Hawera HRC 7 April 2012 – R 9 (heard on 9 April 2012 at Hawera)
ID: JCA18266
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 9
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Mr J Muirhead - Stipendiary Steward
Defendant: Mr P Scaife - Public Trainer
Information No: A4612
Meeting: Hawera Harness Racing Club
Date: 7 April 2012 (heard on 9 April 2012 at Hawera)
Venue: Hawera
Race: 9
Rule No: 865 (2)
Judicial Committee: Paul Williams, Chairman – Ian Smith, Committee Member
Plea: Not Admitted
Also Present: Mr L Tidmarsh, Stipendiary Steward
Facts
Following the running of race 9 on the first day of the 2 day Hawera HRC’s Easter meeting, information A4612 was filed by Stipendiary Steward Mr J Muirhead under Rule 865(2). The information stated that “trainer P Scaife presented MIRACLE MACH without the notified 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 Scaife signed the information saying he did not 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 Scaife by the Chairman that as he has had two or more breaches of Rule 865(2) in the previous 365 days, having been charged and fined on 29 December 2011 and 2 January 2012, 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 9 he noticed the previously notified removable deafeners were not being worn by “Miracle Mach” and asked the driver, Mr Z Butcher to return to the stabling area and have them put on the horse.
Mr Scaife was asked if he disputed the facts as presented by Mr Tidmarsh. He said that he did not dispute the facts but did dispute that he had presented his horse to race as it had not entered the birdcage. He said he believed it was normal practice to check the gear as the horses entered the birdcage and not before.
Mr Muirhead said that the farrier inspection chute had been the designated inspection for all races on the day and when “Miracle Mach” was driven into the designated area for inspection it had been presented to race. Once into the designated area there was a single lane walkway down to the birdcage which meant that on entering the inspection area, which Mr Muirhead said was part of the “Assembly Area” the horse had passed the point of no return.
Mr Scaife said he did not agree and that in his view the point of no return was when the horse entered the birdcage.
Decision
The Committee has considered the submissions of all the parties. The Chairman explained to Mr Scaife that during another hearing into a breach of the same rule on Saturday the same Committee had visited the area where the horses were being inspected. This visit by coincidence took place before Race 9 and the Committee witnessed “Miracle Mach” being presented without its removable deafeners and Mr Butcher being asked to return to the stabling area to have the gear put on the horse. The Committee notes that the definition of “Assembly Area” within the Rules of Harness Racing “means the Birdcage, Parade Ring or other area where horses are assembled prior to entering the track for the purposes of a race”. We are satisfied that at the designated inspection point on this track for this meeting “Miracle Mach” was presented to race and taking all the above into account the Committee finds the charged proved.
Submissions on Penalty
Mr Muirhead said this was Mr Scaife’s third breach of Rule 865(2) in the past 12 months but as he had not breached the Rule since 2 January 2012 he submitted a fine of $100 was the appropriate penalty.
Mr Scaife had no comment to make but did ask for, and was given, an explanation of why an Information had been laid and not a Minor Infringement Notice.
Reasons for Decision
This is Mr Scaife’s third breach of Rule 865(2) in the past 12 months and in fact his third breach of the Rule since 29 December 2011. The Committee does not agree that by not having breached the Rule since 2 January 2012 the penalty should be that specified in the Minor Infringement Notice Schedule of Penalties ($100). The Committee also notes that when Mr Scaife breached the Rule on 2 January 2012 it was, at the time, his third breach in 12 months and he was fined $200.
Penalty
On this occasion we believe a fine is an appropriate penalty and Mr Scaife is fined $150.
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: 04a46e1c1d8e8a6010ee3d13e4ee585e
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 9 (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: Mr P Scaife - Public Trainer
Information No: A4612
Meeting: Hawera Harness Racing Club
Date: 7 April 2012 (heard on 9 April 2012 at Hawera)
Venue: Hawera
Race: 9
Rule No: 865 (2)
Judicial Committee: Paul Williams, Chairman – Ian Smith, Committee Member
Plea: Not Admitted
Also Present: Mr L Tidmarsh, Stipendiary Steward
Facts
Following the running of race 9 on the first day of the 2 day Hawera HRC’s Easter meeting, information A4612 was filed by Stipendiary Steward Mr J Muirhead under Rule 865(2). The information stated that “trainer P Scaife presented MIRACLE MACH without the notified 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 Scaife signed the information saying he did not 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 Scaife by the Chairman that as he has had two or more breaches of Rule 865(2) in the previous 365 days, having been charged and fined on 29 December 2011 and 2 January 2012, 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 9 he noticed the previously notified removable deafeners were not being worn by “Miracle Mach” and asked the driver, Mr Z Butcher to return to the stabling area and have them put on the horse.
Mr Scaife was asked if he disputed the facts as presented by Mr Tidmarsh. He said that he did not dispute the facts but did dispute that he had presented his horse to race as it had not entered the birdcage. He said he believed it was normal practice to check the gear as the horses entered the birdcage and not before.
Mr Muirhead said that the farrier inspection chute had been the designated inspection for all races on the day and when “Miracle Mach” was driven into the designated area for inspection it had been presented to race. Once into the designated area there was a single lane walkway down to the birdcage which meant that on entering the inspection area, which Mr Muirhead said was part of the “Assembly Area” the horse had passed the point of no return.
Mr Scaife said he did not agree and that in his view the point of no return was when the horse entered the birdcage.
Decision
The Committee has considered the submissions of all the parties. The Chairman explained to Mr Scaife that during another hearing into a breach of the same rule on Saturday the same Committee had visited the area where the horses were being inspected. This visit by coincidence took place before Race 9 and the Committee witnessed “Miracle Mach” being presented without its removable deafeners and Mr Butcher being asked to return to the stabling area to have the gear put on the horse. The Committee notes that the definition of “Assembly Area” within the Rules of Harness Racing “means the Birdcage, Parade Ring or other area where horses are assembled prior to entering the track for the purposes of a race”. We are satisfied that at the designated inspection point on this track for this meeting “Miracle Mach” was presented to race and taking all the above into account the Committee finds the charged proved.
Submissions on Penalty
Mr Muirhead said this was Mr Scaife’s third breach of Rule 865(2) in the past 12 months but as he had not breached the Rule since 2 January 2012 he submitted a fine of $100 was the appropriate penalty.
Mr Scaife had no comment to make but did ask for, and was given, an explanation of why an Information had been laid and not a Minor Infringement Notice.
Reasons for Decision
This is Mr Scaife’s third breach of Rule 865(2) in the past 12 months and in fact his third breach of the Rule since 29 December 2011. The Committee does not agree that by not having breached the Rule since 2 January 2012 the penalty should be that specified in the Minor Infringement Notice Schedule of Penalties ($100). The Committee also notes that when Mr Scaife breached the Rule on 2 January 2012 it was, at the time, his third breach in 12 months and he was fined $200.
Penalty
On this occasion we believe a fine is an appropriate penalty and Mr Scaife is fined $150.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 865(2)
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 4532cc0a16e8bbe2b72786b94d4519d8
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race_title: R 9
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meetdate: 07/04/2012
meet_title: Hawera HRC - 7 April 2012
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name: Hawera HRC