Invercargill HRC 22 January 2018 – R 7 – Chair, Mr P Knowles
ID: JCA12826
Meet Title:
Invercargill HRC - 22 January 2018
Meet Chair:
PKnowles
Meet Committee Member 1:
VMUnro
Race Date:
2018/01/22
Race Number:
R 7
Decision:
Mr McEwan admitted the breach and it is found proved.
Penalty:
Mr McEwan is fined $100.
Facts:
Following the running of Race 7, the For Great Coats Use Livamol Mobile Pace, an Information was filed by Mr Tidmarsh, alleging that Mr McEwan the trainer of LEAH MAC, “failed to affix the centre carrier of hopple so as to not come adrift. As a result of this Leah Mac broke and lost all chance.”
Rule 864 (2) reads:
Every horseman, owner, trainer and assistant thereof of a horse shall with regard to that horse ensure that:-
(d) all gear is correctly applied and/or affixed so as not to malfunction or come adrift.
Mr McEwan admitted the breach and appeared at the hearing.
Mr Tidmarsh stated Leah Mac (D Dunn) was leading the field approaching the 600m mark. A hopple carrier strap came adrift and about the 600m mark Leah Mac stepped on it causing it to break from its gait. He said Mr Dunn immediately took the horse inside the track markers for safety and the horse was eventually pulled up. He stated Stewards inspected the gear after the event and a carrier buckle was bent but not broken.
Mr McEwan stated the hopples were brand new and were being used for the second time. He was adamant he had affixed the gear properly and this was the first time he’d had a horse experience gear failure in 46 years training and racing horses.
Submissions for Penalty:
Mr Tidmarsh stated that Stewards normally charged similar offences under the Minor Infringement Notice which carried a mandatory $100 fine. However Stewards had opted to file and information due to the consequential effects of the gear not being affixed properly. He said punters were adversely affected by Leah Mac having to be retired from the event. He sought an uplift to a fine of $200.
Mr McEwan made no specific submissions as to penalty.
Reasons for Penalty:
The Stewards lodged an information as opposed to a Minor Infringement Notice on the basis that the consequential effects of the breach resulted in Leah Mac being retired from the event with the betting public being adversely affected. Under the MIN they were restricted to a mandatory fine of $100 as opposed to an information which allowed them to seek a higher fine.
Mr McEwan admitted the breach and has an excellent record. We believe this breach does not require any uplift.
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: 5d61ee46cfdfb508104622e9c70e0c47
informantnumber: A10405
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: 864 (2) (d)
plea: admitted
penaltyrequired: 1
decisiondate: 23/01/2018
hearing_title: Invercargill HRC 22 January 2018 - R 7 - Chair, Mr P Knowles
charge:
facts:
Following the running of Race 7, the For Great Coats Use Livamol Mobile Pace, an Information was filed by Mr Tidmarsh, alleging that Mr McEwan the trainer of LEAH MAC, “failed to affix the centre carrier of hopple so as to not come adrift. As a result of this Leah Mac broke and lost all chance.”
Rule 864 (2) reads:
Every horseman, owner, trainer and assistant thereof of a horse shall with regard to that horse ensure that:-
(d) all gear is correctly applied and/or affixed so as not to malfunction or come adrift.
Mr McEwan admitted the breach and appeared at the hearing.
Mr Tidmarsh stated Leah Mac (D Dunn) was leading the field approaching the 600m mark. A hopple carrier strap came adrift and about the 600m mark Leah Mac stepped on it causing it to break from its gait. He said Mr Dunn immediately took the horse inside the track markers for safety and the horse was eventually pulled up. He stated Stewards inspected the gear after the event and a carrier buckle was bent but not broken.
Mr McEwan stated the hopples were brand new and were being used for the second time. He was adamant he had affixed the gear properly and this was the first time he’d had a horse experience gear failure in 46 years training and racing horses.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr McEwan admitted the breach and it is found proved.
sumissionsforpenalty:
Mr Tidmarsh stated that Stewards normally charged similar offences under the Minor Infringement Notice which carried a mandatory $100 fine. However Stewards had opted to file and information due to the consequential effects of the gear not being affixed properly. He said punters were adversely affected by Leah Mac having to be retired from the event. He sought an uplift to a fine of $200.
Mr McEwan made no specific submissions as to penalty.
reasonsforpenalty:
The Stewards lodged an information as opposed to a Minor Infringement Notice on the basis that the consequential effects of the breach resulted in Leah Mac being retired from the event with the betting public being adversely affected. Under the MIN they were restricted to a mandatory fine of $100 as opposed to an information which allowed them to seek a higher fine.
Mr McEwan admitted the breach and has an excellent record. We believe this breach does not require any uplift.
penalty:
Mr McEwan is fined $100.
hearing_type: Hearing
Rules: Gear came adrift
Informant: Mr L Tidmarsh - Stipendiary Steward
JockeysandTrainer: Mr W McEwan - Licence To Train
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 59492738b2c2aadb8f004adfea87e74b
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: b0badd4955b7ba19f57ed6d52a806595
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 22/01/2018
meet_title: Invercargill HRC - 22 January 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: invercargill-hrc
meet_racingtype: harness-racing
meet_chair: PKnowles
meet_pm1: VMUnro
meet_pm2: none
name: Invercargill HRC