Auckland TC – 19 February 2010 – Race 1
ID: JCA21818
Hearing Type (Code):
harness-racing
Meet Title:
Auckland TC - 19 February 2010
Race Date:
2010/02/19
Race Number:
Race 1
Decision:
AUCKLAND TROTTING CLUB
--RACEDAY JUDICIAL COMMITTEE DECISIONS
--FRIDAY 19TH FEBRUARY 2010
--JCA PANEL: BJ Scott – Chairman, BJ Rowe and G Jones – Committee
--RACE NO: 1 INFORMATION NO: 68406 RULE NO: 864(2)(d)
--An Information was lodged by Stipendiary Steward Mr BJ van Kan against Trainer Mr B Mowbray alleging that Mr Mowbray failed to affix the removable ear plugs on his horse Balishka so as not to malfunction.
AUCKLAND TROTTING CLUB
--RACEDAY JUDICIAL COMMITTEE DECISIONS
--FRIDAY 19TH FEBRUARY 2010
--JCA PANEL: BJ Scott – Chairman, BJ Rowe and G Jones – Committee
--RACE NO: 1 INFORMATION NO: 68406 RULE NO: 864(2)(d)
--An Information was lodged by Stipendiary Steward Mr BJ van Kan against Trainer Mr B Mowbray alleging that Mr Mowbray failed to affix the removable ear plugs on his horse Balishka so as not to malfunction.
--Mr Mowbray admitted the breach of the rule but wished to be present at the hearing.
--Rule 864 (2)(d) provides: “Every horseman, owner, trainer, and assistant thereof of a horse shall with regard to that horse ensure that all gear is correctly applied and/or affixed so as not to malfunction or come adrift”.
--The rule was read to Mr Mowbray and he acknowledged that he understood it.
--Mr Peter Hilliard, the Driver of Mowbray was also present at the hearing.
--Mr van Kan gave evidence that he noted that when Balishka returned to the enclosure after racing he saw that the ear plugs were still in. He said that he has spoke to Mr Hilliard and was told by him that he had pulled the ear plugs during the race but that they had malfunctioned.
--Mr van Kan pointed out to this Committee that Balishka was the favourite for the race and that there was a responsibility on the Trainer for the gear not to malfunction.
--Mr Mowbray for his part said that although he admitted the charge there were mitigating factors that the wanted to put to the Committee. He said that when the horse was returned to the stalls Mr Hilliard had told him that the ear plugs had not come out but Mr Mowbray simply pulled on the string and the ear plugs came out and everything worked perfectly. He said that Mr Hilliard had told him that he had pulled the string during the race and he thought that they had come out.
--Mr Mowbray said that this horse wore the same gear as it had previously worn and it has an excellent form line and that the gear had not malfunctioned previously and he did not believe that it had malfunctioned this time.
--Mr Mowbray said that Mr Hilliard was a junior driver and that he might have thought that he pulled the ear plugs but it is quite likely that he did not do so properly because there was no reason why they did not work.
--Mr Hilliard for his part said that he pulled the ear plugs and thought that they had come out and during the run home he was watching the two horses coming down the outside and had not checked to make sure that the ear plugs had come out.
--The charge having been admitted is accordingly proven.
--The parties were then asked for submissions as to penalty.
--Mr van Kan referred to the JCA Guidelines which give a starting point fine of $250.00. He said that the horse was favourite and this should be taken into account but he did recommend a fine of $200.00.
--Mr Mowbray for his part believed that the fine should be less than that recommended by Mr van Kan. He said that he had taken the trouble to employ a Junior Driver on his horse and there were numerous mitigating factors which he had outlined in his evidence to the Committee. He believed that these should be taken into account and that there should be a reduced penalty.
--The Committee considered the evidence put before it and particularly the mitigating factors. Balishka was the favourite and did race the entire journey with it’s ear plugs in and this may well have effected it’s performance at the finish. Balishka ran third.
--Mr Mowbray did not believe that the ear plugs had malfunctioned and it may have been a result of the ear plugs not being property pulled by Mr Hilliard. The Committee had the opportunity to view the film of the run home and saw the movement of Mr Hilliard in pulling the line for the ear plugs and it appeared that he did do things correctly but clearly he had not looked to the horse’s ears to make sure that the ear plugs had come out. There is no logical reason as to why the ear plugs did not come out and this horse has an excellent form line and has been racing in the same gear in it’s recent starts.
--The Committee took into account the submissions as to penalty from parties and the mitigating factors and in this instance imposes a fine of $150.00 on Mr Mowbray.
--
BJ Scott BJ Rowe and G Jones
CHAIR Committee Members
68406
--
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: c08b568d297e566c4cd04a8089f94511
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 19/02/2010
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Auckland TC - 19 February 2010 - Race 1
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
AUCKLAND TROTTING CLUB
--RACEDAY JUDICIAL COMMITTEE DECISIONS
--FRIDAY 19TH FEBRUARY 2010
--JCA PANEL: BJ Scott – Chairman, BJ Rowe and G Jones – Committee
--RACE NO: 1 INFORMATION NO: 68406 RULE NO: 864(2)(d)
--An Information was lodged by Stipendiary Steward Mr BJ van Kan against Trainer Mr B Mowbray alleging that Mr Mowbray failed to affix the removable ear plugs on his horse Balishka so as not to malfunction.
AUCKLAND TROTTING CLUB
--RACEDAY JUDICIAL COMMITTEE DECISIONS
--FRIDAY 19TH FEBRUARY 2010
--JCA PANEL: BJ Scott – Chairman, BJ Rowe and G Jones – Committee
--RACE NO: 1 INFORMATION NO: 68406 RULE NO: 864(2)(d)
--An Information was lodged by Stipendiary Steward Mr BJ van Kan against Trainer Mr B Mowbray alleging that Mr Mowbray failed to affix the removable ear plugs on his horse Balishka so as not to malfunction.
--Mr Mowbray admitted the breach of the rule but wished to be present at the hearing.
--Rule 864 (2)(d) provides: “Every horseman, owner, trainer, and assistant thereof of a horse shall with regard to that horse ensure that all gear is correctly applied and/or affixed so as not to malfunction or come adrift”.
--The rule was read to Mr Mowbray and he acknowledged that he understood it.
--Mr Peter Hilliard, the Driver of Mowbray was also present at the hearing.
--Mr van Kan gave evidence that he noted that when Balishka returned to the enclosure after racing he saw that the ear plugs were still in. He said that he has spoke to Mr Hilliard and was told by him that he had pulled the ear plugs during the race but that they had malfunctioned.
--Mr van Kan pointed out to this Committee that Balishka was the favourite for the race and that there was a responsibility on the Trainer for the gear not to malfunction.
--Mr Mowbray for his part said that although he admitted the charge there were mitigating factors that the wanted to put to the Committee. He said that when the horse was returned to the stalls Mr Hilliard had told him that the ear plugs had not come out but Mr Mowbray simply pulled on the string and the ear plugs came out and everything worked perfectly. He said that Mr Hilliard had told him that he had pulled the string during the race and he thought that they had come out.
--Mr Mowbray said that this horse wore the same gear as it had previously worn and it has an excellent form line and that the gear had not malfunctioned previously and he did not believe that it had malfunctioned this time.
--Mr Mowbray said that Mr Hilliard was a junior driver and that he might have thought that he pulled the ear plugs but it is quite likely that he did not do so properly because there was no reason why they did not work.
--Mr Hilliard for his part said that he pulled the ear plugs and thought that they had come out and during the run home he was watching the two horses coming down the outside and had not checked to make sure that the ear plugs had come out.
--The charge having been admitted is accordingly proven.
--The parties were then asked for submissions as to penalty.
--Mr van Kan referred to the JCA Guidelines which give a starting point fine of $250.00. He said that the horse was favourite and this should be taken into account but he did recommend a fine of $200.00.
--Mr Mowbray for his part believed that the fine should be less than that recommended by Mr van Kan. He said that he had taken the trouble to employ a Junior Driver on his horse and there were numerous mitigating factors which he had outlined in his evidence to the Committee. He believed that these should be taken into account and that there should be a reduced penalty.
--The Committee considered the evidence put before it and particularly the mitigating factors. Balishka was the favourite and did race the entire journey with it’s ear plugs in and this may well have effected it’s performance at the finish. Balishka ran third.
--Mr Mowbray did not believe that the ear plugs had malfunctioned and it may have been a result of the ear plugs not being property pulled by Mr Hilliard. The Committee had the opportunity to view the film of the run home and saw the movement of Mr Hilliard in pulling the line for the ear plugs and it appeared that he did do things correctly but clearly he had not looked to the horse’s ears to make sure that the ear plugs had come out. There is no logical reason as to why the ear plugs did not come out and this horse has an excellent form line and has been racing in the same gear in it’s recent starts.
--The Committee took into account the submissions as to penalty from parties and the mitigating factors and in this instance imposes a fine of $150.00 on Mr Mowbray.
--
BJ Scott BJ Rowe and G Jones
CHAIR Committee Members
68406
--
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 864.2.d
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 93f97b20e83528270d420b77ed19516c
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 7791e4243794585eff48b158ba66955b
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 19/02/2010
meet_title: Auckland TC - 19 February 2010
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Auckland TC