Rangiora HRC – 12 March 2009 – Race 7
ID: JCA22859
Hearing Type (Code):
harness-racing
Meet Title:
Rangiora HRC - 12 March 2009
Race Date:
2009/03/12
Race Number:
Race 7
Decision: Following the running of Race 7, Pam Lawson (Kim’s Mother) 70th Birthday Handicap Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Public Trainer, Mr G R Dunn, alleging a breach of Rule 864 (2) (d) in that Mr Dunn “as the trainer of RED BARON failed to affix the boring pole so as not to come adrift”.
Following the running of Race 7, Pam Lawson (Kim’s Mother) 70th Birthday Handicap Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Public Trainer, Mr G R Dunn, alleging a breach of Rule 864 (2) (d) in that Mr Dunn “as the trainer of RED BARON failed to affix the boring pole so as not to come adrift”.
--Mr Dunn was present at the hearing of the information and did not admit the breach.
--Mr Renault said that he had been positioned in the patrol box at the top of the home straight and had observed that the boring pole on RED BARON (J R Dunn) had become detached from the head of the horse, while still attached to the saddle, and was hanging down. Further down the track, the boring pole came off and fell on the track, Mr Renault said. Mr N M Ydgren, Stipendiary Steward, showed a video replay of the final stages of the Race which clearly confirmed the allegation of Mr Renault.
--Mr Dunn produced the boring pole to the hearing and explained that it was the same boring pole which had come off another of his runners at Ashburton on 24 February last. He stated that he has checked the gear and it is not faulty. He could not explain how it had failed on two occasions. It was gear that he used every day and he could offer no explanation. The Stewards acknowledged that the gear was in good condition. He said that once the pole was on, it was on, so he had not affixed it wrongly.
--Following a deliberation, the Committee delivered the following oral decision:
“It was submitted by Mr Dunn, and accepted by the Stipendiary Stewards, that the boring pole and its attachments were in good working order. Mr Dunn was not able to offer to us any explanation as to how the boring pole became detached although the same thing had, apparently, happened with the same boring pole at the Ashburton meeting recently.
The fact that this had happened with the same piece of equipment recently would tend to indicate that it is faulty in some way and this causes it to malfunction. The fact that the same boring pole had malfunctioned ought to have, we believe, alerted Mr Dunn to the fact that it was not safe to use it in a race.
Rule 861 (2) (d), the Rule under which Mr Dunn has been charged, requires that “every horseman, owner, trainer or assistant of a horse shall, with regard to that horse ensure that all gear is correctly applied or affixed so as to not malfunction or come adrift”. The other Rule that is relevant in these proceedings is Rule 1008 (b) which reads: “ In the absence of any express provision to the contrary in any proceeding for a breach of these Rules, any breach of the Rule shall be considered as an offence of strict liability”. In other words, the Stipendiary Stewards do not need to prove that Mr Dunn was at fault - that is what the Rule says, that it is strict liability or liability without fault.
If a particular piece of gear malfunctions, then the trainer must be held responsible whether he is at fault or not.
So, the charge is found proved.”
In relation to penalty, Mr Renault informed the Committee that, on 24.2.09, Mr Dunn was fined $100 for a breach of the same Rule when a boring pole came adrift. He recommended a fine of between $100 and $150.
--In determining penalty, the Committee took into account the recent breach of the same Rule by Mr Dunn. The Committee also took into account that Mr Dunn appeared to have taken all due care in applying the boring pole which, it seems, malfunctioned due to a technical defect which may have to be referred to the manufacturer.
--Mr Dunn was fined the sum of $120.
--R G McKenzie
CHAIRMAN
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: e8d571932e3e77fb5209fbdffb7e038a
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 12/03/2009
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Rangiora HRC - 12 March 2009 - Race 7
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Following the running of Race 7, Pam Lawson (Kim’s Mother) 70th Birthday Handicap Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Public Trainer, Mr G R Dunn, alleging a breach of Rule 864 (2) (d) in that Mr Dunn “as the trainer of RED BARON failed to affix the boring pole so as not to come adrift”.Following the running of Race 7, Pam Lawson (Kim’s Mother) 70th Birthday Handicap Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Public Trainer, Mr G R Dunn, alleging a breach of Rule 864 (2) (d) in that Mr Dunn “as the trainer of RED BARON failed to affix the boring pole so as not to come adrift”.
--Mr Dunn was present at the hearing of the information and did not admit the breach.
--Mr Renault said that he had been positioned in the patrol box at the top of the home straight and had observed that the boring pole on RED BARON (J R Dunn) had become detached from the head of the horse, while still attached to the saddle, and was hanging down. Further down the track, the boring pole came off and fell on the track, Mr Renault said. Mr N M Ydgren, Stipendiary Steward, showed a video replay of the final stages of the Race which clearly confirmed the allegation of Mr Renault.
--Mr Dunn produced the boring pole to the hearing and explained that it was the same boring pole which had come off another of his runners at Ashburton on 24 February last. He stated that he has checked the gear and it is not faulty. He could not explain how it had failed on two occasions. It was gear that he used every day and he could offer no explanation. The Stewards acknowledged that the gear was in good condition. He said that once the pole was on, it was on, so he had not affixed it wrongly.
--Following a deliberation, the Committee delivered the following oral decision:
“It was submitted by Mr Dunn, and accepted by the Stipendiary Stewards, that the boring pole and its attachments were in good working order. Mr Dunn was not able to offer to us any explanation as to how the boring pole became detached although the same thing had, apparently, happened with the same boring pole at the Ashburton meeting recently.
The fact that this had happened with the same piece of equipment recently would tend to indicate that it is faulty in some way and this causes it to malfunction. The fact that the same boring pole had malfunctioned ought to have, we believe, alerted Mr Dunn to the fact that it was not safe to use it in a race.
Rule 861 (2) (d), the Rule under which Mr Dunn has been charged, requires that “every horseman, owner, trainer or assistant of a horse shall, with regard to that horse ensure that all gear is correctly applied or affixed so as to not malfunction or come adrift”. The other Rule that is relevant in these proceedings is Rule 1008 (b) which reads: “ In the absence of any express provision to the contrary in any proceeding for a breach of these Rules, any breach of the Rule shall be considered as an offence of strict liability”. In other words, the Stipendiary Stewards do not need to prove that Mr Dunn was at fault - that is what the Rule says, that it is strict liability or liability without fault.
If a particular piece of gear malfunctions, then the trainer must be held responsible whether he is at fault or not.
So, the charge is found proved.”
In relation to penalty, Mr Renault informed the Committee that, on 24.2.09, Mr Dunn was fined $100 for a breach of the same Rule when a boring pole came adrift. He recommended a fine of between $100 and $150.
--In determining penalty, the Committee took into account the recent breach of the same Rule by Mr Dunn. The Committee also took into account that Mr Dunn appeared to have taken all due care in applying the boring pole which, it seems, malfunctioned due to a technical defect which may have to be referred to the manufacturer.
--Mr Dunn was fined the sum of $120.
--R G McKenzie
CHAIRMAN
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 864.2.d, 861.2.d, 1008.b
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PersonPresent:
Respondent:
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race_title: Race 7
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meetdate: 12/03/2009
meet_title: Rangiora HRC - 12 March 2009
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meet_racingtype: harness-racing
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