Archive Decision

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Rangiora HRC – 31 December 2009 – Race 1

ID: JCA21953

Hearing Type:
Old Hearing

Rules:
864.2.d

Hearing Type (Code):
harness-racing

Meet Title:
Rangiora HRC - 31 December 2009

Race Date:
2009/12/31

Race Number:
Race 1

Decision:

RACEDAY JUDICIAL COMMITTEE DECISION

--

Information No: 68058

--

Meeting: Rangiora Harness Racing Club  Date: 31 December 2009

--

Venue: Addington Raceway, Christchurch Race No: 1

--

Rule(s): 864 (2) (d)

--

Judicial Committee:

--

Chairman:  R G McKenzie ,  Panel Member:  J M Phelan

--

Plea: Not Admitted                         

--

Appearing:

--

Informant:  K R Williams, Stipendiary Steward

--

Defendant: J C Bennett, Licensed Public Trainer

--


DECISION AND REASONS:
Following the running of Race 1, Goodbye 2009 From the Yaldy Mobile Trot, an information was filed by Mrs K R Williams, Stipendiary Steward, against Licensed Public Trainer, Mr J C Bennett, alleging a breach of Rule 864 (2) (d) in that “the pull down blinds were unable to be activated on EARLY CHOICE [trained by him] due to the cord coming adrift”.



RACEDAY JUDICIAL COMMITTEE DECISION

--

Information No: 68058

--

Meeting: Rangiora Harness Racing Club  Date: 31 December 2009

--

Venue: Addington Raceway, Christchurch Race No: 1

--

Rule(s): 864 (2) (d)

--

Judicial Committee:

--

Chairman:  R G McKenzie ,  Panel Member:  J M Phelan

--

Plea: Not Admitted                         

--

Appearing:

--

Informant:  K R Williams, Stipendiary Steward

--

Defendant: J C Bennett, Licensed Public Trainer

--


DECISION AND REASONS:

--

Following the running of Race 1, Goodbye 2009 From the Yaldy Mobile Trot, an information was filed by Mrs K R Williams, Stipendiary Steward, against Licensed Public Trainer, Mr J C Bennett, alleging a breach of Rule 864 (2) (d) in that “the pull down blinds were unable to be activated on EARLY CHOICE [trained by him] due to the cord coming adrift”.

--

Mr Bennett was present at the hearing of the information and did not admit the breach.

--

Rule 864 provides as follows:
(2)   Every horseman, owner, trainer and assistant thereof 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.

--

Mrs Williams told the Committee that driver, Mr C T Woodward, told the Stewards after Race 1 that the pull down blinds on EARLY CHOICE could not be activated as the cord affixed to the gear had come undone.

--

Mr Bennett stated that the time for being on the track prior to Race 1 was not shown in the race book for the meeting. Furthermore, the call to trainers, which is normally 3 minutes, was on this occasion only 2 minutes. He said that he does not put the bridle on the mare until the last minute and, on this occasion, was “rushed for time”.

--

The Committee was not impressed with either argument put forward by Mr Bennett in his defence. It is the duty of a trainer to be aware of times and he cannot rely on and blame someone else.

--

The knot shown to the Committee had clearly come undone so that the gear could not be activated. It is the responsibility of a trainer to ensure that gear is affixed so as not to come undone.

--

Mr Bennett has, in this case, not exercised sufficient care, the knot has come undone and, therefore, he is in breach of the Rule.

--

The charge was found proved.

--

Mrs Williams recommended the “standard fine” of $100. Mr Bennett did not wish to make any submission in relation to penalty.

--

The Committee noted that the Penalty Guide recommended a starting point for breaches of the rule of a fine of $250. The “standard fine” of $100, referred to by Mrs Williams, is on the basis that the defendant has received a discount for admitting the breach. No such discount is available in this case.

--

Mr Bennett was fined the sum of $150.

--

  
R G McKenzie            J M Phelan
CHAIR                         Committee Member
68058

--

 

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: dc0ce51cad1b9574efba202b72d3a7ff


informantnumber:


horsename:


hearing_racingtype: harness-racing


startdate: 31/12/2009


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Rangiora HRC - 31 December 2009 - Race 1


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

RACEDAY JUDICIAL COMMITTEE DECISION

--

Information No: 68058

--

Meeting: Rangiora Harness Racing Club  Date: 31 December 2009

--

Venue: Addington Raceway, Christchurch Race No: 1

--

Rule(s): 864 (2) (d)

--

Judicial Committee:

--

Chairman:  R G McKenzie ,  Panel Member:  J M Phelan

--

Plea: Not Admitted                         

--

Appearing:

--

Informant:  K R Williams, Stipendiary Steward

--

Defendant: J C Bennett, Licensed Public Trainer

--


DECISION AND REASONS:
Following the running of Race 1, Goodbye 2009 From the Yaldy Mobile Trot, an information was filed by Mrs K R Williams, Stipendiary Steward, against Licensed Public Trainer, Mr J C Bennett, alleging a breach of Rule 864 (2) (d) in that “the pull down blinds were unable to be activated on EARLY CHOICE [trained by him] due to the cord coming adrift”.



RACEDAY JUDICIAL COMMITTEE DECISION

--

Information No: 68058

--

Meeting: Rangiora Harness Racing Club  Date: 31 December 2009

--

Venue: Addington Raceway, Christchurch Race No: 1

--

Rule(s): 864 (2) (d)

--

Judicial Committee:

--

Chairman:  R G McKenzie ,  Panel Member:  J M Phelan

--

Plea: Not Admitted                         

--

Appearing:

--

Informant:  K R Williams, Stipendiary Steward

--

Defendant: J C Bennett, Licensed Public Trainer

--


DECISION AND REASONS:

--

Following the running of Race 1, Goodbye 2009 From the Yaldy Mobile Trot, an information was filed by Mrs K R Williams, Stipendiary Steward, against Licensed Public Trainer, Mr J C Bennett, alleging a breach of Rule 864 (2) (d) in that “the pull down blinds were unable to be activated on EARLY CHOICE [trained by him] due to the cord coming adrift”.

--

Mr Bennett was present at the hearing of the information and did not admit the breach.

--

Rule 864 provides as follows:
(2)   Every horseman, owner, trainer and assistant thereof 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.

--

Mrs Williams told the Committee that driver, Mr C T Woodward, told the Stewards after Race 1 that the pull down blinds on EARLY CHOICE could not be activated as the cord affixed to the gear had come undone.

--

Mr Bennett stated that the time for being on the track prior to Race 1 was not shown in the race book for the meeting. Furthermore, the call to trainers, which is normally 3 minutes, was on this occasion only 2 minutes. He said that he does not put the bridle on the mare until the last minute and, on this occasion, was “rushed for time”.

--

The Committee was not impressed with either argument put forward by Mr Bennett in his defence. It is the duty of a trainer to be aware of times and he cannot rely on and blame someone else.

--

The knot shown to the Committee had clearly come undone so that the gear could not be activated. It is the responsibility of a trainer to ensure that gear is affixed so as not to come undone.

--

Mr Bennett has, in this case, not exercised sufficient care, the knot has come undone and, therefore, he is in breach of the Rule.

--

The charge was found proved.

--

Mrs Williams recommended the “standard fine” of $100. Mr Bennett did not wish to make any submission in relation to penalty.

--

The Committee noted that the Penalty Guide recommended a starting point for breaches of the rule of a fine of $250. The “standard fine” of $100, referred to by Mrs Williams, is on the basis that the defendant has received a discount for admitting the breach. No such discount is available in this case.

--

Mr Bennett was fined the sum of $150.

--

  
R G McKenzie            J M Phelan
CHAIR                         Committee Member
68058

--

 


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Old Hearing


Rules: 864.2.d


Informant:


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Otherperson:


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Respondent:


StipendSteward:


raceid: 73eabef6a1096b42396d4ae0f465d895


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race_emailed2: 0


race_title: Race 1


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meet_emailed2: 0


meetdate: 31/12/2009


meet_title: Rangiora HRC - 31 December 2009


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meet_racingtype: harness-racing


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name: Rangiora HRC