Archive Decision

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HR Waikato 7 March 2017 – R 7 – Chair, Mr A Godsalve

ID: JCA18234

Applicant:
Mr S Mulcay - Senior Stipendiary Steward

Respondent(s):
Ms A Mathews-Trainer of JUDE'S DREAM

Information Number:
A7019

Hearing Type:
Hearing

New Charge:
Failing to affix gear

Rules:
Rule 864(2)(d)

Plea:
admitted

Meet Title:
Harness Racing Waikato - 7 March 2017

Meet Chair:
AGodsalve

Race Date:
2017/03/07

Race Number:
R7

Decision:

As Ms Mathews has admitted the breach the charge is proved.

Penalty:

We therefor impose a fine of $250 on Ms Mathews.

Facts:

Following the running of Race 7, the SEAN McCAFFREY FAREWELL MOBILE PACE an Information was presented by Mr Mulcay alleging that Ms A Mathews, the trainer of JUDE'S GEM had failed to affix the off side rein so as not to come adrift on JUDE'S GEM.

Ms Mathews was not present at the hearing. She has indicated on the Information that she admitted the breach, and added 'I do not wish to be present and accept whatever penalty deemed appropriate', and has signed this notation.

Rule 864 (2)(d) provides that 'Every horseman, owner, trainer and assistant thereof shall with regard to that horse ensure that -all gear is correctly applied and/or affixed so as not to malfunction or come adrift'.

Using the available film Mr Mulcay pointed out that at approximately 1900m from the finish the off side rein on JUDE'S GEM came adrift. Driver Mr J Abernethy was forced to steer the horse inside the marker line, resulting in PRIME LUSTRE, driven by Mr A Poutama also being forced into that position. Mr Poutama assisted Mr Abernethy by taking hold of JUDE'S GEM's bridle for safety reasons. As a result of this incident both horses were retired from the race. 

As stated Ms Mathews was not present at the hearing to make any comment.

Submissions for Penalty:

Mr Mulcay advised the Committee that usually a breach of this type would have been dealt with by the Minor Incident Notice scheme. However he added that the Stewards believed this particular breach was serious in that two horses were retired from the race, and deemed that it should be dealt with by way of an Information.  A fine of $100 was usually the penalty if dealt with per the MIN system: on this occasion Mr Mulcay stated that the Stewards considered a fine of approximately $250 would be appropriate.

Reasons for Penalty:

The Committee took into account that as a result of Ms Mathews not affixing the rein properly her own horse had been withdrawn mid-race due to it being unable to be controlled. As a result, the horse PRIME LUSTRE was also taken out of the race. Mr Poutama, the driver of PRIME LUSTRE is to be commended in taking the action he did. However a fine higher than usually resulting from the MIN system is called for.

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: ff1a8e654764183e3567a8b1bb8bf00d


informantnumber: A7019


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Failing to affix gear


plea: admitted


penaltyrequired: 1


decisiondate: 08/03/2017


hearing_title: HR Waikato 7 March 2017 - R 7 - Chair, Mr A Godsalve


charge:


facts:

Following the running of Race 7, the SEAN McCAFFREY FAREWELL MOBILE PACE an Information was presented by Mr Mulcay alleging that Ms A Mathews, the trainer of JUDE'S GEM had failed to affix the off side rein so as not to come adrift on JUDE'S GEM.

Ms Mathews was not present at the hearing. She has indicated on the Information that she admitted the breach, and added 'I do not wish to be present and accept whatever penalty deemed appropriate', and has signed this notation.

Rule 864 (2)(d) provides that 'Every horseman, owner, trainer and assistant thereof shall with regard to that horse ensure that -all gear is correctly applied and/or affixed so as not to malfunction or come adrift'.

Using the available film Mr Mulcay pointed out that at approximately 1900m from the finish the off side rein on JUDE'S GEM came adrift. Driver Mr J Abernethy was forced to steer the horse inside the marker line, resulting in PRIME LUSTRE, driven by Mr A Poutama also being forced into that position. Mr Poutama assisted Mr Abernethy by taking hold of JUDE'S GEM's bridle for safety reasons. As a result of this incident both horses were retired from the race. 

As stated Ms Mathews was not present at the hearing to make any comment.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Ms Mathews has admitted the breach the charge is proved.


sumissionsforpenalty:

Mr Mulcay advised the Committee that usually a breach of this type would have been dealt with by the Minor Incident Notice scheme. However he added that the Stewards believed this particular breach was serious in that two horses were retired from the race, and deemed that it should be dealt with by way of an Information.  A fine of $100 was usually the penalty if dealt with per the MIN system: on this occasion Mr Mulcay stated that the Stewards considered a fine of approximately $250 would be appropriate.


reasonsforpenalty:

The Committee took into account that as a result of Ms Mathews not affixing the rein properly her own horse had been withdrawn mid-race due to it being unable to be controlled. As a result, the horse PRIME LUSTRE was also taken out of the race. Mr Poutama, the driver of PRIME LUSTRE is to be commended in taking the action he did. However a fine higher than usually resulting from the MIN system is called for.


penalty:

We therefor impose a fine of $250 on Ms Mathews.


hearing_type: Hearing


Rules: Rule 864(2)(d)


Informant: Mr S Mulcay - Senior Stipendiary Steward


JockeysandTrainer: Ms A Mathews-Trainer of JUDE'S DREAM


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: e099ffda023f5a7557c34011def97ead


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R7


submittochair:


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meetid: b1c7b50e1b34a5f8f17618ebef7bca42


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meet_noreport: 0


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meetdate: 07/03/2017


meet_title: Harness Racing Waikato - 7 March 2017


meet_expappcomment:


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tracklocation: harness-racing-waikato


meet_racingtype: harness-racing


meet_chair: AGodsalve


meet_pm1: none


meet_pm2: none


name: Harness Racing Waikato