Manukau TC – 30 May 2008 – Race 10
ID: JCA18318
Hearing Type (Code):
harness-racing
Meet Title:
Manukau TC - 30 May 2008
Race Date:
2008/05/30
Race Number:
Race 10
Decision: --
(adjourned hearing from Franklin TC mtg on 23 May 2008)
--An information lodged by Stipendiary Steward Mr J Muirhead against Ms M Wallis, trainer of BLACK SAINT alleging a breach of Rule 864 (2) (d) in that she failed to ensure the anti-choke gear was affixed so as not to malfunction
(adjourned hearing from Franklin TC mtg on 23 May 2008)
--An information lodged by Stipendiary Steward Mr J Muirhead against Ms M Wallis, trainer of BLACK SAINT alleging a breach of Rule 864 (2) (d) in that she failed to ensure the anti-choke gear was affixed so as not to malfunction. Ms Wallis denied the charge and was present at the hearing.
--Mr Muirhead said that just prior to the start of the race, driver Mr T Herlihy started to pull the horse up and signalled to the starter that he had a problem. The starter declared a false start. The starter and the Clerk of the Course told Mr Muirhead that the anti-choke gear had slipped and the strap had gone around the throat of the horse. Mr Herlihy was concerned the horse would choke and alerted the starter. Mr Muirhead explained the gear was to prevent a horse tucking up and choking. Ms Wallis produced the gear in question. She said that she had personally checked the gear on the horse and it was in the correct position. She said the only way the gear could have shifted was if the bridle had been pulled by one of the assistant starters.
--In answer to a question from the Chairman, Ms Wallis said the horse had worn the gear at its last three starts without any problem. In answer to another question from the Chairman, both Ms Wallis and Mr Muirhead agreed that the gear was simple to affix. Mr Muirhead acknowledged that the possibility that an assistant starter had caused the gear to move could not be discounted. The gear was obviously in very good order.
--DECISION AND REASONS :
--The important issues in the evidence were that the gear slipped in the run up, the gear was in good condition, the gear was easy to affix. The horse had worn the gear previously without any problems and the possibility that the gear had been moved by the actions of an assistant starter could not be discounted. Taking all those matters into account I was left in a state of doubt and dismissed the information.
--There exists the possibility that the particular gear may need further evaluation and the Chairman gave that message to both Ms Wallis and Mr Muirhead.
--B Rowe
--Chairman
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: 026f479aa5d1a192dd0f836a3743b466
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 30/05/2008
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Manukau TC - 30 May 2008 - Race 10
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--(adjourned hearing from Franklin TC mtg on 23 May 2008)
--An information lodged by Stipendiary Steward Mr J Muirhead against Ms M Wallis, trainer of BLACK SAINT alleging a breach of Rule 864 (2) (d) in that she failed to ensure the anti-choke gear was affixed so as not to malfunction
(adjourned hearing from Franklin TC mtg on 23 May 2008)
--An information lodged by Stipendiary Steward Mr J Muirhead against Ms M Wallis, trainer of BLACK SAINT alleging a breach of Rule 864 (2) (d) in that she failed to ensure the anti-choke gear was affixed so as not to malfunction. Ms Wallis denied the charge and was present at the hearing.
--Mr Muirhead said that just prior to the start of the race, driver Mr T Herlihy started to pull the horse up and signalled to the starter that he had a problem. The starter declared a false start. The starter and the Clerk of the Course told Mr Muirhead that the anti-choke gear had slipped and the strap had gone around the throat of the horse. Mr Herlihy was concerned the horse would choke and alerted the starter. Mr Muirhead explained the gear was to prevent a horse tucking up and choking. Ms Wallis produced the gear in question. She said that she had personally checked the gear on the horse and it was in the correct position. She said the only way the gear could have shifted was if the bridle had been pulled by one of the assistant starters.
--In answer to a question from the Chairman, Ms Wallis said the horse had worn the gear at its last three starts without any problem. In answer to another question from the Chairman, both Ms Wallis and Mr Muirhead agreed that the gear was simple to affix. Mr Muirhead acknowledged that the possibility that an assistant starter had caused the gear to move could not be discounted. The gear was obviously in very good order.
--DECISION AND REASONS :
--The important issues in the evidence were that the gear slipped in the run up, the gear was in good condition, the gear was easy to affix. The horse had worn the gear previously without any problems and the possibility that the gear had been moved by the actions of an assistant starter could not be discounted. Taking all those matters into account I was left in a state of doubt and dismissed the information.
--There exists the possibility that the particular gear may need further evaluation and the Chairman gave that message to both Ms Wallis and Mr Muirhead.
--B Rowe
--Chairman
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 864.2.d
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: d3711c0ebc449f164e4229d9e9667983
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 10
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 1968bdd730f2b2ede54a7a508db41934
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 30/05/2008
meet_title: Manukau TC - 30 May 2008
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: manukau-tc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Manukau TC