Hawera HRC 7 April 2012 – R 1 (heard on 9 April 2012 at Hawera)
ID: JCA19733
Hearing Type (Code):
harness-racing
Meet Title:
Hawera HRC - 7 April 2012
Meet Chair:
ISmith
Meet Committee Member 1:
PWilliams
Race Date:
2012/04/07
Race Number:
R 1
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Mr J Muirhead, Stipendiary Steward
Defendant: Messrs Balle and Gillies (Partnership), Public Trainers – represented by
Mr B Hackett
Information No: A4613
Meeting: Hawera Harness Racing Club
Date: 7 April 2012 (heard on 9 April 2012 at Hawera)
Venue: Hawera
Race: 1
Rule No: 865 (2)
Judicial Committee: Paul Williams, Chairman – Ian Smith, Committee Member
Plea: Admitted
Also Present: Mr L Tidmarsh, Stipendiary Steward
Facts
Following the running of race 1 on the first day of the Hawera HRC’s Easter meeting, information A4613 was filed by Stipendiary Steward Mr J Muirhead under Rule 865(2). The information stated that “ Trainers D Balle and O Gillies (represented by Mr B Hackett) presented JOHN JOSEPH without the notifiable removable deafeners”
Because the information could not be heard on Saturday 7 April 2012 it was heard on Monday 9 April 2012.
Rule 865(2) states “Every horse entered in a totalisator race shall be presented in the assembly area prior to the race in the same notifiable gear as notified under sub-rule (1)”
Mr Hackett (representing the Training partnership) signed the information saying he did admit the breach. He confirmed this at the start of the hearing and also that he understood the Rule. It was also explained to Mr Hackett by the Chairman that, as the Balle/Gillies partnership had had two or more breaches of Rule 865(2) in the previous 365 days having been charged and fined on 7 April, 6 May, 13 May, 3 November and 8 December 2011, an Information had been filed rather than the matter being dealt with by way of a Minor Infringement Notice.
Rule 1105A(3c) states “ Where the Licensed person who is alleged to have committed a breach (of the particular Rule set out in the Fourth Schedule – Minor Infringement System) has already committed two or more breaches of that Rule in the period of 365 days immediately preceding the date the breach is committed, then the Stipendiary Steward or Racecourse inspector shall proceed by filing an information with the Judicial Committee in respect of that breach in the normal manner contemplated in Rule 1114”
Submissions
Mr Muirhead said that on day 1 of the meeting Stipendiary Steward Mr Tidmarsh, who was on duty all day in the farrier inspection “chute” used between the stabling area and the walkway to the birdcage, was responsible for checking the brands of all runners presented to race as well as checking that all were in their correct gear.
Mr Tidmarsh said as the horses were being presented for race 1 he noticed the previously notified removable deafeners were not being worn by “John Joseph” and asked the driver, Mr J Dickie to return to the stabling area and have them put on the horse.
Mr Hackett said he was looking after 9 horses that day and the small black removable deafeners were in a black bag and he simply had not seen them.
Decision
As the breach of the rule was admitted the charge was found proved in terms of Rule 1111 (1d).
Submissions on Penalty
Mr Muirhead said this was an error by Mr Hackett and the Balle/Gillies training partnership were not responsible. He submitted that as it was 4 months since their last breach of this Rule the appropriate fine was that specified in the Minor Infringement Notice Schedule of Penalties ($100).
Mr Hackett said that on 22 March the Purdon/Payne training partnership had been fined $100 for a breach of the same Rule in a Group 3 race having had several more breaches in the previous 12 months than the trainers he represented and he thought a fine of $100 was appropriate.
Reasons for Decision
The Committee has taken into account the submissions of both parties, the fact that Mr Hackett was representing the Balle/Gillies partnership, his admittance of the breach and that he was responsible for the gearing up of 9 horses by himself on the day. However, this is Balle/Gillies partnership’s sixth breach of Rule 865(2) in the past 12 months. The Committee does not agree that by not having breached the Rule since 8 December 2011 the penalty should be that specified in the Minor Infringement Notice Schedule of Penalties ($100). The Committee also notes that when partnership breached the Rule on 8 December 2011 they were fined $150.
Penalty
On this occasion we believe a fine is an appropriate penalty and the Balle/Gillies training partnership is fined $150.
JCA Decision Fields (raw)
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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: 641d1634adaa4a12367c8a13cec49824
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 07/04/2012
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Hawera HRC 7 April 2012 - R 1 (heard on 9 April 2012 at Hawera)
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Mr J Muirhead, Stipendiary Steward
Defendant: Messrs Balle and Gillies (Partnership), Public Trainers – represented by
Mr B Hackett
Information No: A4613
Meeting: Hawera Harness Racing Club
Date: 7 April 2012 (heard on 9 April 2012 at Hawera)
Venue: Hawera
Race: 1
Rule No: 865 (2)
Judicial Committee: Paul Williams, Chairman – Ian Smith, Committee Member
Plea: Admitted
Also Present: Mr L Tidmarsh, Stipendiary Steward
Facts
Following the running of race 1 on the first day of the Hawera HRC’s Easter meeting, information A4613 was filed by Stipendiary Steward Mr J Muirhead under Rule 865(2). The information stated that “ Trainers D Balle and O Gillies (represented by Mr B Hackett) presented JOHN JOSEPH without the notifiable removable deafeners”
Because the information could not be heard on Saturday 7 April 2012 it was heard on Monday 9 April 2012.
Rule 865(2) states “Every horse entered in a totalisator race shall be presented in the assembly area prior to the race in the same notifiable gear as notified under sub-rule (1)”
Mr Hackett (representing the Training partnership) signed the information saying he did admit the breach. He confirmed this at the start of the hearing and also that he understood the Rule. It was also explained to Mr Hackett by the Chairman that, as the Balle/Gillies partnership had had two or more breaches of Rule 865(2) in the previous 365 days having been charged and fined on 7 April, 6 May, 13 May, 3 November and 8 December 2011, an Information had been filed rather than the matter being dealt with by way of a Minor Infringement Notice.
Rule 1105A(3c) states “ Where the Licensed person who is alleged to have committed a breach (of the particular Rule set out in the Fourth Schedule – Minor Infringement System) has already committed two or more breaches of that Rule in the period of 365 days immediately preceding the date the breach is committed, then the Stipendiary Steward or Racecourse inspector shall proceed by filing an information with the Judicial Committee in respect of that breach in the normal manner contemplated in Rule 1114”
Submissions
Mr Muirhead said that on day 1 of the meeting Stipendiary Steward Mr Tidmarsh, who was on duty all day in the farrier inspection “chute” used between the stabling area and the walkway to the birdcage, was responsible for checking the brands of all runners presented to race as well as checking that all were in their correct gear.
Mr Tidmarsh said as the horses were being presented for race 1 he noticed the previously notified removable deafeners were not being worn by “John Joseph” and asked the driver, Mr J Dickie to return to the stabling area and have them put on the horse.
Mr Hackett said he was looking after 9 horses that day and the small black removable deafeners were in a black bag and he simply had not seen them.
Decision
As the breach of the rule was admitted the charge was found proved in terms of Rule 1111 (1d).
Submissions on Penalty
Mr Muirhead said this was an error by Mr Hackett and the Balle/Gillies training partnership were not responsible. He submitted that as it was 4 months since their last breach of this Rule the appropriate fine was that specified in the Minor Infringement Notice Schedule of Penalties ($100).
Mr Hackett said that on 22 March the Purdon/Payne training partnership had been fined $100 for a breach of the same Rule in a Group 3 race having had several more breaches in the previous 12 months than the trainers he represented and he thought a fine of $100 was appropriate.
Reasons for Decision
The Committee has taken into account the submissions of both parties, the fact that Mr Hackett was representing the Balle/Gillies partnership, his admittance of the breach and that he was responsible for the gearing up of 9 horses by himself on the day. However, this is Balle/Gillies partnership’s sixth breach of Rule 865(2) in the past 12 months. The Committee does not agree that by not having breached the Rule since 8 December 2011 the penalty should be that specified in the Minor Infringement Notice Schedule of Penalties ($100). The Committee also notes that when partnership breached the Rule on 8 December 2011 they were fined $150.
Penalty
On this occasion we believe a fine is an appropriate penalty and the Balle/Gillies training partnership is fined $150.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 865(2)
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: e41303ae0d798835eaa3e4ce3b9220a6
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race_emailed1: 0
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race_title: R 1
submittochair:
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meetdate: 07/04/2012
meet_title: Hawera HRC - 7 April 2012
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tracklocation: hawera-hrc
meet_racingtype: harness-racing
meet_chair: ISmith
meet_pm1: PWilliams
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name: Hawera HRC