NZ Metro TC – 10 September 2009 – Race 3
ID: JCA22820
Hearing Type (Code):
harness-racing
Meet Title:
NZ Metro TC - 10 September 2009
Race Date:
2009/09/10
Race Number:
Race 3
Decision:
Following the running of Race 3, the Christian Cullen Mobile Pace, an information was filed by Stipendiary Steward Mr N. M. Ydgren against Mr G. P. and Mrs N. M. Hope, Licensed Trainers of “Mossdale Claire” (1), alleging a breach of Rule 864(2)(d).
Following the running of Race 3, the Christian Cullen Mobile Pace, an information was filed by Stipendiary Steward Mr N. M. Ydgren against Mr G. P. and Mrs N. M. Hope, Licensed Trainers of “Mossdale Claire” (1), alleging a breach of Rule 864(2)(d). The charge reads as follows.
--“I the abovenamed informant allege that the abovenamed Defendant committed a breach of Rule 864(2)(d) in that the pull down blinds on Mossdale Claire were unable to be activated by driver L. F. O’Reilly.”
--Rule 864(2) reads as follows.
--“(2) Every horseman, owner, trainer and assistant thereof of a horse shall
with regard to that horse ensure that :-
(a) ….
(b) ….
(c) ….
(d) all gear is correctly applied and/or affixed so as not to malfunction or come adrift.”
Mrs Hope had indicated on the information that this breach of the Rules was
not admitted, and she confirmed this at the hearing. Mrs Hope also agreed that she understood the charge and the Rule it was brought under.
Stipendiary Steward Mr Renault gave evidence that after the race, as the horses were leaving the track, Mr L. F. O’Reilly, the driver of “Mossdale Claire” (1), advised him that he was unable to activate the pull down blinds. An inspection revealed that the cord for the pull down blinds was wrapped around a rein.
--Mr Ydgren used video coverage to show that Mr O’Reilly had tried to activate the pull down blinds on several occasions in the straight.
--Mrs Hope gave evidence and explained that the cord for the pull down blinds was affixed in such a way that they could not be activated inadvertently by the horse tossing its head about. Mrs Hope could not explain how the cord had become entangled.
--After hearing the evidence we adjourned to consider our decision. We took into account that Rule 1008(b) provides that this is an offence of strict liability. Unless there is evidence of some intervening event then there is no defence to the charge.
--On resuming the hearing we advised Mrs Hope that the charge had been proved, and of our reasons for this decision.
--Penalty:
--Mr Ydgren advised that Mr and Mrs Hope had no previous convictions under this Rule, and recommended a fine of $100-00. Mrs Hope had no submissions to make with regard to penalty.
--In relation to penalty we were satisfied that a fine of $100-00 was appropriate, and accordingly Mr and Mrs Hope were fined the sum of $100-00.
--J. M. Phelan J. Millar
CHAIR Committee Member
67784
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: e1647c3f529f2355fbc63963851844ba
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 10/09/2009
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: NZ Metro TC - 10 September 2009 - Race 3
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Following the running of Race 3, the Christian Cullen Mobile Pace, an information was filed by Stipendiary Steward Mr N. M. Ydgren against Mr G. P. and Mrs N. M. Hope, Licensed Trainers of “Mossdale Claire” (1), alleging a breach of Rule 864(2)(d).
Following the running of Race 3, the Christian Cullen Mobile Pace, an information was filed by Stipendiary Steward Mr N. M. Ydgren against Mr G. P. and Mrs N. M. Hope, Licensed Trainers of “Mossdale Claire” (1), alleging a breach of Rule 864(2)(d). The charge reads as follows.
--“I the abovenamed informant allege that the abovenamed Defendant committed a breach of Rule 864(2)(d) in that the pull down blinds on Mossdale Claire were unable to be activated by driver L. F. O’Reilly.”
--Rule 864(2) reads as follows.
--“(2) Every horseman, owner, trainer and assistant thereof of a horse shall
with regard to that horse ensure that :-
(a) ….
(b) ….
(c) ….
(d) all gear is correctly applied and/or affixed so as not to malfunction or come adrift.”
Mrs Hope had indicated on the information that this breach of the Rules was
not admitted, and she confirmed this at the hearing. Mrs Hope also agreed that she understood the charge and the Rule it was brought under.
Stipendiary Steward Mr Renault gave evidence that after the race, as the horses were leaving the track, Mr L. F. O’Reilly, the driver of “Mossdale Claire” (1), advised him that he was unable to activate the pull down blinds. An inspection revealed that the cord for the pull down blinds was wrapped around a rein.
--Mr Ydgren used video coverage to show that Mr O’Reilly had tried to activate the pull down blinds on several occasions in the straight.
--Mrs Hope gave evidence and explained that the cord for the pull down blinds was affixed in such a way that they could not be activated inadvertently by the horse tossing its head about. Mrs Hope could not explain how the cord had become entangled.
--After hearing the evidence we adjourned to consider our decision. We took into account that Rule 1008(b) provides that this is an offence of strict liability. Unless there is evidence of some intervening event then there is no defence to the charge.
--On resuming the hearing we advised Mrs Hope that the charge had been proved, and of our reasons for this decision.
--Penalty:
--Mr Ydgren advised that Mr and Mrs Hope had no previous convictions under this Rule, and recommended a fine of $100-00. Mrs Hope had no submissions to make with regard to penalty.
--In relation to penalty we were satisfied that a fine of $100-00 was appropriate, and accordingly Mr and Mrs Hope were fined the sum of $100-00.
--J. M. Phelan J. Millar
CHAIR Committee Member
67784
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 864.2.d, 864.2, 1008.b
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 1d63bca44e571b39ab64c825f3716516
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 5999ea3b25676a0dd8171310f46f73bc
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 10/09/2009
meet_title: NZ Metro TC - 10 September 2009
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: NZ Metro TC