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Ashburton TC 17 May 2011 – R 7

ID: JCA10496

Applicant:
Mr S Renault - Stipendiary Steward

Respondent(s):
D and C Butt - Licensed Trainers

Information Number:
66782

Hearing Type:
Hearing

Rules:
865(2)

Plea:
admitted

Meet Title:
Ashburton TC - 17 May 2011

Meet Chair:
SChing

Meet Committee Member 1:
RMcKenzie

Race Date:
2011/05/17

Race Number:
R7

Decision:

The charge was found to be proved.

Penalty:

On resuming the hearing we advised the parties that Mr & Mrs Butt were fined the sum of $200.
 

Charge:

Stipendiary Steward Mr S Renault filed an information against Licensed Trainers Mr DJ & Mrs C M Butt alleging a breach of Rule 865(2). It was alleged that Mr & Mrs Butt, the trainers of “By Appointment”, which started in Race 7 , the www.harnessjewels.co.nz Mobile Pace, presented their horse into the assembly area with removable earplugs which had not been notified.
The charge reads as follows:
“I, the above named informant allege that the above named Defendant committed a breach of Rule 865(2) in that D & C Butt failed to advise that “By Appointment” would be racing with removable earplugs.
Rule 865(2) reads as follows:
“(2) Every horse entered in a totalisator race shall be presented in the assembly area prior to the race in the same notifiable gear as that notified under sub-rule (1).”
Stable representative Mr RJ Butt had indicated on the Information that this breach of the Rules was admitted and that he also did not want to be present at the hearing.
 

Facts:

See above

Submissions for Decision:

Stipendiary Steward Mrs KR Williams gave evidence regarding the non notification of this gear change as set out in the information.



 

Reasons for Decision:

As Mr & Mrs Butt, through stable representative Mr RJ Butt, had admitted this breach it was found to be proved in accordance with Rule1111(1)(d).

Submissions for Penalty:

In relation to penalty, Mrs K R Williams advised that a breach of Rule 865(2) was usually dealt with under the Minor Infringement Notice system. However, this was Mr and Mrs Butt’s fifth breach of this Rule in the last 12 months, and under the provisions of Rule 1105A(3)(c) it was necessary to file an Information on this occasion. As this was Mr and Mrs Butt’s fifth breach of this Rule in the last 12 months Mrs Williams submitted that a fine of $200-00 should be imposed in this case.

Reasons for Penalty:

In considering the matter of an appropriate penalty we took into account that this was Mr and Mrs Butt’s fifth breach under this Rule in the previous 12 months. This is an unacceptable record by Mr and Mrs Butt, and we were satisfied that the amount submitted by the Stipendiary Stewards was fair and we decided that a fine of $200-00 would be appropriate in this case.


 

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: 073ad3197d863a64b741ae14bf9de70a

informantnumber: 66782

horsename:

hearing_racingtype:

startdate: no date provided

newcharge:

plea: admitted

penaltyrequired: 1

decisiondate: 25/05/2011

hearing_title: Ashburton TC 17 May 2011 - R 7

charge:

Stipendiary Steward Mr S Renault filed an information against Licensed Trainers Mr DJ & Mrs C M Butt alleging a breach of Rule 865(2). It was alleged that Mr & Mrs Butt, the trainers of “By Appointment”, which started in Race 7 , the www.harnessjewels.co.nz Mobile Pace, presented their horse into the assembly area with removable earplugs which had not been notified.
The charge reads as follows:
“I, the above named informant allege that the above named Defendant committed a breach of Rule 865(2) in that D & C Butt failed to advise that “By Appointment” would be racing with removable earplugs.
Rule 865(2) reads as follows:
“(2) Every horse entered in a totalisator race shall be presented in the assembly area prior to the race in the same notifiable gear as that notified under sub-rule (1).”
Stable representative Mr RJ Butt had indicated on the Information that this breach of the Rules was admitted and that he also did not want to be present at the hearing.
 

facts:

See above

appealdecision:

isappeal:

submissionsfordecision:

Stipendiary Steward Mrs KR Williams gave evidence regarding the non notification of this gear change as set out in the information.



 

reasonsfordecision:

As Mr & Mrs Butt, through stable representative Mr RJ Butt, had admitted this breach it was found to be proved in accordance with Rule1111(1)(d).

Decision:

The charge was found to be proved.

sumissionsforpenalty:

In relation to penalty, Mrs K R Williams advised that a breach of Rule 865(2) was usually dealt with under the Minor Infringement Notice system. However, this was Mr and Mrs Butt’s fifth breach of this Rule in the last 12 months, and under the provisions of Rule 1105A(3)(c) it was necessary to file an Information on this occasion. As this was Mr and Mrs Butt’s fifth breach of this Rule in the last 12 months Mrs Williams submitted that a fine of $200-00 should be imposed in this case.

reasonsforpenalty:

In considering the matter of an appropriate penalty we took into account that this was Mr and Mrs Butt’s fifth breach under this Rule in the previous 12 months. This is an unacceptable record by Mr and Mrs Butt, and we were satisfied that the amount submitted by the Stipendiary Stewards was fair and we decided that a fine of $200-00 would be appropriate in this case.


 

penalty:

On resuming the hearing we advised the parties that Mr & Mrs Butt were fined the sum of $200.
 

hearing_type: Hearing

Rules: 865(2)

Informant: Mr S Renault - Stipendiary Steward

JockeysandTrainer: D and C Butt - Licensed Trainers

Otherperson:

PersonPresent:

Respondent:

StipendSteward:

raceid: 4c3ce5cdbd8aca585cf621d65dde1567

race_expapproval:

racecancelled: 0

race_noreport: 0

race_emailed1: 0

race_emailed2: 0

race_title: R7

submittochair:

race_expappcomment:

race_km:

race_otherexp:

race_chair:

race_pm1:

race_pm2:

meetid: 2406b107799af5d547ca42fbd5000f2e

meet_expapproval:

meet_noreport: 0

waitingforpublication: 0

meet_emailed1: 0

meet_emailed2: 0

meetdate: 17/05/2011

meet_title: Ashburton TC - 17 May 2011

meet_expappcomment:

meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "SChing", "Member": "", "OtherExpenses": "0", "KMs": "0", "Total": 0.0, "kmprice": 0.0, "Approved": []}, {"Comment": [], "kmprice": 0.0, "MemberID": "RMcKenzie", "Member": "", "KMs": "0", "OtherExpenses": "0", "Total": 0.0, "MemberRole": "Panel member 1 ", "Approved": []}]

meet_otherexp:

tracklocation: ashburton-tc

meet_racingtype: harness-racing

meet_chair: SChing

meet_pm1: RMcKenzie

meet_pm2: none

name: Ashburton TC