Archive Decision

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Cambridge-Te Awamutu HRC 24 December 2010 – R 3

ID: JCA12366

Respondent(s):
A and L Neal, Trainers

Information Number:
69403

Hearing Type:
Hearing

Rules:
Rule 864(2)(d)

Plea:
admitted

Meet Title:
Cambridge - Te Awamutu HRC - 24 December 2010

Meet Chair:
JHolloway

Meet Committee Member 1:
BScott

Race Date:
2010/12/24

Race Number:
R3

Decision:

The breach was admitted so we the find the charge proved.

Penalty:

A fine of $250 was ordered.

Charge:

Failure to properly affix the connecting hopple strap to 'Pumped Up' so that it came adrift during the race.

Facts:

Stipendiary Steward Mr N Ydgren lodged an information following race 3 alleging that Trainers A & L Neal committed a breach of Rule 869(2)(d)  by failing to properly affix the connecting hopple strap to Pumped Up with the strap coming adrift and eventually falling onto the track with approx 200 metres to run.

Mr Neal appeared for the hearing agreed he was familiar with the rule and confirmed his guilty plea

Mr Ydgren referred to video footage of the race to identify the horse Pumped Up driven by Mr Neal and showed the horses progress through the race indicating the stage at which the strap came adrift before finally falling onto the track in the home straight.

No other horse was inconvenienced by the failure.

Submissions for Penalty:

Mr Ydgren contended the breach was at the lower end of the scale.  There had been a similar breach within the previous 12 months.  The guidelines indicated a starting point of $250. This was a matter that could be proceeded with by way of Minor infringment notice however Mr Neal had wished to make submissions on penalty.

Mr Neal agreed the breach was one of strict liability that came back on the trainer however the straps were not made in the same manner or quality as previously and because of this a number of trainers had begun putting additional strapping  in the form of electrical tape or similar to further reduce the possibility of the straps coming adrift.  In the current economic climate a fine of $250 was in his opinion excessive and beyond the affordability of most trainers particularly when this same penalty was also applied to other more serious breaches.

Reasons for Penalty:

The breach although at the lower end of the scale had potential to impact on the safe running of the race.  Although Mr Neals submissions were frank and helpful the responsibility for this breach rests with the trainers who had admitted a similar breach in May 2009. 

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: 53904ac84e7eac34d23c4a26cda7e527


informantnumber: 69403


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 09/12/2010


hearing_title: Cambridge-Te Awamutu HRC 24 December 2010 - R 3


charge:

Failure to properly affix the connecting hopple strap to 'Pumped Up' so that it came adrift during the race.


facts:

Stipendiary Steward Mr N Ydgren lodged an information following race 3 alleging that Trainers A & L Neal committed a breach of Rule 869(2)(d)  by failing to properly affix the connecting hopple strap to Pumped Up with the strap coming adrift and eventually falling onto the track with approx 200 metres to run.

Mr Neal appeared for the hearing agreed he was familiar with the rule and confirmed his guilty plea

Mr Ydgren referred to video footage of the race to identify the horse Pumped Up driven by Mr Neal and showed the horses progress through the race indicating the stage at which the strap came adrift before finally falling onto the track in the home straight.

No other horse was inconvenienced by the failure.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

The breach was admitted so we the find the charge proved.


sumissionsforpenalty:

Mr Ydgren contended the breach was at the lower end of the scale.  There had been a similar breach within the previous 12 months.  The guidelines indicated a starting point of $250. This was a matter that could be proceeded with by way of Minor infringment notice however Mr Neal had wished to make submissions on penalty.

Mr Neal agreed the breach was one of strict liability that came back on the trainer however the straps were not made in the same manner or quality as previously and because of this a number of trainers had begun putting additional strapping  in the form of electrical tape or similar to further reduce the possibility of the straps coming adrift.  In the current economic climate a fine of $250 was in his opinion excessive and beyond the affordability of most trainers particularly when this same penalty was also applied to other more serious breaches.


reasonsforpenalty:

The breach although at the lower end of the scale had potential to impact on the safe running of the race.  Although Mr Neals submissions were frank and helpful the responsibility for this breach rests with the trainers who had admitted a similar breach in May 2009. 


penalty:

A fine of $250 was ordered.


hearing_type: Hearing


Rules: Rule 864(2)(d)


Informant:


JockeysandTrainer: A and L Neal, Trainers


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 52f2e52365ca758a33e09f107dce4b4a


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R3


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 70c88ad64c79f8a319386671c22071f7


meet_expapproval: approved


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 24/12/2010


meet_title: Cambridge - Te Awamutu HRC - 24 December 2010


meet_expappcomment:


meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "JHolloway", "Member": "", "OtherExpenses": "0", "KMs": "138", "Total": "85.56", "kmprice": 85.560000000000002, "Approved": "on"}]


meet_otherexp:


tracklocation: cambridge-te-awamutu-hrc


meet_racingtype: harness-racing


meet_chair: JHolloway


meet_pm1: BScott


meet_pm2: none


name: Cambridge - Te Awamutu HRC