Archive Decision

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Auckland TC 20 February 2015 – R 5

ID: JCA15794

Applicant:
Mr S Mulcay - Stipendiary Steward

Respondent(s):
Mr S J Cornwall - Licensed Trainer

Other Person:
Ms P Kinsey - Stipendiary Steward

Information Number:
A3720

Hearing Type:
Hearing

New Charge:
Failure to affix gear

Rules:
Rule 864(2)(d)

Plea:
admitted

Meet Title:
Auckland TC - 20 February 2015

Meet Chair:
BScott

Meet Committee Member 1:
AGodsalve

Race Date:
2015/02/20

Race Number:
R5

Decision:

The charge is admitted and is accordingly upheld.

Penalty:

The Committee fines Mr Cornwall the sum of $200.00.

Facts:

Following the running of the ROSSLANDS HANDICAP TROT an Information was lodged by Stipendiary Steward Mr S Mulcay  against Licensed Trainer Mr SJ Cornwall alleging that he failed to affix the offside rein on his horse STAR FILLY so as not to come adrift.

Mr Cornwall was not present at the Hearing but he acknowledged on the Information that he admitted the breach.

Rule 864(2)(d) provides : Every horseman, owner, trainer and assistant thereof of a horse shall with regard to that horse ensure that "all gear is correctly applied and/or fitted so as not to malfunction or come adrift."

Stipendiary Steward Ms P Kinsey on behalf of Mr Mulcay appeared before the Committee and demonstrated the incident by use of the race films. She showed where after the start STAR FILLY was racing on the outer in the straight and about 200 metres after the start the offside rein came adrift and STAR FILLY'S Driver Mr J Stormont was left with one rein.

Submissions for Penalty:

Ms Kinsey said that this was a clear breach and it was a safety issue. She said that there had been one other breach of this Rule where the Trainer was fined $250.00 but that was in a Group race. She submitted that the Stewards believed that a fine of $200.00 was appropriate.

Reasons for Penalty:

The breach is clear and it is a safety issue. It is fortunate that STAR FILLY was racing on the outside of the field over the early stages.

Mr Cornwall has admitted the breach and he is given credit for that. At the end of the day however this is a safety issue and that is an aggravating factor.

This Rule is not provided for in the JCA Guidelines but the Penalty Schedules available to us show the previous breach that Ms Kinsey referred to. The archived Penalty Schedules available to us show penalties in the vicinity of that submitted by Ms Kinsey.

Taking all factors into account we believe that a fine of $200.00 is appropriate.

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: d2bbb1cc219caa61d3d5f6f7ec76ec6e


informantnumber: A3720


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Failure to affix gear


plea: admitted


penaltyrequired: 1


decisiondate: 11/02/2015


hearing_title: Auckland TC 20 February 2015 - R 5


charge:


facts:

Following the running of the ROSSLANDS HANDICAP TROT an Information was lodged by Stipendiary Steward Mr S Mulcay  against Licensed Trainer Mr SJ Cornwall alleging that he failed to affix the offside rein on his horse STAR FILLY so as not to come adrift.

Mr Cornwall was not present at the Hearing but he acknowledged on the Information that he admitted the breach.

Rule 864(2)(d) provides : Every horseman, owner, trainer and assistant thereof of a horse shall with regard to that horse ensure that "all gear is correctly applied and/or fitted so as not to malfunction or come adrift."

Stipendiary Steward Ms P Kinsey on behalf of Mr Mulcay appeared before the Committee and demonstrated the incident by use of the race films. She showed where after the start STAR FILLY was racing on the outer in the straight and about 200 metres after the start the offside rein came adrift and STAR FILLY'S Driver Mr J Stormont was left with one rein.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

The charge is admitted and is accordingly upheld.


sumissionsforpenalty:

Ms Kinsey said that this was a clear breach and it was a safety issue. She said that there had been one other breach of this Rule where the Trainer was fined $250.00 but that was in a Group race. She submitted that the Stewards believed that a fine of $200.00 was appropriate.


reasonsforpenalty:

The breach is clear and it is a safety issue. It is fortunate that STAR FILLY was racing on the outside of the field over the early stages.

Mr Cornwall has admitted the breach and he is given credit for that. At the end of the day however this is a safety issue and that is an aggravating factor.

This Rule is not provided for in the JCA Guidelines but the Penalty Schedules available to us show the previous breach that Ms Kinsey referred to. The archived Penalty Schedules available to us show penalties in the vicinity of that submitted by Ms Kinsey.

Taking all factors into account we believe that a fine of $200.00 is appropriate.


penalty:

The Committee fines Mr Cornwall the sum of $200.00.


hearing_type: Hearing


Rules: Rule 864(2)(d)


Informant: Mr S Mulcay - Stipendiary Steward


JockeysandTrainer: Mr S J Cornwall - Licensed Trainer


Otherperson: Ms P Kinsey - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 6a3b2365897c3f38886a7ed1c45b69f7


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R5


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 0478ee21a79b866b201bcdd0a45249a7


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 20/02/2015


meet_title: Auckland TC - 20 February 2015


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: auckland-tc


meet_racingtype: harness-racing


meet_chair: BScott


meet_pm1: AGodsalve


meet_pm2: none


name: Auckland TC