Hororata TC – 27 February 2009 – Race 10

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hearing_racingtype: harness-racing

startdate: 27/02/2009

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hearing_title: Hororata TC - 27 February 2009 - Race 10

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Decision:

Following the running of Race 10, the Seelite Windows & Doors Handicap Trot, an information was filed by Stipendiary Steward Mrs K. R. Williams against Mr C. B. Ford the driver of “Midnight Invasion” (5), alleging a breach of Rule 864(2)(e).  The charge reads as follows.

“I the abovenamed informant allege that the abovenamed Defendant committed a breach of Rule 864(2)(e) in that C. Ford failed to activate the pull blinds on Midnight Invasion.”

Following the running of Race 10, the Seelite Windows & Doors Handicap Trot, an information was filed by Stipendiary Steward Mrs K. R. Williams against Mr C. B. Ford the driver of “Midnight Invasion” (5), alleging a breach of Rule 864(2)(e).  The charge reads as follows.

“I the abovenamed informant allege that the abovenamed Defendant committed a breach of Rule 864(2)(e) in that C. Ford failed to activate the pull blinds on Midnight Invasion.”

The rule reads as follows.

          “(2)   Every horseman, owner, trainer and assistant thereof of a horse shall with regard to that horse ensure that :-

                   (e)     that all steps are taken to activate gear, appliances or devices which requires    activation.”

Mr Ford had indicated on the information that he admitted this breach of the Rules and he confirmed this at the hearing.  Mr Ford also agreed that he understood the charge and the Rule it was brought under.

Mrs Williams gave evidence and used video coverage to show that with about 300 metres to run Mr Ford had tried to activate the pull blinds without success.  On speaking to Mr Ford it was found that he had been using the ear plug cord by mistake.

Mr Ford agreed that he had been pulling on the wrong cord, and explained that he had been having difficulty identifying the correct cord.  He also said that he was not used to driving this particular horse.

Penalty:   

Mrs Williams said that it was accepted that this breach was not deliberate, and recommended a fine of $100-00. 

Mr Ford asked if a suspension could be considered instead of a fine.  It was Mrs Williams’ view that a suspension of a horseman’s licence was only appropriate for a driving offence.   This matter was discussed and we agreed that a suspension was not appropriate in a case such as this.

We considered the matter of penalty and we were satisfied that a fine of

$100-00 was appropriate.  Accordingly Mr Ford was fined this amount.

J.  M. Phelan

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hearing_type: Old Hearing

Rules: 864.2.e

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raceid: 71a642f384efe43910ca88badb71fa2e

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race_title: Race 10

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meetdate: 27/02/2009

meet_title: Hororata TC - 27 February 2009

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