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Manawatu HRC 20 November 2012 – R 4

ID: JCA10513

Applicant:
B Jones - Stipendiary Steward

Respondent(s):
P Scaife - Licensed Trainer of EAGLE EYES

Other Person:
J Muirhead - Stipendary Steward

Information Number:
A5647

Hearing Type:
Hearing

Rules:
865(2)

Plea:
admitted

Meet Title:
Manawatu HRC - 20 November 2012

Meet Chair:
TUtikere

Meet Committee Member 1:
NMcCutcheon

Race Date:
2012/11/20

Race Number:
Race 4

Decision:

As the charge was admitted it was found to be proved. 

Penalty:

Mr Scaife was fined the sum of $125.

Charge:

Following Race 4, Licensed Trainer P Scaife was charged under Rule 865(2). The information stated: ”Trainer P Scaife presented EAGLE EYES without the notified blinds”.

Rule 865 states:

 “(1) The trainer or person in control of a horse shall give notice, in the manner prescribed in the

Approved Gear Regulations, of the notifiable gear to be worn by a horse in a totalisator
race no later than the official deadline for the notification of drivers at the race meeting in
which a horse is entered. (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).;”

Facts:

Mr Jones advised the committee that Mr Scaife was aware of the hearing but had elected not to attend. Mr Jones was the stipendiary steward in charge of checking the gear and brands as the horses entered the parade ring. Mr Scaife’s horse, EAGLE EYES, was presented with removable deafeners, but not the notified blinds. Mr Scaife had endorsed the information as admitting the breach.

Submissions for Penalty:

Mr Jones advised the committee that this was Mr Scaife’s fourth breach of this rule within the last year, with the most recent breach being on 21 June 2012 at Forbury Park. The committee sought clarification as to the significance that this was a Minor Infringement matter, with Mr Muirhead submitting that Rule 1105A requires the charge to be proceeded with by way of an Information, rather than a Minor Infringement Notice. Mr Jones submitted a fine of $125 as appropriate.

Reasons for Penalty:

The committee had regard to all the submissions placed before it, and accepted that this matter was to be dealt with by way of an Information rather than a Minor Infringement Notice. Rule 1105A requires this approach to be adopted as the reset period of 3 months relates to the question of penalty rather than the number of subsequent breaches. If the committee adopted the reset period, Mr Scaife would receive a fine of $100. It was the committee’s view that as this had been the respondent’s fourth breach within a 365 day period, a premium of $25 was appropriate.

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: 090488dfd25cca42c1e95ef2145b2d0d

informantnumber: A5647

horsename:

hearing_racingtype:

startdate: no date provided

newcharge:

plea: admitted

penaltyrequired: 1

decisiondate: 30/10/2012

hearing_title: Manawatu HRC 20 November 2012 - R 4

charge:

Following Race 4, Licensed Trainer P Scaife was charged under Rule 865(2). The information stated: ”Trainer P Scaife presented EAGLE EYES without the notified blinds”.

Rule 865 states:

 “(1) The trainer or person in control of a horse shall give notice, in the manner prescribed in the

Approved Gear Regulations, of the notifiable gear to be worn by a horse in a totalisator
race no later than the official deadline for the notification of drivers at the race meeting in
which a horse is entered. (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).;”

facts:

Mr Jones advised the committee that Mr Scaife was aware of the hearing but had elected not to attend. Mr Jones was the stipendiary steward in charge of checking the gear and brands as the horses entered the parade ring. Mr Scaife’s horse, EAGLE EYES, was presented with removable deafeners, but not the notified blinds. Mr Scaife had endorsed the information as admitting the breach.

appealdecision:

isappeal:

submissionsfordecision:

reasonsfordecision:

Decision:

As the charge was admitted it was found to be proved. 

sumissionsforpenalty:

Mr Jones advised the committee that this was Mr Scaife’s fourth breach of this rule within the last year, with the most recent breach being on 21 June 2012 at Forbury Park. The committee sought clarification as to the significance that this was a Minor Infringement matter, with Mr Muirhead submitting that Rule 1105A requires the charge to be proceeded with by way of an Information, rather than a Minor Infringement Notice. Mr Jones submitted a fine of $125 as appropriate.

reasonsforpenalty:

The committee had regard to all the submissions placed before it, and accepted that this matter was to be dealt with by way of an Information rather than a Minor Infringement Notice. Rule 1105A requires this approach to be adopted as the reset period of 3 months relates to the question of penalty rather than the number of subsequent breaches. If the committee adopted the reset period, Mr Scaife would receive a fine of $100. It was the committee’s view that as this had been the respondent’s fourth breach within a 365 day period, a premium of $25 was appropriate.

penalty:

Mr Scaife was fined the sum of $125.

hearing_type: Hearing

Rules: 865(2)

Informant: B Jones - Stipendiary Steward

JockeysandTrainer: P Scaife - Licensed Trainer of EAGLE EYES

Otherperson: J Muirhead - Stipendary Steward

PersonPresent:

Respondent:

StipendSteward:

raceid: 7f89e000aa1ce084fd2b85b4ef4a49c3

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: ece6778e23915337be61b49492ce90d1

meet_expapproval:

meet_noreport: 0

waitingforpublication: 0

meet_emailed1: 0

meet_emailed2: 0

meetdate: 20/11/2012

meet_title: Manawatu HRC - 20 November 2012

meet_expappcomment:

meet_km:

meet_otherexp:

tracklocation: manawatu-hrc

meet_racingtype: harness-racing

meet_chair: TUtikere

meet_pm1: NMcCutcheon

meet_pm2: none

name: Manawatu HRC