Kaikoura TC – 1 November 2010 – R 10

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startdate: 01/11/2010

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hearing_title: Kaikoura TC - 1 November 2010 - R 10

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Decision:

RACEDAY JUDICIAL COMMITTEE DECISION

Informant:  N M Ydgren, Stipendiary Steward

Defendant:  K T Fairbairn, Licensed Public Trainer

Information No:  69386

Meeting:  Kaikoura Trotting Club

Date:  Monday, 1 November 2010

Venue:  South Bay Racecourse, Kaikoura

Race:  10

Rule No:  865 (2)

Judicial Committee:  R G McKenzie, Chairman – K G Hales, Panellist

Plea:  Not Admitted

Also present:

FACTS:

Information No. 69386 was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Public Trainer, Mr K T Fairbairn, alleging a breach of Rule 865 (2) in that Mr Fairbairn, as the trainer of IT IS MEE, a runner in Race 10, Waves On The Esplanade Handicap Pace, “failed to advise that IT IS MEE would be racing with a removable hood”.

Mr Ydgren informed the Committee that a copy of the information had been served on Mr Fairbairn. Mr Fairbairn had indicated to Mr Ydgren that he did not admit the breach and that he did wish to be present at the hearing of the information. Mr Ydgren said that Mr Fairbairn had refused to sign the information form. Mr Fairbairn had since informed Mr Ydgren that he did not intend to attend the hearing.

The Committee was satisfied that service of the information had been effected on Mr Fairbairn, that he was aware that the hearing of the information would take place after Race 10 and, further, that he had informed Mr Ydgren that he did not intend to attend the hearing. Some 20-25 minutes had elapsed since the running of Race 10 before the hearing commenced and Mr Fairbairn did not appear.

The hearing proceeded in Mr Fairbairn’s absence pursuant to Rule 1109 (1).

Rule 865 provides as follows:

(2)   Every horse entered in a totalisator race shall be presented in the assembly area prior to the race in the same notifiable gear as that notified under sub-rule (1).

SUBMISSION(S):

Mr Ydgren said that the fact situation was simple. Since 1 October 2010, Mr Fairbairn was required to notify that the horse would race in a removable hood. He had not done so, Mr Ydgren said. Mr Fairbairn had presented IT IS MEE for Race 10 wearing a removable hood that had not been notified. The only gear notified for the horse was pull down blinds.

Mr Fairbairn had asked Mr Ydgren to put before the Committee the following submissions:

1.   He questioned who had changed the Rule; and

2.   IT IS MEE had been racing for 3 years with a removable hood.

DECISION:

The breach was found proved.

SUBMISSION(S) ON PENALTY:

Mr Ydgren informed the Committee that he had pointed out to Mr Fairbairn that, if he admitted the breach under the Minor Infringement System, the fine would be the specified $100. However, if he unsuccessfully defended the charge, there was a possibility that the fine imposed by the Judicial Committee would be greater than $100.

Mr Ydgren had no submission to make as to an appropriate fine and he said that he would leave that to the Committee.

REASONS FOR PENALTY:

The Committee was aware that the Minor Infringement System (MIS) came into effect as from 1 November 2010. That system allows a Judicial Committee to impose a penalty without the requirement for an information to be filed to expedite the judicial process for the Judicial Committee, the Stewards and the licensed person in straightforward cases.

In this case, Mr Fairbairn denied the breach, as he had every right to do, and the Stewards were, therefore, obliged to file this information.

However, it is the view of the Committee that, in a case where the licensed person requires an information to be filed in respect of a breach of a Rule to which the MIS applies and is unsuccessful in defending the charge, the Committee has a discretion as to the amount of fine and is not bound to impose the fine prescribed by the MIS. In many instances, and in particular where the defence is without merit, the fine will be greater. The penalty prescribed by the MIS for a horse being presented in incorrect gear in breach of Rule 865 is $100.

PENALTY:

Mr Fairbairn was fined the sum of $150.

sumissionsforpenalty:

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penalty:

hearing_type: Old Hearing

Rules: 865(2)

Informant:

JockeysandTrainer:

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StipendSteward:

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race_title: R 10

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meetdate: 01/11/2010

meet_title: Kaikoura TC - 1 November 2010

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name: Kaikoura TC