Cambridge – Te Awamutu HRC – 9 April 2009 –

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startdate: 09/04/2009

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hearing_title: Cambridge - Te Awamutu HRC - 9 April 2009 -

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Stipendiary Steward Mr T TAUMANU lodged an information following Race 2 alleging that trainer Mr R BROSNAN had failed to notify the removeable earplugs and murphy blind for JAZMIN ALICIA for the race.

Stipendiary Steward Mr T TAUMANU lodged an information following Race 2 alleging that trainer Mr R BROSNAN had failed to notify the removeable earplugs and murphy blind for JAZMIN ALICIA for the race.

Mr Brosnan denied the charge and was present for the hearing.

Mr Taumanu explained to the committee that the relevant regulation had recently been amended and was effective from the first of April 2009.  After promulgation the requirements had been publicised for the preceeding 6 to 8 weeks in the Harness Racing Weekly, sent to all licence holders.  He produced a copy of the Weekly which showed the Rule change and the reporting requirements

Where previously any gear changes could have been advised through the Racing Clubs, the amendment stipulated that such changes were now to be notified through HRNZ with certain time constraints.  HRNZ had not been informed of the gear changes.

Mr Brosnan in denying the charge, explained how he had notified the Cambridge HRC Manager  Mr K Wells and the Office Manager Mrs J Alexander.  They accepted this advice as they had done in prior occasions and when he later told them he had been charged they were not aware of the changes to the reporting requirements.  He expressed his concern that those closely involved with the proceedure were not aware and suggested that few in the industry were familiar with the change.  Mrs Alexander was called as a witness and supported Mr Brosnan's contention.

Decision

The Committee found the charge had been established being satisifed that the Rule changes had been fairly notified through the recognised notices in the Harness Racing Weekly which is sent to all Licence Holders in the Industry.  Although there was potential for some confusion arising from the wording of the Notice the responsibility remained that HRNZ be advised of any changes.

Mr Taumanu in submissions on penalty advise the starting point was a fine of $100 but because the charge was brought to primarily reinforce the  reporting changes to industry participants requested a fine of $50.00 for this breach.

Taking all matters into account and recognising the intention of the Stipendiary Stewards to highlight the changes to the Rules a fine of $50 was applied.

J Holloway    B Rowe
Chair             Member

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