Marlborough HRC – 12 June 2009 – Race 2
ID: JCA21414
Hearing Type (Code):
harness-racing
Meet Title:
Marlborough HRC - 12 June 2009
Race Date:
2009/06/12
Race Number:
Race 2
Decision:
Following the running of Race 2, the Wairau Covers Mobile Pace, an Information was filed by Stipendiary Steward Mr N. G. McIntyre against licensed trainer Mr B. J. Hill alleging a breach of Rule 864(2)(d). It was alleged that the pull down blinds had not been affixed to MADDISON HILL (7) so as not to malfunction.
--
Following the running of Race 2, the Wairau Covers Mobile Pace, an Information was filed by Stipendiary Steward Mr N. G. McIntyre against licensed trainer Mr B. J. Hill alleging a breach of Rule 864(2)(d). It was alleged that the pull down blinds had not been affixed to MADDISON HILL (7) so as not to malfunction.
--Mr Hill had indicated on the Information that this breach of the Rules was admitted, and that he did not wish to be present at the hearing. However after the hearing had commenced Mr Hill came into the Enquiry Room and raised a matter that was not relevant to this charge. He said that he had been told that a trainer had been warned for a similar breach of the Rules, and that he should also be warned rather than charged.
--Mr Hill could give no details of this matter, and he was advised that it was not relevant to this charge. He was also advised to raise this matter with the Stipendiary Stewards if he wished to pursue it.
--Mr Hill was asked if he did in fact admit this breach, but he would not confirm that he did. This matter therefore proceeded on the basis that the charge was not admitted.
--The charge reads as follows.
--“I the abovenamed informant allege that the abovenamed Defendant committed a breach of Rule 864(2)(d) in that B. J. Hill (Maddison Hill) failed to affix the pull down blinds so as not to malfunction.”
--The rule reads as follows.
--“(2) Every horseman, owner, trainer and assistant thereof of a horse shall
with regard to that horse ensure that :-
(a) ….
(b) ….
(c) ….
(d) all gear is correctly applied and/or affixed so as not to malfunction or come adrift.”
Mr Renault gave evidence that following this race he was on patrol at the birdcage gate, and he noticed that Mr Hill’s horse had the off side blind still up. He asked Mr Hill for the reason for this, and he said that he got held up round the turn. However it was also noticed that the other pull down blind had been activated.
--Mr Hill gave evidence and said that he had activated the blinds, and that one had come down and one hadn’t. He said they are controlled by nuts, and that obviously he had tightened one up too much. Mr Hill said on several occasions that he repeatedly tried to activate the off side blind without success.
--At this stage a race was about to start and the hearing was adjourned.
--On resuming the hearing Mr Hill was asked if he had anything further to say, but he had nothing further to add. Mr Hill did again raise a previous similar case where a warning had been given. Mr Hill was again advised that that incident was not relevant to this hearing. Mr Hill then left the hearing room before the hearing had been completed.
--We were satisfied that there was clear evidence that the pull down blinds had malfunctioned because they were not affixed properly. Mr Hill’s own evidence confirmed this.
--Penalty:
--Mr McIntyre said that Mr Hill had no previous relevant convictions for a breach of this Rule, and recommended a fine of $100-00. We were satisfied that a fine of $100-00 was appropriate and accordingly Mr Hill was fined $100-00.
----
J. M. Phelan
Chairman
68024
--
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: b3bfdced7eb58cc553c93b9f6d75ef33
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 12/06/2009
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Marlborough HRC - 12 June 2009 - Race 2
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Following the running of Race 2, the Wairau Covers Mobile Pace, an Information was filed by Stipendiary Steward Mr N. G. McIntyre against licensed trainer Mr B. J. Hill alleging a breach of Rule 864(2)(d). It was alleged that the pull down blinds had not been affixed to MADDISON HILL (7) so as not to malfunction.
--
Following the running of Race 2, the Wairau Covers Mobile Pace, an Information was filed by Stipendiary Steward Mr N. G. McIntyre against licensed trainer Mr B. J. Hill alleging a breach of Rule 864(2)(d). It was alleged that the pull down blinds had not been affixed to MADDISON HILL (7) so as not to malfunction.
--Mr Hill had indicated on the Information that this breach of the Rules was admitted, and that he did not wish to be present at the hearing. However after the hearing had commenced Mr Hill came into the Enquiry Room and raised a matter that was not relevant to this charge. He said that he had been told that a trainer had been warned for a similar breach of the Rules, and that he should also be warned rather than charged.
--Mr Hill could give no details of this matter, and he was advised that it was not relevant to this charge. He was also advised to raise this matter with the Stipendiary Stewards if he wished to pursue it.
--Mr Hill was asked if he did in fact admit this breach, but he would not confirm that he did. This matter therefore proceeded on the basis that the charge was not admitted.
--The charge reads as follows.
--“I the abovenamed informant allege that the abovenamed Defendant committed a breach of Rule 864(2)(d) in that B. J. Hill (Maddison Hill) failed to affix the pull down blinds so as not to malfunction.”
--The rule reads as follows.
--“(2) Every horseman, owner, trainer and assistant thereof of a horse shall
with regard to that horse ensure that :-
(a) ….
(b) ….
(c) ….
(d) all gear is correctly applied and/or affixed so as not to malfunction or come adrift.”
Mr Renault gave evidence that following this race he was on patrol at the birdcage gate, and he noticed that Mr Hill’s horse had the off side blind still up. He asked Mr Hill for the reason for this, and he said that he got held up round the turn. However it was also noticed that the other pull down blind had been activated.
--Mr Hill gave evidence and said that he had activated the blinds, and that one had come down and one hadn’t. He said they are controlled by nuts, and that obviously he had tightened one up too much. Mr Hill said on several occasions that he repeatedly tried to activate the off side blind without success.
--At this stage a race was about to start and the hearing was adjourned.
--On resuming the hearing Mr Hill was asked if he had anything further to say, but he had nothing further to add. Mr Hill did again raise a previous similar case where a warning had been given. Mr Hill was again advised that that incident was not relevant to this hearing. Mr Hill then left the hearing room before the hearing had been completed.
--We were satisfied that there was clear evidence that the pull down blinds had malfunctioned because they were not affixed properly. Mr Hill’s own evidence confirmed this.
--Penalty:
--Mr McIntyre said that Mr Hill had no previous relevant convictions for a breach of this Rule, and recommended a fine of $100-00. We were satisfied that a fine of $100-00 was appropriate and accordingly Mr Hill was fined $100-00.
----
J. M. Phelan
Chairman
68024
--
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 864.2.d
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 8b2978872a2534c4168ce2d46f9ef716
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: d4dc7516d270d2a75ce6bbd56a1aed6c
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 12/06/2009
meet_title: Marlborough HRC - 12 June 2009
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: marlborough-hrc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Marlborough HRC