Auckland TC 16 March 2012 – R 7
ID: JCA13776
Meet Title:
Auckland TC - 16 March 2012
Meet Chair:
GJones
Meet Committee Member 1:
ADooley
Race Date:
2012/03/16
Race Number:
R 7
Decision:
The charge is admitted and is therefore proved.
Penalty:
A fine of $125 is imposed by the Committee.
Charge:
The information alleges that Mr Purdon “presented End of the Matter with blinds which were not notified”.
Rule 865 Provides that:
(1) The trainer or person in control of a horse shall give notice, in the manner prescribed in the Approved Gear Regulations, of the notifiable gear to be worn by a horse in a totalisator race no later than the official deadline for the notification of drivers at the race meeting in which a horse is entered.
(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).
Blinds are included in the schedule of Notifiable Gear (as published on the HNZ website) effective 17 October 2011.
Facts:
B Van Kan appeared on behalf of the Informant. He told the Judicial Committee (“the Committee”) that Mr Purdon presented End of the Matter in the assembly area for race seven with ‘blinds’ which were not notified.
By way of explanation Mr Purdon told the Committee that his horse had not raced since 24 February 2012 and that it was an oversight on his part that the ‘blinds’ had not been removed from the horse's gear. Mr Purdon said that he accepted full responsibility for the oversight and the failure to notify the gear change.
Submissions for Penalty:
Mr Van Kan submitted that a breach of this particular Rule would ordinarily be dealt with by way of the Minor Infringement System (MIS), but due to the fact that Mr Purdon had breached Rule 865(2) on two previous occasions the matter was required to be referred to the Committee. Mr Van Kan made no specific submissions as to penalty.
Mr Purdon made no specific submissions as to penalty, but he did ask the Committee to be lenient and suggested that the matter should be dealt with by way of fine “as low as possible or $50”.
Reasons for Penalty:
The Committee gave careful consideration to the circumstances of this charge. We have also noted Mr Purdon’s frank acknowledgement of the breach and his submission that his failure to notify the gear change was an oversight.
This is the third breach of this Rule by Mr Purdon over a relatively short timeframe and one of the previous breaches related to the same horse. This is an aggravating factor.
Under the MIS a breach of this Rule would normally attract a fine of $100. However, due to the repeated breaches this matter must be treated with a fine greater than $100.
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: 630b79ec4eb3518c8aa09503243e5db1
informantnumber: 2358
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 12/03/2012
hearing_title: Auckland TC 16 March 2012 - R 7
charge:
The information alleges that Mr Purdon “presented End of the Matter with blinds which were not notified”.
Rule 865 Provides that:
(1) The trainer or person in control of a horse shall give notice, in the manner prescribed in the Approved Gear Regulations, of the notifiable gear to be worn by a horse in a totalisator race no later than the official deadline for the notification of drivers at the race meeting in which a horse is entered.
(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).
Blinds are included in the schedule of Notifiable Gear (as published on the HNZ website) effective 17 October 2011.
facts:
B Van Kan appeared on behalf of the Informant. He told the Judicial Committee (“the Committee”) that Mr Purdon presented End of the Matter in the assembly area for race seven with ‘blinds’ which were not notified.
By way of explanation Mr Purdon told the Committee that his horse had not raced since 24 February 2012 and that it was an oversight on his part that the ‘blinds’ had not been removed from the horse's gear. Mr Purdon said that he accepted full responsibility for the oversight and the failure to notify the gear change.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The charge is admitted and is therefore proved.
sumissionsforpenalty:
Mr Van Kan submitted that a breach of this particular Rule would ordinarily be dealt with by way of the Minor Infringement System (MIS), but due to the fact that Mr Purdon had breached Rule 865(2) on two previous occasions the matter was required to be referred to the Committee. Mr Van Kan made no specific submissions as to penalty.
Mr Purdon made no specific submissions as to penalty, but he did ask the Committee to be lenient and suggested that the matter should be dealt with by way of fine “as low as possible or $50”.
reasonsforpenalty:
The Committee gave careful consideration to the circumstances of this charge. We have also noted Mr Purdon’s frank acknowledgement of the breach and his submission that his failure to notify the gear change was an oversight.
This is the third breach of this Rule by Mr Purdon over a relatively short timeframe and one of the previous breaches related to the same horse. This is an aggravating factor.
Under the MIS a breach of this Rule would normally attract a fine of $100. However, due to the repeated breaches this matter must be treated with a fine greater than $100.
penalty:
A fine of $125 is imposed by the Committee.
hearing_type: Hearing
Rules: 865(2)
Informant: Mr B Van Kan - Stipendiary Steward
JockeysandTrainer: Mr B Purdon - Licensed Trainer
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 6bd4426bf53b81996565b003f802c7c9
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 6130f147ddd4faccd3e17646d611c2e6
meet_expapproval: approved
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 16/03/2012
meet_title: Auckland TC - 16 March 2012
meet_expappcomment:
meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "GJones", "Member": "", "OtherExpenses": "0", "KMs": "26", "Total": "16.12", "kmprice": 16.120000000000001, "Approved": "on"}]
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: GJones
meet_pm1: ADooley
meet_pm2: none
name: Auckland TC