Manawatu HRC – 20 March 2010 – Race 8
ID: JCA22371
Hearing Type (Code):
harness-racing
Meet Title:
Manawatu HRC - 20 March 2010
Race Date:
2010/03/20
Race Number:
Race 8
Decision: --
Raceday Judicial Committee Decision
--Information No: 68505
--Meeting: Manawatu Harness Racing Club
--Date: 20 March 2010
--Venue: Manawatu Raceway
--Race: Race 8 (Totally Vets Mobile Pace 2000m)
--Rule: 849(2)
--Chairman: T.W. Castles Panel: C.T. McKay and T.W.E. Utikere
--Informant: T.W. Taumanu, Stipendiary Steward
--Defendant: J. Abernethy
--An information was lodged by Stipendiary Steward Mr. T. Taumanu against Horseman J. Abernethy alleging a breach of Rule 849(2) in that the trainer/or person in control of DANIELA HANTUCHOVA shall ensure that the proper numbered saddlecloth is attached prior to the horse parading in the assembly area. This horse had number 9 on it instead of number 5.
----
--
Raceday Judicial Committee Decision
--Information No: 68505
--Meeting: Manawatu Harness Racing Club
--Date: 20 March 2010
--Venue: Manawatu Raceway
--Race: Race 8 (Totally Vets Mobile Pace 2000m)
--Rule: 849(2)
--Chairman: T.W. Castles Panel: C.T. McKay and T.W.E. Utikere
--Informant: T.W. Taumanu, Stipendiary Steward
--Defendant: J. Abernethy
--An information was lodged by Stipendiary Steward Mr. T. Taumanu against Horseman J. Abernethy alleging a breach of Rule 849(2) in that the trainer/or person in control of DANIELA HANTUCHOVA shall ensure that the proper numbered saddlecloth is attached prior to the horse parading in the assembly area. This horse had number 9 on it instead of number 5.
--Mr Abernethy confirmed his admittance of the breach.
--Mr Taumanu read the relevant rule. ”Rule 849 (2) The trainer, horseman or person in control of each horse in the race shall ensure that the proper numbered saddlecloth is attached prior to the horse parading in the assembly area”.
--Mr Abernethy confirmed that he understood the rule.
--The committee invited Mr Taumanu to make comment before penalty submissions were heard. Mr Taumanu stated that the Stipendiary Stewards noted during the preliminary that DANIELA HANTUCHOVA, driven by Mr Abernethy’s brother at that stage, had the wrong saddlecloth affixed to it. Mr Taumanu advised the committee that 2 similar breaches of the rule were dealt with on the first night of the Manawatu Harness Club’s Meeting. Mr Taumanu said that he could not believe in his time as a Stipendiary Steward, that he had seen so many horses coming out onto the track with the incorrect saddle number. He further submitted that while such a breach may seem very minor, to everybody else in the industry the consequential effects of a horse running a race in the wrong saddlecloth would mean harness racing would be seen as the laughing stock of the industry. His view was that participants are professionals and that there is an expectation that a professional job is being done. Actions such as these were unacceptable. Although Mr Abernethy had admitted the breach, it was quite an important part of the industry to have the right saddlecloth on the horse.
--Mr Abernethy was then invited by the committee to make comment before penalty submissions were heard. He stated that he referred to the racebook in the number room when collecting his saddlecloth. He did not realise the racebook was from the first night’s meeting and as a consequence picked up the wrong saddlecloth. Mr Abernethy concurred with Mr Taumanu’s comments and agreed with the committee’s view that those in the industry have important responsibilities to get things right on behalf of the betting public.
--PENALTY SUBMISSIONS
Mr Taumanu submitted that while $150 was a starting point in the JCA Penalty Guide, he believed this figure to be too lenient. He was seeking a fine of at least $300. The rationale behind a fine of this amount was that such unprofessionalism was something that had to be made a point of in relation to people carrying out their duties as professionals, and getting everything right. It was Mr Taumanu’s submission that such an action was inexcusable, and that it was not good enough for trainers or drivers to blame anyone else but themselves for having the wrong number on.
Mr Abernethy submitted that a fine of $300 was steep. He stated that the 2 fines imposed on the first night were a lot less than that. This was his first charge under this rule, and it was his belief that he had made a genuine mistake.
--PENALTY
In coming to a decision on penalty the committee considered the submissions put forward. The committee noted that this was Mr Abernethy’s first breach of this rule. However, the committee expressed concern that in the space of 2 race nights, this situation had happened on 3 occasions. Picking up Thursday night’s racebook as an excuse in itself was not professional. The committee’s view was that a higher degree of professionalism was required by whoever was in charge of the horse, and that the fines imposed on the first night did not send a firm message to the drivers, trainers and stables of the horses involved in Saturday night’s meeting. The committee also considered the consequences for the betting public if the practice of having wrong numbered saddlecloths on a horse prior to a race was to continue. Therefore, the committee concurred with the frustration expressed by the Stipendiary Stewards, and agreed with the submission that a substantial fine should be imposed. The committee was aware of the Penalty Guidelines of the JCA which suggests a fine of $150, but believe that such unprofessionalism and carelessness of the participants required a firmer deterrent. Accordingly, the decision of the Judicial Committee is to fine Mr Abernethy the sum of $300.
T.W. Castles C.T. McKay and T.W.E. Utikere
CHAIR Committee Members
68505
--
--
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: bf8230fc9c5cfa7aa06512fe6369a8f3
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 20/03/2010
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Manawatu HRC - 20 March 2010 - Race 8
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--Raceday Judicial Committee Decision
--Information No: 68505
--Meeting: Manawatu Harness Racing Club
--Date: 20 March 2010
--Venue: Manawatu Raceway
--Race: Race 8 (Totally Vets Mobile Pace 2000m)
--Rule: 849(2)
--Chairman: T.W. Castles Panel: C.T. McKay and T.W.E. Utikere
--Informant: T.W. Taumanu, Stipendiary Steward
--Defendant: J. Abernethy
--An information was lodged by Stipendiary Steward Mr. T. Taumanu against Horseman J. Abernethy alleging a breach of Rule 849(2) in that the trainer/or person in control of DANIELA HANTUCHOVA shall ensure that the proper numbered saddlecloth is attached prior to the horse parading in the assembly area. This horse had number 9 on it instead of number 5.
----
--
Raceday Judicial Committee Decision
--Information No: 68505
--Meeting: Manawatu Harness Racing Club
--Date: 20 March 2010
--Venue: Manawatu Raceway
--Race: Race 8 (Totally Vets Mobile Pace 2000m)
--Rule: 849(2)
--Chairman: T.W. Castles Panel: C.T. McKay and T.W.E. Utikere
--Informant: T.W. Taumanu, Stipendiary Steward
--Defendant: J. Abernethy
--An information was lodged by Stipendiary Steward Mr. T. Taumanu against Horseman J. Abernethy alleging a breach of Rule 849(2) in that the trainer/or person in control of DANIELA HANTUCHOVA shall ensure that the proper numbered saddlecloth is attached prior to the horse parading in the assembly area. This horse had number 9 on it instead of number 5.
--Mr Abernethy confirmed his admittance of the breach.
--Mr Taumanu read the relevant rule. ”Rule 849 (2) The trainer, horseman or person in control of each horse in the race shall ensure that the proper numbered saddlecloth is attached prior to the horse parading in the assembly area”.
--Mr Abernethy confirmed that he understood the rule.
--The committee invited Mr Taumanu to make comment before penalty submissions were heard. Mr Taumanu stated that the Stipendiary Stewards noted during the preliminary that DANIELA HANTUCHOVA, driven by Mr Abernethy’s brother at that stage, had the wrong saddlecloth affixed to it. Mr Taumanu advised the committee that 2 similar breaches of the rule were dealt with on the first night of the Manawatu Harness Club’s Meeting. Mr Taumanu said that he could not believe in his time as a Stipendiary Steward, that he had seen so many horses coming out onto the track with the incorrect saddle number. He further submitted that while such a breach may seem very minor, to everybody else in the industry the consequential effects of a horse running a race in the wrong saddlecloth would mean harness racing would be seen as the laughing stock of the industry. His view was that participants are professionals and that there is an expectation that a professional job is being done. Actions such as these were unacceptable. Although Mr Abernethy had admitted the breach, it was quite an important part of the industry to have the right saddlecloth on the horse.
--Mr Abernethy was then invited by the committee to make comment before penalty submissions were heard. He stated that he referred to the racebook in the number room when collecting his saddlecloth. He did not realise the racebook was from the first night’s meeting and as a consequence picked up the wrong saddlecloth. Mr Abernethy concurred with Mr Taumanu’s comments and agreed with the committee’s view that those in the industry have important responsibilities to get things right on behalf of the betting public.
--PENALTY SUBMISSIONS
Mr Taumanu submitted that while $150 was a starting point in the JCA Penalty Guide, he believed this figure to be too lenient. He was seeking a fine of at least $300. The rationale behind a fine of this amount was that such unprofessionalism was something that had to be made a point of in relation to people carrying out their duties as professionals, and getting everything right. It was Mr Taumanu’s submission that such an action was inexcusable, and that it was not good enough for trainers or drivers to blame anyone else but themselves for having the wrong number on.
Mr Abernethy submitted that a fine of $300 was steep. He stated that the 2 fines imposed on the first night were a lot less than that. This was his first charge under this rule, and it was his belief that he had made a genuine mistake.
--PENALTY
In coming to a decision on penalty the committee considered the submissions put forward. The committee noted that this was Mr Abernethy’s first breach of this rule. However, the committee expressed concern that in the space of 2 race nights, this situation had happened on 3 occasions. Picking up Thursday night’s racebook as an excuse in itself was not professional. The committee’s view was that a higher degree of professionalism was required by whoever was in charge of the horse, and that the fines imposed on the first night did not send a firm message to the drivers, trainers and stables of the horses involved in Saturday night’s meeting. The committee also considered the consequences for the betting public if the practice of having wrong numbered saddlecloths on a horse prior to a race was to continue. Therefore, the committee concurred with the frustration expressed by the Stipendiary Stewards, and agreed with the submission that a substantial fine should be imposed. The committee was aware of the Penalty Guidelines of the JCA which suggests a fine of $150, but believe that such unprofessionalism and carelessness of the participants required a firmer deterrent. Accordingly, the decision of the Judicial Committee is to fine Mr Abernethy the sum of $300.
T.W. Castles C.T. McKay and T.W.E. Utikere
CHAIR Committee Members
68505
--
--
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 849(2)
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: fb98eead90dad82dae408bdf96285c99
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
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race_pm2:
meetid: 9f32550d268f847540b10e389e29a134
meet_expapproval:
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waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 20/03/2010
meet_title: Manawatu HRC - 20 March 2010
meet_expappcomment:
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tracklocation: manawatu-hrc
meet_racingtype: harness-racing
meet_chair:
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name: Manawatu HRC