Greymouth JC – 15 January 2005 –
ID: JCA21331
Hearing Type (Code):
thoroughbred-racing
Decision:
Mr Harris appears before the committee charged with a breach of Rule 520 (5)
--It is alleged that as the trainer of THUNDERSTRIKE, an acceptor in race 10 today, he wilfully broke an engagement with Mrs J S Lawson and declared J S Bullard as the rider of the horse.
| -- Defendant:- P D J Harris --Mr Harris appears before the committee charged with a breach of Rule 520 (5) --It is alleged that as the trainer of THUNDERSTRIKE, an acceptor in race 10 today, he wilfully broke an engagement with Mrs J S Lawson and declared J S Bullard as the rider of the horse. --Mr Harris has denied the breach. ---- DECISION AND REASON --The committee have considered the submissions made by yourself Mr Harris as well as the evidence of Mr Ching and his witness Mrs Lawson. --We find that at the Reefton meeting on Thursday last you engaged Mrs Lawson to ride THUNDERSTRIKE in race 10 today. --As such we find that a contract existed between both of you regarding the ride. --When Mrs Lawson left the course on Thursday she was under the clear impression that she was riding THUNDERSTRIKE. She did find out she was not until she read it in the newspaper today. --We acknowledge that you attempted to contact her and advise her of your change of mind, however contracts, once put in place, cannot be broken unilaterally. There must be consent between both parties. --In this case this has not occurred and Mrs Lawson has missed the ride on THUNDERSTRIKE. --We find that she was entitled to rely on the engagement and this has been broken by yourself. --Therefore we find the charge proven. --PENALTY --As stated previously Mrs Lawson was entitled to rely on her engagement and this has been broken by you Mr Harris. --The Rule under which you are charged provides the committee with an avenue to recompense Mrs Lawson's for a losing riding fee, however because she has obtained a ride in the race we are not so ordering. --The fact that Mrs Lawson has ended up with a ride in the race also does not absolve you from penalty. --We view this breach as no different from a breach by a rider in relation to breaking an engagement and intend to impose a similar penalty. --Therefore after considering all matters we find that you be fined the sum of $150.00 --In determining this penalty we have taken into account that this is your first breach of this Rule. ---- -- -- --
|
| -- |
Decision Date: 15/01/2005
Publish Date: 15/01/2005
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: 944a223d999c64b59a0d8f9029b921c8
informantnumber:
horsename:
hearing_racingtype: thoroughbred-racing
startdate: 15/01/2005
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Greymouth JC - 15 January 2005 -
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Harris appears before the committee charged with a breach of Rule 520 (5)
--It is alleged that as the trainer of THUNDERSTRIKE, an acceptor in race 10 today, he wilfully broke an engagement with Mrs J S Lawson and declared J S Bullard as the rider of the horse.
| -- Defendant :- P D J Harris--Mr Harris appears before the committee charged with a breach of Rule 520 (5) --It is alleged that as the trainer of THUNDERSTRIKE, an acceptor in race 10 today, he wilfully broke an engagement with Mrs J S Lawson and declared J S Bullard as the rider of the horse. --Mr Harris has denied the breach. ---- DECISION AND REASON --The committee have considered the submissions made by yourself Mr Harris as well as the evidence of Mr Ching and his witness Mrs Lawson. --We find that at the Reefton meeting on Thursday last you engaged Mrs Lawson to ride THUNDERSTRIKE in race 10 today. --As such we find that a contract existed between both of you regarding the ride. --When Mrs Lawson left the course on Thursday she was under the clear impression that she was riding THUNDERSTRIKE. She did find out she was not until she read it in the newspaper today. --We acknowledge that you attempted to contact her and advise her of your change of mind, however contracts, once put in place, cannot be broken unilaterally. There must be consent between both parties. --In this case this has not occurred and Mrs Lawson has missed the ride on THUNDERSTRIKE. --We find that she was entitled to rely on the engagement and this has been broken by yourself. --Therefore we find the charge proven. --PENALTY --As stated previously Mrs Lawson was entitled to rely on her engagement and this has been broken by you Mr Harris. --The Rule under which you are charged provides the committee with an avenue to recompense Mrs Lawson's for a losing riding fee, however because she has obtained a ride in the race we are not so ordering. --The fact that Mrs Lawson has ended up with a ride in the race also does not absolve you from penalty. --We view this breach as no different from a breach by a rider in relation to breaking an engagement and intend to impose a similar penalty. --Therefore after considering all matters we find that you be fined the sum of $150.00 --In determining this penalty we have taken into account that this is your first breach of this Rule. ---- -- -- --
|
| -- |
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 520.5
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid:
race_expapproval:
racecancelled:
race_noreport:
race_emailed1:
race_emailed2:
race_title:
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid:
meet_expapproval:
meet_noreport:
waitingforpublication:
meet_emailed1:
meet_emailed2:
meetdate: no date provided
meet_title:
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation:
meet_racingtype:
meet_chair:
meet_pm1:
meet_pm2:
name: