NZ Metro TC – 19 June 2009 –

hearingid: 6835b775159ca50992c96b4e90e2f3e0

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hearing_racingtype: harness-racing

startdate: 19/06/2009

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hearing_title: NZ Metro TC - 19 June 2009 -

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Following the running of Race 5, Peter Diver Plumbing & Drainage Limited Mobile Pace, an information was filed by Chief Stipendiary Steward, Mr N R Escott, against Licensed Trainer, Mr K T Fairbairn, alleging a breach of Rule 849 (2) in that Mr Fairbairn “presented SHEBAS ROCKET and THE ACTRESS [trained by him] with the incorrect saddle cloths”.

Following the running of Race 5, Peter Diver Plumbing & Drainage Limited Mobile Pace, an information was filed by Chief Stipendiary Steward, Mr N R Escott, against Licensed Trainer, Mr K T Fairbairn, alleging a breach of Rule 849 (2) in that Mr Fairbairn “presented SHEBAS ROCKET and THE ACTRESS [trained by him] with the incorrect saddle cloths”.

Mr Fairbairn was not present at the hearing of the information and had not signed the Statement by the Defendant on the information form.

Mr Escott informed the Committee that, following Race 5, Stipendiary Steward Mr N G McIntyre had informed Mr Fairbairn that he was required to present himself to the Stipendiary Steward’s room. Mr Escott followed this up with a call to Mr B A Kitto, the Racecourse Inspector, who also informed Mr Fairbairn that his presence was required. Mr Fairbairn came to see the Stewards at approximately 7.50pm, just before the start of Race 6. Two informations were on the table. Mr Fairbairn was informed by Mr Escott of the two informations. Mr Fairbairn refused to accept or sign either information and left the Steward’s room. This took place in the presence of Messrs N G McIntyre and S P Renault, Stipendiary Stewards.

Mr Escott referred the Committee to Rule 1107 (1) which provides as follows:
(1) Any information or other document which is required to be served on any person pursuant to these Rules may be served on him in any of the following ways:
 (a)  by being delivered to him personally or being brought to his notice if he refuses to accept
               it.

The Committee was satisfied that service of the information had been effected on Mr Fairbairn by being brought to his notice pursuant to Rule 1107 (1) (a), Mr Fairbairn having refused to accept service.

Rule 849 (2) provides as follows:
The trainer, horseman or person in control of each horse in the race shall ensure that the proper numbered saddlecloth is attached prior to the horse parading in the assembly area.

Mr Escott informed the Committee that Mr McIntyre, Stipendiary Steward, had noticed prior to Race 5 that the two runners in that Race trained by Mr Fairbairn – namely, SHEBAS ROCKET (6) and THE ACTRESS (7) –
had been paraded on the track with their saddlecloth numbers transposed. SHEBAS ROCKET wore saddlecloth number 7 and THE ACTRESS wore saddlecloth number 6. This situation was remedied prior to the running of the Race., Mr Escott said. The charge was found proved.

Mr Escott submitted that the breach was a serious one which could have had “far reaching complications” were it not for the vigilance of Mr McIntyre. He further submitted that there were two separate offences contained in the information – he recommended a fine of $200 for each.

In determining penalty, the Committee took into account Mr Escott’s submission, with which the Committee agreed, that the breach was a serious one which could have had very serious consequences. Further, the Committee agreed that the information contained two breaches – one in respect of each horse – although the two breaches arose out of the one careless act on the part of the person who put on the saddlecloths. The Committee noted that the Penalty Guide issued by the Judicial Control Authority for Racing recommended a starting point for a single breach under the Rule of a fine of $150. Taking those matters into account, the Committee decided that a fine of $300 was appropriate.

Mr Fairbairn was fined the sum of $300 accordingly.

R G McKenzie
CHAIR
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Rules: 849.2, 1107.1, 1107.1.a

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