Archive Decision

This decision has been migrated from the JCA website. Information is accurate but formatting may differ from contemporary decisions. Please contact us for any further enquiries.

Cambridge-Te Awamutu HRC 14 January 2011 – R 2

ID: JCA16851

Applicant:
Mr Taumanu - Stipendiary Steward

Respondent(s):
Messrs B Purdon and S Phelan

Information Number:
69407

Hearing Type:
Hearing

Rules:
864(2)(d)

Plea:
denied

Meet Title:
Cambridge - Te Awamutu HRC - 14 January 2011

Meet Chair:
BRowe

Meet Committee Member 1:
GJones

Race Date:
2011/01/14

Race Number:
R 2

Decision:

For the above reasons the charge is proved.

Penalty:

A fine of $250 is imposed.

Charge:

Trainers Messrs Purdon and Phelan failed to apply the side carriers on horse SUPREMACY’s hopples as to not come adrift.

Facts:

Mr Taumanu said that during the running of the race a side carrier hopple on SUPREMACY came undone and worked its way up. He said the gear was examined and found to be in excellent order. He said Mr Phelan was interviewed and said the carrier had been taped.

Submissions for Decision:

Mr Taumanu said the same thing had happened when SUPREMACY raced on the 17th December 2010. Mr Taumanu said the tape might not have been put in the right place.
Mr Phelan did not cross examine Mr Taumanu. Mr Phelan said that after the previous incident all stable horses had this gear taped when racing. He confirmed the hopple carrier was taped prior to the race tonight and said “we can’t do any more”.

Mr Taumanu did not cross examine Mr Phelan.

Reasons for Decision:

Rule 1008 provides that rule 864(2)(d) is a strict liability rule. The facts are not in dispute. The gear did come adrift. It is the responsibility of the trainer to ensure such gear is properly affixed.

Submissions for Penalty:

Mr Taumanu said a $200 fine had been imposed for the previous breach referred to. He said the recommended starting point for penalty is a $250 fine. He said the defendants ran a professional stable and that this breach did not warrant any excessive increase on the previous fine.

Mr Phelan said he would leave the question of penalty to the committee.

Reasons for Penalty:

In fixing penalty the committee takes into account the submissions of Mr Taumanu and Mr Phelan, the previous breach of the rule, the recommended starting point and the efforts taken by the defendants to prevent any further breach of this rule occurring.

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: aa6858e9b22b999f33c8e14ea0b87c74


informantnumber: 69407


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: denied


penaltyrequired: 1


decisiondate: 31/12/2010


hearing_title: Cambridge-Te Awamutu HRC 14 January 2011 - R 2


charge:

Trainers Messrs Purdon and Phelan failed to apply the side carriers on horse SUPREMACY’s hopples as to not come adrift.


facts:

Mr Taumanu said that during the running of the race a side carrier hopple on SUPREMACY came undone and worked its way up. He said the gear was examined and found to be in excellent order. He said Mr Phelan was interviewed and said the carrier had been taped.


appealdecision:


isappeal:


submissionsfordecision:

Mr Taumanu said the same thing had happened when SUPREMACY raced on the 17th December 2010. Mr Taumanu said the tape might not have been put in the right place.
Mr Phelan did not cross examine Mr Taumanu. Mr Phelan said that after the previous incident all stable horses had this gear taped when racing. He confirmed the hopple carrier was taped prior to the race tonight and said “we can’t do any more”.

Mr Taumanu did not cross examine Mr Phelan.


reasonsfordecision:

Rule 1008 provides that rule 864(2)(d) is a strict liability rule. The facts are not in dispute. The gear did come adrift. It is the responsibility of the trainer to ensure such gear is properly affixed.


Decision:

For the above reasons the charge is proved.


sumissionsforpenalty:

Mr Taumanu said a $200 fine had been imposed for the previous breach referred to. He said the recommended starting point for penalty is a $250 fine. He said the defendants ran a professional stable and that this breach did not warrant any excessive increase on the previous fine.

Mr Phelan said he would leave the question of penalty to the committee.


reasonsforpenalty:

In fixing penalty the committee takes into account the submissions of Mr Taumanu and Mr Phelan, the previous breach of the rule, the recommended starting point and the efforts taken by the defendants to prevent any further breach of this rule occurring.


penalty:

A fine of $250 is imposed.


hearing_type: Hearing


Rules: 864(2)(d)


Informant: Mr Taumanu - Stipendiary Steward


JockeysandTrainer: Messrs B Purdon and S Phelan


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 1aa5244f874229aa0e930ca7f84d1b9f


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 2


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 2b1f4e6e1233481167113f0d14b93073


meet_expapproval: approved


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 14/01/2011


meet_title: Cambridge - Te Awamutu HRC - 14 January 2011


meet_expappcomment:


meet_km: [{"Comment": [], "MemberRole": "Panel member 1 ", "MemberID": "GJones", "Member": "", "OtherExpenses": "0", "KMs": "270", "Total": "167.4", "kmprice": 167.40000000000001, "Approved": "on"}]


meet_otherexp:


tracklocation: cambridge-te-awamutu-hrc


meet_racingtype: harness-racing


meet_chair: BRowe


meet_pm1: GJones


meet_pm2: none


name: Cambridge - Te Awamutu HRC