Archive Decision

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Hawkes Bay RI – 15 October 2009 – Race 4

ID: JCA22804

Hearing Type:
Old Hearing

Rules:
802.1.a

Code:
Thoroughbred

Hearing Type (Code):
thoroughbred-racing

Meet Title:
Hawkes Bay RI - 15 October 2009

Race Date:
2009/10/15

Race Number:
Race 4

Decision:

Mr. F. Finnegan was charged with a breach of Rule 802(1) (a) the information alleging that he failed to wear a race number when directed to do so by a Stipendiary Steward.
 



Mr. F. Finnegan was charged with a breach of Rule 802(1) (a) the information alleging that he failed to wear a race number when directed to do so by a Stipendiary Steward.
 
Rule 802(1) (a) reads:
A person who commits a breach of these Rules who:
(a) Acts in contravention of or fails to comply with any provision of these Rules or any Regulations made thereunder, or any policy, notice, direction, instruction, guideline, restriction, requirement or condition given, made or imposed under these Rules.

--

Mr. Finnegan admitted the breach.

--

Mr. Bateup explained the incident which led to the charge. He told the committee that prior to Race 4 today Mr. Finnegan was leading the horse DAL BELUSHI, in the parade ring. Mr. Bateup noticed that he was not wearing a bib but was carrying one on his arm.
Mr. Bateup asked him to put the bib on and Mr. Finnegan refused saying that he was not going to wear it.

--

Mr. Finnegan agreed that that was exactly what happened. He told the committee that he objected to the wearing of the bibs for many reasons and that since it wasn’t a rule he was not prepared to do so.

--

Mr. Williamson said that while Mr. Finnegan had failed to follow a directive of a Steward he had not been disrespectful in any way towards Mr. Bateup.

--

Mr. Neal said that wearing a number bib was not an unreasonable request to make.  Racing clubs were trying to portray racing in a professional way and no other person had ever complained about wearing them.

--

The Stewards considered this a minor issue and submitted that a monetary penalty in the region of $200 - $300 was appropriate.

--

Mr. Finnegan said that was a ridiculous fine and that the issue was an ongoing one.

--

Penalty

--

Mr. Finnegan admitted the breach of Rule 802 (1) (a) so the committee only had to adjudicate on penalty.

--

We took into account all of the submissions put before us including Mr. Finnegan’s admission of the breach.

--

It was our opinion that the matter be dealt with by way of a monetary penalty and while acknowledging Mr Finnegan’s strong feelings on this matter he clearly failed to follow a reasonable request by a steward.

--

Mr Finnegan is fined the sum of $200.

--

N.Moffatt  C.McKay
CHAIR  Committee Member
7542

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: ddac0b4e8b71d63a125c5746abfe811e


informantnumber:


horsename:


hearing_racingtype: thoroughbred-racing


startdate: 15/10/2009


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Hawkes Bay RI - 15 October 2009 - Race 4


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr. F. Finnegan was charged with a breach of Rule 802(1) (a) the information alleging that he failed to wear a race number when directed to do so by a Stipendiary Steward.
 



Mr. F. Finnegan was charged with a breach of Rule 802(1) (a) the information alleging that he failed to wear a race number when directed to do so by a Stipendiary Steward.
 
Rule 802(1) (a) reads:
A person who commits a breach of these Rules who:
(a) Acts in contravention of or fails to comply with any provision of these Rules or any Regulations made thereunder, or any policy, notice, direction, instruction, guideline, restriction, requirement or condition given, made or imposed under these Rules.

--

Mr. Finnegan admitted the breach.

--

Mr. Bateup explained the incident which led to the charge. He told the committee that prior to Race 4 today Mr. Finnegan was leading the horse DAL BELUSHI, in the parade ring. Mr. Bateup noticed that he was not wearing a bib but was carrying one on his arm.
Mr. Bateup asked him to put the bib on and Mr. Finnegan refused saying that he was not going to wear it.

--

Mr. Finnegan agreed that that was exactly what happened. He told the committee that he objected to the wearing of the bibs for many reasons and that since it wasn’t a rule he was not prepared to do so.

--

Mr. Williamson said that while Mr. Finnegan had failed to follow a directive of a Steward he had not been disrespectful in any way towards Mr. Bateup.

--

Mr. Neal said that wearing a number bib was not an unreasonable request to make.  Racing clubs were trying to portray racing in a professional way and no other person had ever complained about wearing them.

--

The Stewards considered this a minor issue and submitted that a monetary penalty in the region of $200 - $300 was appropriate.

--

Mr. Finnegan said that was a ridiculous fine and that the issue was an ongoing one.

--

Penalty

--

Mr. Finnegan admitted the breach of Rule 802 (1) (a) so the committee only had to adjudicate on penalty.

--

We took into account all of the submissions put before us including Mr. Finnegan’s admission of the breach.

--

It was our opinion that the matter be dealt with by way of a monetary penalty and while acknowledging Mr Finnegan’s strong feelings on this matter he clearly failed to follow a reasonable request by a steward.

--

Mr Finnegan is fined the sum of $200.

--

N.Moffatt  C.McKay
CHAIR  Committee Member
7542


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Old Hearing


Rules: 802.1.a


Informant:


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 7e8688d71d108d6f9011ab85f32fe298


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: Race 4


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 0e1dc28c6355f8a730b81b0e470897c1


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 15/10/2009


meet_title: Hawkes Bay RI - 15 October 2009


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: hawkes-bay-ri


meet_racingtype: thoroughbred-racing


meet_chair:


meet_pm1:


meet_pm2:


name: Hawkes Bay RI