Archive Decision

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Te Aroha JC – 10 April 2010 – R 3

ID: JCA22978

Hearing Type:
Old Hearing

Rules:
804(5)

Code:
Thoroughbred

Hearing Type (Code):
thoroughbred-racing

Meet Title:
Te Aroha JC - 10 April 2010

Meet Chair:
tom

Meet Committee Member 1:
tom

Meet Committee Member 2:
tom

Race Date:
2010/04/10

Race Number:
R 3

Decision: --

RACEDAY JUDICIAL COMMITTEE DECISION

--

Informant:  Mr J McKenzie

--

Defendant:  N/A

--

Information No:  360

--

Meeting:  Te Aroha Jockey Club

--

Date:  10 April 2010

--

Venue:  Te Aroha

--

Race:  3

--

Rule No:  804(5)

--

Judicial Committee:  R Seabrook, Chairman – A Dooley, Committee Member 

--

 

--

DECISION & REASON:

--

Following race three an information was filed pursuant to Rule 804(5).  The informant, Mr J W McKenzie, alleged that Miss N A Robinson, trainer of MAGIC POWER in race three, did administer, by oral injection, a substance called Finish Line.

--

 

--

Miss Robinson admitted the breach.

--

 

--

Mr McKenzie told the Committee he was satisfied Miss Robinson was telling the truth regarding the incident.  He said, however, he will get the substance analyzed to determine its content.  Mr McKenzie said ignorance of the rule was no excuse, although he conceded the bottle was poorly labeled.

--

 

--

Miss Robinson told the Committee MAGIC POWER wears a tongue tie due to breathing difficulties.  She said she administered the substance called Finish Line to the horse to put a coating on its throat.  Miss Robinson said she believed she was not doing anything wrong as she had followed the instructions on the bottle.  She knew the substance was legal.

--

 

--

PENALTY SUBMISSIONS:

--

Mr McKenzie referred to a previous breach of this rule, one very similar in circumstances to this charge today.  That breach incurred a fine of $750 which he submitted would be appropriate today.

--

 

--

PENALTY:

--

The Committee carefully considered all evidence and submissions before imposing an appropriate penalty. 

--

While the Committee has sympathy with Miss Robinson with regard to the labeling on the bottle, Rule 804(5) is very clear pertaining to trainers’ obligations.  This clearly states that with the exception of a veterinarian, no person shall administer on the day of racing any substance whatsoever.

--

 

--

The Committee is certainly satisfied there was no intent on Miss Robinson’s part to deceive officials by administering this substance.  The main concern in any action like this is the perception that can arise, therefore jeopardizing the integrity of our industry.

--

 

--

Taking all the above into account, including Miss Robinson’s guilty plea, we impose a fine of $750.

--

 

--

 

--

R Seabrook                  A Dooley

--

CHAIR                         Committee Member

--

40640

--

 

--

 

--

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: d8a874e0acc0b1a72b1dcfd702c3b774


informantnumber:


horsename:


hearing_racingtype: thoroughbred-racing


startdate: 10/04/2010


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Te Aroha JC - 10 April 2010 - R 3


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

--

RACEDAY JUDICIAL COMMITTEE DECISION

--

Informant:  Mr J McKenzie

--

Defendant:  N/A

--

Information No:  360

--

Meeting:  Te Aroha Jockey Club

--

Date:  10 April 2010

--

Venue:  Te Aroha

--

Race:  3

--

Rule No:  804(5)

--

Judicial Committee:  R Seabrook, Chairman – A Dooley, Committee Member 

--

 

--

DECISION & REASON:

--

Following race three an information was filed pursuant to Rule 804(5).  The informant, Mr J W McKenzie, alleged that Miss N A Robinson, trainer of MAGIC POWER in race three, did administer, by oral injection, a substance called Finish Line.

--

 

--

Miss Robinson admitted the breach.

--

 

--

Mr McKenzie told the Committee he was satisfied Miss Robinson was telling the truth regarding the incident.  He said, however, he will get the substance analyzed to determine its content.  Mr McKenzie said ignorance of the rule was no excuse, although he conceded the bottle was poorly labeled.

--

 

--

Miss Robinson told the Committee MAGIC POWER wears a tongue tie due to breathing difficulties.  She said she administered the substance called Finish Line to the horse to put a coating on its throat.  Miss Robinson said she believed she was not doing anything wrong as she had followed the instructions on the bottle.  She knew the substance was legal.

--

 

--

PENALTY SUBMISSIONS:

--

Mr McKenzie referred to a previous breach of this rule, one very similar in circumstances to this charge today.  That breach incurred a fine of $750 which he submitted would be appropriate today.

--

 

--

PENALTY:

--

The Committee carefully considered all evidence and submissions before imposing an appropriate penalty. 

--

While the Committee has sympathy with Miss Robinson with regard to the labeling on the bottle, Rule 804(5) is very clear pertaining to trainers’ obligations.  This clearly states that with the exception of a veterinarian, no person shall administer on the day of racing any substance whatsoever.

--

 

--

The Committee is certainly satisfied there was no intent on Miss Robinson’s part to deceive officials by administering this substance.  The main concern in any action like this is the perception that can arise, therefore jeopardizing the integrity of our industry.

--

 

--

Taking all the above into account, including Miss Robinson’s guilty plea, we impose a fine of $750.

--

 

--

 

--

R Seabrook                  A Dooley

--

CHAIR                         Committee Member

--

40640

--

 

--

 

--

sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Old Hearing


Rules: 804(5)


Informant:


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: cc3d8fde2d8897552549246d72f8ca4c


race_expapproval:


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race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 3


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meetdate: 10/04/2010


meet_title: Te Aroha JC - 10 April 2010


meet_expappcomment:


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tracklocation: te-aroha-jc


meet_racingtype: thoroughbred-racing


meet_chair: tom


meet_pm1: tom


meet_pm2: tom


name: Te Aroha JC