Oamaru JC – 29 June 2008 –

hearingid: e65eb73e863b904848b12ed056fd5be0

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hearing_racingtype: thoroughbred-racing

startdate: 29/06/2008

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hearing_title: Oamaru JC - 29 June 2008 -

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Mr Davidson, Stipendiary Steward, alleged a breach of rule 1002(1)(b) in that Mr Borthwick rode track work at Oamaru racecourse on Saturday June 28 in breach of the NZTR directive on body protectors, in that Mr Borthwick failed to wear an approved safety vest.

Mr Davidson, Stipendiary Steward, alleged a breach of rule 1002(1)(b) in that Mr Borthwick rode track work at Oamaru racecourse on Saturday June 28 in breach of the NZTR directive on body protectors, in that Mr Borthwick failed to wear an approved safety vest.

Mr Borthwick, you have admitted the breach and we therefore find the charge proved. We should not have to emphasise to you that there is a safety issue involved here. The directive is promulgated for your protection. We accept you may have ridden without a vest for 30 years without incident, but the obligation is now upon you to ensure that you wear a vest when riding track work. We take into account that this was not a deliberate or blatant breach, in that the reason you failed to wear a vest was that it was in the truck, which had left the race course to travel to Hakataramea. We accept your statement that it would not be returning for some time and you wished to work a horse. We also note Mr Davidson states that when you work horses at Gore you always wear a vest.

We give credit to your guilty plea and your excellent record of no breaches of any rule since 2001, and on that occasion it was only a minor matter. We also note the $500 suggested penalty in the Penalty Guide, but treat it as just that, a guide. However, there is a need for parity between penalties imposed for similar breaches of the rules. We are aware that recent penalties in the South Island for breaches of this rule by first offenders who have pleaded guilty are in the range of $300 to $350. Taking all these matters into account, we fine you the sum of $300 and remind you of your obligations under the Rules of Racing.

G Hall Chairman

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hearing_type: Old Hearing

Rules: 1002.1.b

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