Reefton TC – 30 December 2008 – Race 5
ID: JCA21624
Hearing Type (Code):
harness-racing
Meet Title:
Reefton TC - 30 December 2008
Race Date:
2008/12/30
Race Number:
Race 5
Decision:
Following the running of Race 5, the Bernie Stratford Pace, an information was laid by Stipendiary Steward Mr N. G. McIntyre against Mr W. E. Stapleton, the trainer of “Patchwork Star” (8), alleging a breach of Rule 864(2)(d).
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The charge reads as follows.
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“I the abovenamed informant allege that the abovenamed Defendant committed a breach of Rule 864(2)(d) in that Trainer W. Stapleton failed to affix the front hopple carrier as not to come adrift.”
DECISION AND REASONS:
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--
Following the running of Race 5, the Bernie Stratford Pace, an information was laid by Stipendiary Steward Mr N. G. McIntyre against Mr W. E. Stapleton, the trainer of “Patchwork Star” (8), alleging a breach of Rule 864(2)(d).
----
The charge reads as follows.
----
“I the abovenamed informant allege that the abovenamed Defendant committed a breach of Rule 864(2)(d) in that Trainer W. Stapleton failed to affix the front hopple carrier as not to come adrift.”
----
The rule reads as follows.
----
“(2) Every horseman, owner, trainer and assistant thereof of a horse shall with regard to that horse ensure that :-
----
(a) ….
--(b) ….
--(c) ….
--(d) …. all gear is correctly applied and/or affixed so as not to malfunction or come adrift.”
----
Mr Stapleton had indicated on the information that he did not admit this breach of the Rules and he confirmed this at the hearing. He also agreed that he understood the charge and the Rule it was brought under.
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Stipendiary Steward Mrs Williams gave evidence that she had seen that the hopple carrier had come adrift when Mr Woodward brought his horse back to the birdcage after the race. At that time Mr Woodward had said that this had happened during the race, but he did not know at what stage.
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Mr McIntyre said that he had inspected the gear after the race and that it was in perfect condition.
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Mr Stapleton gave evidence that he is always very careful when affixing gear to his horses, and that on this occasion he had checked the hopple carriers twice before the horse went on to the track.
----
Mr Woodward gave evidence that he also had checked twice that the hopple carriers were properly affixed before the race started. He said that shortly after the start of the race his horse was severely checked between two horses and broke. Later on in the race his horse again suffered interference. Video coverage of the incident after the start was shown. It was Mr Woodward’s belief that the hopple carrier probably came adrift due to the severe interference his horse received.
----
Where gear comes adrift during a race it can usually be assumed that it has not been affixed properly. In this case, however, there was clear evidence that “Patchwork Star” had been subjected to severe interference shortly after the start, and that there had been contact made with other horses.
----
After considering the evidence I was satisfied that it was more likely than not that the hopple carrier had come adrift due to the interference. I therefore advised the parties that the charge was dismissed.
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J M Phelan
ChairmanJCA 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: ddecac0403dea11f0db8a0ea721d08b6
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 30/12/2008
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Reefton TC - 30 December 2008 - Race 5
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Following the running of Race 5, the Bernie Stratford Pace, an information was laid by Stipendiary Steward Mr N. G. McIntyre against Mr W. E. Stapleton, the trainer of “Patchwork Star” (8), alleging a breach of Rule 864(2)(d).
----
The charge reads as follows.
----
“I the abovenamed informant allege that the abovenamed Defendant committed a breach of Rule 864(2)(d) in that Trainer W. Stapleton failed to affix the front hopple carrier as not to come adrift.”
DECISION AND REASONS:
----
--
Following the running of Race 5, the Bernie Stratford Pace, an information was laid by Stipendiary Steward Mr N. G. McIntyre against Mr W. E. Stapleton, the trainer of “Patchwork Star” (8), alleging a breach of Rule 864(2)(d).
----
The charge reads as follows.
----
“I the abovenamed informant allege that the abovenamed Defendant committed a breach of Rule 864(2)(d) in that Trainer W. Stapleton failed to affix the front hopple carrier as not to come adrift.”
----
The rule reads as follows.
----
“(2) Every horseman, owner, trainer and assistant thereof of a horse shall with regard to that horse ensure that :-
----
(a) ….
--(b) ….
--(c) ….
--(d) …. all gear is correctly applied and/or affixed so as not to malfunction or come adrift.”
----
Mr Stapleton had indicated on the information that he did not admit this breach of the Rules and he confirmed this at the hearing. He also agreed that he understood the charge and the Rule it was brought under.
----
Stipendiary Steward Mrs Williams gave evidence that she had seen that the hopple carrier had come adrift when Mr Woodward brought his horse back to the birdcage after the race. At that time Mr Woodward had said that this had happened during the race, but he did not know at what stage.
----
Mr McIntyre said that he had inspected the gear after the race and that it was in perfect condition.
----
Mr Stapleton gave evidence that he is always very careful when affixing gear to his horses, and that on this occasion he had checked the hopple carriers twice before the horse went on to the track.
----
Mr Woodward gave evidence that he also had checked twice that the hopple carriers were properly affixed before the race started. He said that shortly after the start of the race his horse was severely checked between two horses and broke. Later on in the race his horse again suffered interference. Video coverage of the incident after the start was shown. It was Mr Woodward’s belief that the hopple carrier probably came adrift due to the severe interference his horse received.
----
Where gear comes adrift during a race it can usually be assumed that it has not been affixed properly. In this case, however, there was clear evidence that “Patchwork Star” had been subjected to severe interference shortly after the start, and that there had been contact made with other horses.
----
After considering the evidence I was satisfied that it was more likely than not that the hopple carrier had come adrift due to the interference. I therefore advised the parties that the charge was dismissed.
----
--
--
J M Phelan
Chairmansumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 864.2.d
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 17764c536f02bdf3a5ea91131acd1407
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: b5f7c26f6dfafa124607e259a2a4052f
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 30/12/2008
meet_title: Reefton TC - 30 December 2008
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: reefton-tc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Reefton TC