Ashburton TC 28 October 2013 – R 7
ID: JCA11987
Meet Title:
Ashburton TC - 28 October 2013
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2013/10/28
Race Number:
R7
Decision:
The charge was found proved.
Penalty:
Mr Purdon and Ms Rasmussen were fined the sum of $250.
Charge:
Breach of Rule 864(2)(d)-gear malfunction
Facts:
This charge would normally be dealt with by way of a Minor Infringement Notice but Mr Ydgren had filed an Information in this case due to FLY LIKE AN EAGLE having to be retired from the event. Mr Ydgren submitted that the standard Minor Infringement Notice fine of $100 was insufficient when a horse was forced to be retired from an event due to a crucial piece of gear coming adrift.
Following the running of Race 7, the Trust Ashburton Flying Stakes FFA Pace, an information was filed against Public Trainers Mr M Purdon and N Rasmussen, alleging a breach of Rule 869(2)(d) in that they failed to affix the off side rein on FLY LIKE AN EAGLE as not to come adrift.
The charge reads as follows:
“I the above named informant allege that the above named Respondent committed a breach of Rule 864(2)(d) in that you failed to affix the off side rein on FLY LIKE AN EAGLE as not to come adrift.”
Rule 869(2)(d) reads as follows:
(2) Every horseman, owner, trainer and assistant thereof of a horse shall with regard to that horse ensure that:
(d) all gear is correctly applied and/or affixed so as not to malfunction or come adrift;
Mr Purdon represented the stable in this hearing and had indicated on the Information that the charge was admitted. Mr Purdon confirmed this at the hearing and stated he understood the rule he was being charged with.
Submissions for Decision:
Mr Ydgren gave evidence and used video coverage to show that shortly after the start FLY LIKE AN EAGLE, driven by Mr Purdon, was observed to be taken down to the inside of the pylons and thereafter take no further part in the race. The off rein was observed to have come adrift with Mr Purdon having no choice but to continue on inside the pylons for the remainder of the race until the Clerk of the Course could assist in pulling the horse up and regaining control. Mr Ydgren stated that on inspection the rein was found to be in excellent condition therefore the Stewards contended that the rein was not fastened in the first instance.
Mr Purdon stated that the rein had come adrift about 60-70m after the start. He also stated that he had driven a horse in the race prior and had not checked the gear on FLY LIKE AN EAGLE before going out on the track. He said that a staff member had geared the horse up but he had failed to check the gear before the race.
Reasons for Decision:
As Mr Purdon and Ms Rasmussen had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Submissions for Penalty:
Mr Ydgren submitted that normally a breach of this rule was dealt with under the Minor Infringement Notice system with a first offence being a fine of $100. Mr Ydgren also submitted that where a crucial piece of gear was not affixed correctly the breach was more severe. He said there had been two previous breaches of this rule where a rein had come adrift during the race with both of these penalties being $200. He submitted that taking into account the status of the race and the fact that the chances of FLY LIKE AN EAGLE were affected, he asked the Committee to consider a fine between $250 and $350.
Mr Purdon gave no submissions in regard to penalty.
Reasons for Penalty:
In determining penalty the Committee took into consideration Mr Purdon and Ms Rasmussen’s good record and their ready admission of the breach. We also took into account the status of the race, the fact that a crucial piece of gear had come adrift and that the chances of FLY LIKE AN EAGLE were affected. We researched previous penalties imposed for similar breaches and believed an appropriate penalty was a fine of $250.
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: 3468e73c3014357eadef96dfce0ae708
informantnumber: A1646
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 27/10/2013
hearing_title: Ashburton TC 28 October 2013 - R 7
charge:
Breach of Rule 864(2)(d)-gear malfunction
facts:
This charge would normally be dealt with by way of a Minor Infringement Notice but Mr Ydgren had filed an Information in this case due to FLY LIKE AN EAGLE having to be retired from the event. Mr Ydgren submitted that the standard Minor Infringement Notice fine of $100 was insufficient when a horse was forced to be retired from an event due to a crucial piece of gear coming adrift.
Following the running of Race 7, the Trust Ashburton Flying Stakes FFA Pace, an information was filed against Public Trainers Mr M Purdon and N Rasmussen, alleging a breach of Rule 869(2)(d) in that they failed to affix the off side rein on FLY LIKE AN EAGLE as not to come adrift.
The charge reads as follows:
“I the above named informant allege that the above named Respondent committed a breach of Rule 864(2)(d) in that you failed to affix the off side rein on FLY LIKE AN EAGLE as not to come adrift.”
Rule 869(2)(d) reads as follows:
(2) Every horseman, owner, trainer and assistant thereof of a horse shall with regard to that horse ensure that:
(d) all gear is correctly applied and/or affixed so as not to malfunction or come adrift;
Mr Purdon represented the stable in this hearing and had indicated on the Information that the charge was admitted. Mr Purdon confirmed this at the hearing and stated he understood the rule he was being charged with.
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren gave evidence and used video coverage to show that shortly after the start FLY LIKE AN EAGLE, driven by Mr Purdon, was observed to be taken down to the inside of the pylons and thereafter take no further part in the race. The off rein was observed to have come adrift with Mr Purdon having no choice but to continue on inside the pylons for the remainder of the race until the Clerk of the Course could assist in pulling the horse up and regaining control. Mr Ydgren stated that on inspection the rein was found to be in excellent condition therefore the Stewards contended that the rein was not fastened in the first instance.
Mr Purdon stated that the rein had come adrift about 60-70m after the start. He also stated that he had driven a horse in the race prior and had not checked the gear on FLY LIKE AN EAGLE before going out on the track. He said that a staff member had geared the horse up but he had failed to check the gear before the race.
reasonsfordecision:
As Mr Purdon and Ms Rasmussen had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Decision:
The charge was found proved.
sumissionsforpenalty:
Mr Ydgren submitted that normally a breach of this rule was dealt with under the Minor Infringement Notice system with a first offence being a fine of $100. Mr Ydgren also submitted that where a crucial piece of gear was not affixed correctly the breach was more severe. He said there had been two previous breaches of this rule where a rein had come adrift during the race with both of these penalties being $200. He submitted that taking into account the status of the race and the fact that the chances of FLY LIKE AN EAGLE were affected, he asked the Committee to consider a fine between $250 and $350.
Mr Purdon gave no submissions in regard to penalty.
reasonsforpenalty:
In determining penalty the Committee took into consideration Mr Purdon and Ms Rasmussen’s good record and their ready admission of the breach. We also took into account the status of the race, the fact that a crucial piece of gear had come adrift and that the chances of FLY LIKE AN EAGLE were affected. We researched previous penalties imposed for similar breaches and believed an appropriate penalty was a fine of $250.
penalty:
Mr Purdon and Ms Rasmussen were fined the sum of $250.
hearing_type: Hearing
Rules: 864(2)(d)
Informant: N Ydgren-Stipendiary Steward
JockeysandTrainer: M Purdon-Open Horseman-Public Trainer, N Rasmussen-Open Horsewoman-Public Trainer
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 3f0f596c5ca9ba3207a35ec72d656dec
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: a00dda4c7c1a5d255f83e9321cc8356c
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 28/10/2013
meet_title: Ashburton TC - 28 October 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: ashburton-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: Ashburton TC