handicap, an information was lodged against Mr K Ford, the trainer of horse no. 6, UNO ALICE, alleging a breach of Rule 864 (2) (d) in that only one of the pull down blinds activated on the horse, which stewards deem a gear malfunction.
--
RACEDAY JUDICIAL COMMITTEE DECISION
--Information No. 68285
Meeting Nelson Harness Racing Club at Richmond Park, Nelson
Date Sunday 10 January 2010
Judicial Committee Chairman : P H M Welch Panel Member : P Williams
Race 7
Rule 864 (2) (d)
Plea Not Admitted
Informant : Mr S P Renault, Stipendiary Steward
Defendant : Mr K Ford, Trainer of UNO ALICE
Following the running of race 7, the NJ Business Services/Anchor Press Handicap, an information was lodged against Mr K Ford, the trainer of horse no. 6, UNO ALICE, alleging a breach of Rule 864 (2) (d) in that only one of the pull down blinds activated on the horse, which stewards deem a gear malfunction.
--Mr Ford denied the breach.
--Presenting his evidence, Mr Renault advised that, after being placed 2nd in the event, UNO ALICE returned to the birdcage with only one pull down blind down – one having activated and the other not. Driver, Clint Ford, so advised the stewards, as he was required to do.
--Mr Renault then referred to the film of the run home, and it showed one blind down, with the inside blind still up and failing to activate. He said this was a matter of strict liability and, accordingly, the charge was laid.
--In response, Mr Ford acknowledged that the blind failed to activate and said, if it were his fault or it was damaged gear, he would pay the fine. However, he said it was new gear, and in good condition, and the reason it didn’t come down was because of the (torrential) conditions they were racing in. He explained that some wet grit had got in one side and prevented the blind from coming down.
--He said they had been affixed correctly, that they were working well before the horse went out, and they are working afterwards, and he did not see how he could be held responsible for the blinds not working because of the weather conditions out on the track.
--To the committee, Mr Renault said that, when advised by the driver, Mr Clint Ford, there was nothing obvious to prevent the blind working, and that the cords were in place and looked to be correctly applied, though it was not physically checked. He qualified this by saying that this was a malfunction, as opposed to broken gear, which is always inspected.
--Mr Ford then referred to a situation when Mr R Holmes had a malfunction at Blenheim. Mr Renault was familiar with that case and confirmed that on that occasion the blinds had been handled by a starting assistant prior to racing – an outside agent – and he was not held at fault.
--Mr Ford contended that this was a similar case, with the outside agent being a piece of grit caught in the blinds because of the weather conditions.
--DECISION
Mr Ford appears on an alleged breach of Rule 864 (2) (d) and the information states that only one of the pull down blinds activated on his horse UNO ALICE in race 7, and the stewards deem this a gear malfunction.
Mr Renault explained the circumstances, and these were confirmed by video. Mr Ford said his gear was in good order and was affixed correctly, though he acknowledged one blind did not activate in the run home. Mr Clint Ford then correctly notified the stewards on his return to the birdcage.
--The Rule, in so far as this breach is concerned, reads :-
‘Every horseman, owner, trainer and assistant thereof of a horse shall with regard to that horse ensure that:-
(d) all gear is correctly applied and/or affixed so as not to malfunction or come adrift’
Given the possible influencing factor, or outside agent – Mr Ford referred to, and the committee is aware of, the weather conditions and the grit that may have developed as a result – we cannot be sure and are not satisfied, in the circumstances, that the gear was not affixed correctly.
--We acknowledge, as did Mr Ford, that the blind did not activate. Mr Ford maintained they were correctly applied and working. And taking the (torrential) conditions into consideration, we cannot be satisfied that they were not.
--Whilst it is a strict liability matter, we are prepared to give Mr Ford the benefit in this instance. It should not be seen as a precedent however. The matter is dismissed.
--
P H Welch P Williams
Chair Committee member
68285
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: 626fb8097f90d1c4a36cd191b803d168
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 10/01/2010
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Nelson HRC - 10 January 2010 - Race 7
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
--Information No. 68285
Meeting Nelson Harness Racing Club at Richmond Park, Nelson
Date Sunday 10 January 2010
Judicial Committee Chairman : P H M Welch Panel Member : P Williams
Race 7
Rule 864 (2) (d)
Plea Not Admitted
Informant : Mr S P Renault, Stipendiary Steward
Defendant : Mr K Ford, Trainer of UNO ALICE
Following the running of race 7, the NJ Business Services/Anchor Press Handicap, an information was lodged against Mr K Ford, the trainer of horse no. 6, UNO ALICE, alleging a breach of Rule 864 (2) (d) in that only one of the pull down blinds activated on the horse, which stewards deem a gear malfunction.
--
RACEDAY JUDICIAL COMMITTEE DECISION
--Information No. 68285
Meeting Nelson Harness Racing Club at Richmond Park, Nelson
Date Sunday 10 January 2010
Judicial Committee Chairman : P H M Welch Panel Member : P Williams
Race 7
Rule 864 (2) (d)
Plea Not Admitted
Informant : Mr S P Renault, Stipendiary Steward
Defendant : Mr K Ford, Trainer of UNO ALICE
Following the running of race 7, the NJ Business Services/Anchor Press Handicap, an information was lodged against Mr K Ford, the trainer of horse no. 6, UNO ALICE, alleging a breach of Rule 864 (2) (d) in that only one of the pull down blinds activated on the horse, which stewards deem a gear malfunction.
--Mr Ford denied the breach.
--Presenting his evidence, Mr Renault advised that, after being placed 2nd in the event, UNO ALICE returned to the birdcage with only one pull down blind down – one having activated and the other not. Driver, Clint Ford, so advised the stewards, as he was required to do.
--Mr Renault then referred to the film of the run home, and it showed one blind down, with the inside blind still up and failing to activate. He said this was a matter of strict liability and, accordingly, the charge was laid.
--In response, Mr Ford acknowledged that the blind failed to activate and said, if it were his fault or it was damaged gear, he would pay the fine. However, he said it was new gear, and in good condition, and the reason it didn’t come down was because of the (torrential) conditions they were racing in. He explained that some wet grit had got in one side and prevented the blind from coming down.
--He said they had been affixed correctly, that they were working well before the horse went out, and they are working afterwards, and he did not see how he could be held responsible for the blinds not working because of the weather conditions out on the track.
--To the committee, Mr Renault said that, when advised by the driver, Mr Clint Ford, there was nothing obvious to prevent the blind working, and that the cords were in place and looked to be correctly applied, though it was not physically checked. He qualified this by saying that this was a malfunction, as opposed to broken gear, which is always inspected.
--Mr Ford then referred to a situation when Mr R Holmes had a malfunction at Blenheim. Mr Renault was familiar with that case and confirmed that on that occasion the blinds had been handled by a starting assistant prior to racing – an outside agent – and he was not held at fault.
--Mr Ford contended that this was a similar case, with the outside agent being a piece of grit caught in the blinds because of the weather conditions.
--DECISION
Mr Ford appears on an alleged breach of Rule 864 (2) (d) and the information states that only one of the pull down blinds activated on his horse UNO ALICE in race 7, and the stewards deem this a gear malfunction.
Mr Renault explained the circumstances, and these were confirmed by video. Mr Ford said his gear was in good order and was affixed correctly, though he acknowledged one blind did not activate in the run home. Mr Clint Ford then correctly notified the stewards on his return to the birdcage.
--The Rule, in so far as this breach is concerned, reads :-
‘Every horseman, owner, trainer and assistant thereof of a horse shall with regard to that horse ensure that:-
(d) all gear is correctly applied and/or affixed so as not to malfunction or come adrift’
Given the possible influencing factor, or outside agent – Mr Ford referred to, and the committee is aware of, the weather conditions and the grit that may have developed as a result – we cannot be sure and are not satisfied, in the circumstances, that the gear was not affixed correctly.
--We acknowledge, as did Mr Ford, that the blind did not activate. Mr Ford maintained they were correctly applied and working. And taking the (torrential) conditions into consideration, we cannot be satisfied that they were not.
--Whilst it is a strict liability matter, we are prepared to give Mr Ford the benefit in this instance. It should not be seen as a precedent however. The matter is dismissed.
--
P H Welch P Williams
Chair Committee member
68285
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 864.2.d
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 3f5f1c6c383caae824c8c2d417e30d3f
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race_emailed1: 0
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race_title: Race 7
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meetdate: 10/01/2010
meet_title: Nelson HRC - 10 January 2010
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