Bay of Plenty HRC – 25 January 2009 –
ID: JCA22286
Hearing Type (Code):
harness-racing
Decision:
An information was filed following race number five alleging a breach of the rules. The informant was Mr .T.W.Taumanu Stipendiary Steward and the defendant Mr. J.Abernethy. This was an alleged breach of rule 864 (2) (d) which states “Every Horseman, owner, trainer and assistant therof of a horse 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”
--The information stated that trainer Mr.J.Abernethy did not affix the removable earhood so as not to malfunction. The release cord came adrift on “Jackpot Gold”.
An information was filed following race number five alleging a breach of the rules. The informant was Mr .T.W.Taumanu Stipendiary Steward and the defendant Mr. J.Abernethy. This was an alleged breach of rule 864 (2) (d) which states “Every Horseman, owner, trainer and assistant therof of a horse 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”
--The information stated that trainer Mr.J.Abernethy did not affix the removable earhood so as not to malfunction. The release cord came adrift on “Jackpot Gold”.
--Mr.Abernethy did not admit the breach of this rule and was present at the hearing of this information.
--Mr Taumanu showed the run home of this race on video with Mr.Muirhead identifying the horse concerned and this video clearly shows the earhood being pulled and not coming off the horses ears.
--Mr Taumanu stated Mr.Abernethy was in breach of this rule as horseman had a responsibility under the provisions of this rule to make sure this type of gear is affixed so as not to malfunction.
--Mr.Abernethy stated it was new gear and he could not understand why when he pulled the cord it had come adrift from the clip.
--Decision and Reasons.
--Having taken into account the video evidence of this incident and also the admission from Trainer Mr Abernethy that indeed this gear did malfunction I find the breach of rule 864 (2) (d) proven.
--It is clear from the evidence produced that this cord was not tied so as not to come adrift when pulled.
--Mr Taumanu sought a fine of $200.00 for this breach in his submissions on penalty.
--Mr Abernethy agreed that $200.00 was fair for this breach
--This Judicial Committee imposes a fine of $200.00 in this instance.
--Kevin G Coutts
ChairmanDecision Date: 25/01/2009
Publish Date: 25/01/2009
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: ac030f2b229023fcfdb4d45578b8413c
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 25/01/2009
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Bay of Plenty HRC - 25 January 2009 -
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
An information was filed following race number five alleging a breach of the rules. The informant was Mr .T.W.Taumanu Stipendiary Steward and the defendant Mr. J.Abernethy. This was an alleged breach of rule 864 (2) (d) which states “Every Horseman, owner, trainer and assistant therof of a horse 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”
--The information stated that trainer Mr.J.Abernethy did not affix the removable earhood so as not to malfunction. The release cord came adrift on “Jackpot Gold”.
An information was filed following race number five alleging a breach of the rules. The informant was Mr .T.W.Taumanu Stipendiary Steward and the defendant Mr. J.Abernethy. This was an alleged breach of rule 864 (2) (d) which states “Every Horseman, owner, trainer and assistant therof of a horse 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”
--The information stated that trainer Mr.J.Abernethy did not affix the removable earhood so as not to malfunction. The release cord came adrift on “Jackpot Gold”.
--Mr.Abernethy did not admit the breach of this rule and was present at the hearing of this information.
--Mr Taumanu showed the run home of this race on video with Mr.Muirhead identifying the horse concerned and this video clearly shows the earhood being pulled and not coming off the horses ears.
--Mr Taumanu stated Mr.Abernethy was in breach of this rule as horseman had a responsibility under the provisions of this rule to make sure this type of gear is affixed so as not to malfunction.
--Mr.Abernethy stated it was new gear and he could not understand why when he pulled the cord it had come adrift from the clip.
--Decision and Reasons.
--Having taken into account the video evidence of this incident and also the admission from Trainer Mr Abernethy that indeed this gear did malfunction I find the breach of rule 864 (2) (d) proven.
--It is clear from the evidence produced that this cord was not tied so as not to come adrift when pulled.
--Mr Taumanu sought a fine of $200.00 for this breach in his submissions on penalty.
--Mr Abernethy agreed that $200.00 was fair for this breach
--This Judicial Committee imposes a fine of $200.00 in this instance.
--Kevin G Coutts
Chairmansumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 864.2.d
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
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