Gore RC – 12 October 2008 –

hearingid: 5d71300dbca8003ae4e1a4e294c38fed

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hearing_racingtype: harness-racing

startdate: 12/10/2008

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hearing_title: Gore RC - 12 October 2008 -

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Mr Davidson, Stipendiary Steward, alleged a breach of rule 1002(1)(b) in that Mr Khairil rode track work at Omakau racecourse on Saturday 11 October 2008 in breach of the NZTR directive on body protectors, in that he failed to wear both an approved safety vest and a safety helmet. He admits the breach. We find the charge proved.

Mr Ching, stipendiary steward, was asked by Mr Davidson to outline the events on the day in question. Mr Ching explained that he was conducting a track inspection when he saw a horse being worked on the track. He observed that the rider, who was Mr Khairil, was not wearing a safety vest and had on a woollen hat instead of a skull cap. Mr Hamilton and Mr Khairil accepted Mr Ching’s account.

Mr Davidson asked for a penalty in the range of $900 to $1000. We should not have to emphasise that there is a safety issue involved here. The directive is promulgated for the protection of track riders. We take into account that Mr Khairil has expressly apologised to the Committee for his actions and has said he will not ride in such a manner again. Mr Hamilton did not wish to make any submission as to penalty.

We give credit to Mr Khairil’s guilty plea and the fact that this is his first breach of this Rule. We also note the $500 suggested penalty in the Penalty Guide, but treat it as just that, a guide. There is a need for parity between penalties imposed for similar breaches of the rules. We are aware that recent penalties in the South Island for breaches of this rule by first offenders who plead guilty are in the range of $300 to $350. Indeed, we have imposed a fine of $350 on another defendant earlier today. In the North Island $400 has been imposed. However, these penalties relate to a failure to wear a safety vest. We regard the failure to wear a safety helmet as more serious than a failure to wear a vest and believe a $500 fine is appropriate for this breach. Together with a $350 fine for the failure to wear a vest, the total fine would be $850. However, we believe a small discount is appropriate because the 2 omissions arose out of the one incident of riding. Taking all these matters into account, we fine Mr Khairil the sum of $750 and remind him in no uncertain terms of his obligations under the Rules of Racing.

G Hall             Chairman

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hearing_type: Old Hearing

Rules: 1002.1.b

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