Avondale JC – 6 December 2006 – Race 4

hearingid: 6d26f1855d145624a7cb7a7a945bd54e

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hearing_racingtype: thoroughbred-racing

startdate: 06/12/2006

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decisiondate: no date provided

hearing_title: Avondale JC - 6 December 2006 - Race 4

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This information alleged a breach of Rule 868(5) for presenting FLYNN?S FLIGHT without "Blinkers" prior to Race 4 at the Racing Tauranga meeting on 29 November 2006. The breach was not admitted and the matter was adjourned for hearing at Avondale on 6 December 2006.

This information alleged a breach of Rule 868(5) for presenting FLYNN?S FLIGHT without "Blinkers" prior to Race 4 at the Racing Tauranga meeting on 29 November 2006. The breach was not admitted and the matter was adjourned for hearing at Avondale on 6 December 2006. At the hearing Miss Croon was represented by Mr. T Green and Racecourse Inspector Mr. J. W. McKenzie was also present as an observer.

Mr. Oatham informed the Committee that FLYNN?S FLIGHT was shown in the programme as running in blinkers and while checking horses as they were being presented for plate inspection Stipendiary Steward A. Coles and Assistant Stipendiary Steward W. Robinson noticed, as Miss Croon was leading her horse to the plate inspector, its blinkers were missing and drew this to her attention. Mr. Coles confirmed this and said Miss Croon returned to the saddling area with the horse and then it was subsequently brought for plate inspection with blinkers fitted. In response to questioning by Mr. Green Mr. Coles agreed Miss Croon had not reached the plate inspector when notified of the missing blinkers and made no attempt to have the inspection carried out without the blinkers.

Mr. Green queried whether, on this basis, any breach had occurred if the plate inspection had not been carried out. He said he had spoken to Mr. T. McKee about this and had been assured by him of previous occasions when gear had been added as late as when a horse was in the birdcage. In any event Mr. Green submitted the horse had not been presented if at the time it had not had the plate inspection carried out and there was every opportunity for the gear to be added as in fact had occurred here before the inspection was carried out.

Mr. Oatham said it was not at the plate inspection that gear is expected by the Stewards to be correct and while gear might be added after that it was, in the opinion of the Stewards, a breach for any gear to be found missing whenever the Stewards were carrying out their checks while the field was being presented for inspection.

The Committee has considered the evidence and submissions and notes that Rule 868 (5) provides as follows:

"Every Trainer commits a breach of these Rules if a horse trained by him is run or attempted to be run in any race;

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1. in breach of any of the provisions of this Rule; or
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2. other than in accordance with the last permission (if any) obtained from a Stipendiary Steward pursuant to sub-Rules (2) or (3) of this Rule whether or not such permission was obtained in respect of such race."
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Therefore the issue here is not whether FLYNN"S FLIGHT has been presented for the plate inspection but whether at the time the Stewards' inspection was carried out there had been any attempt to run in the race without the necessary gear.

The Stipendiary Stewards' position is that by taking the horse to the place where the plate inspections and gear inspections were being carried out was an attempt to run for the purposes of the Rule and Mr. Green argued that any such attempt had to be after the plate inspection. The Committee accepts the position as outlined by the Stipendiary Stewards and is satisfied they were carrying out their inspection precisely to prevent the running of a horse without the necessary gear. Having identified FLNN?S FLIGHT without blinkers as required this then establishes a breach of the Rule at that point.

After considering submissions on penalty and noting that Miss Croon had previously been fined $100 for a breach of this Rule in January 2006 at Auckland a fine of $150 was ordered for the breach on this occasion.

E. F. Doherty, CHAIRMAN

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hearing_type: Old Hearing

Rules: 868.5

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raceid: 57a334aec180db915cc8584aa00b108e

race_expapproval:

racecancelled: 0

race_noreport: 0

race_emailed1: 0

race_emailed2: 0

race_title: Race 4

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meetid: 5b448efe4d611de9adba21ad6f408910

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meet_noreport: 0

waitingforpublication: 0

meet_emailed1: 0

meet_emailed2: 0

meetdate: 06/12/2006

meet_title: Avondale JC - 6 December 2006

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tracklocation: avondale-jc

meet_racingtype: thoroughbred-racing

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name: Avondale JC