Marlborough HRC 13 January 2013 – R 8
ID: JCA14557
Meet Title:
Marlborough HRC - 13 January 2013
Meet Chair:
PWilliams
Meet Committee Member 1:
KHales
Race Date:
2013/01/13
Race Number:
R 8
Decision:
As Mr White admitted the breach the charge was found proved.
Penalty:
Mr White is fined $180.
Charge:
Gear incorrectly applied.
Facts:
Following the running of race 8, Information A4958 was filed by Stipendiary Steward Mr N Ydgren under Rule 864 (2) (d). The information stated “C White as the trainer of Azarenka failed to affix the side hopple carrier so as not to come adrift. This resulted in Azarenka breaking and being pulled up”.
It was explained to Mr White that breaches of Rule 864(2)(d) were normally dealt with by the issuing of a Minor Infringement Notice. However, on this occasion the Stipendiary Stewards had decided to file an Information in terms of Rule 1105A(2).
Rule 864(4)(d) states:- “Every horseman, owner, trainer and assistant thereof of a horse shall with regard to that horse ensure that all gear is correctly applied and/or affixed so as not to malfunction or come adrift”.
Rule 1105A(2) states:- “Where a Stipendiary Steward or Racecourse Inspector considers that a Licensed person’s first or second breach of one or more of the Rules set out in the Minor Infringement Regulations is of such significance that a more substantial penalty than the amount of the fine specified for the relevant rule in the Minor Infringement Regulations is warranted for that breach, then despite sub-Rule (1) above the Stipendiary Steward or Racecourse Inspector may proceed by filing an Information with the Judicial Committee in respect of that breach in the normal manner contemplated in rule 1114”.
Mr White confirmed to the Committee that he admitted the breach and understood the above Rules.
Submissions for Decision:
Mr Ydgren used the film to identify “Azarenka” coming into the straight on the first occasion. He said the side carrier on the hopples had come undone and come off which resulted in “Azarenka” breaking, being pulled up and retired from the race. He said had the horse been able to continue and complete the race the charge would probably have been brought as a Minor Infringement. However, because the horse had been pulled up and not finished the race the penalty should be more than the $100 fine specified in the Minor Infringement Schedule.
Mr White confirmed that, as per his usual practice, on this occasion he had not taped up the carrier strap under the buckle to ensure it could not come undone. He said it was carelessness on his part, he had won the previous race and that horse had to be swabbed and in the general rush to get “Azarenka” geared up he simply forgot to put the tape on.
Submissions for Penalty:
Mr Ydgren said this was an unfortunate error on Mr White’s part but the connections of the horse and those who had backed it into favouritism had been adversely affected. He said Mr White had not previously breached this Rule and the Stipendiary Stewards believed the fine should be closer to $200 than the normal $100.
Mr White had no comment to make other than to say he thought an appropriate fine would be in the region of $150.
Reasons for Penalty:
The Committee has reviewed the film of the incident, noted all the submissions made and also that Mr White has never previously breached this Rule. Mr White, to his credit, has readily admitted his carelessness in not taping up the buckle on the side carrier strap as per his normal practice. Whilst he may have been busy with horses in consecutive races that cannot be used as an excuse for the error occurring and the result of his carelessness has had unfortunate consequences for the owner of the horse and those who backed it.
The Committee has also reviewed penalties under this Rule and notes this is the first time this season when a submission for a penalty higher than the $100 specified in the Minor Infringement Regulations has been made.
The Committee believes that, because of the significant impact of Mr White’s failure to tape up the buckle on the side carrier strap, a fine greater than $100 is an appropriate penalty on this occasion.
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: 9211f29589c8eeeb27b6e3fc681c6aa5
informantnumber: A4958
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 18/12/2012
hearing_title: Marlborough HRC 13 January 2013 - R 8
charge:
Gear incorrectly applied.
facts:
Following the running of race 8, Information A4958 was filed by Stipendiary Steward Mr N Ydgren under Rule 864 (2) (d). The information stated “C White as the trainer of Azarenka failed to affix the side hopple carrier so as not to come adrift. This resulted in Azarenka breaking and being pulled up”.
It was explained to Mr White that breaches of Rule 864(2)(d) were normally dealt with by the issuing of a Minor Infringement Notice. However, on this occasion the Stipendiary Stewards had decided to file an Information in terms of Rule 1105A(2).
Rule 864(4)(d) states:- “Every horseman, owner, trainer and assistant thereof of a horse shall with regard to that horse ensure that all gear is correctly applied and/or affixed so as not to malfunction or come adrift”.
Rule 1105A(2) states:- “Where a Stipendiary Steward or Racecourse Inspector considers that a Licensed person’s first or second breach of one or more of the Rules set out in the Minor Infringement Regulations is of such significance that a more substantial penalty than the amount of the fine specified for the relevant rule in the Minor Infringement Regulations is warranted for that breach, then despite sub-Rule (1) above the Stipendiary Steward or Racecourse Inspector may proceed by filing an Information with the Judicial Committee in respect of that breach in the normal manner contemplated in rule 1114”.
Mr White confirmed to the Committee that he admitted the breach and understood the above Rules.
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren used the film to identify “Azarenka” coming into the straight on the first occasion. He said the side carrier on the hopples had come undone and come off which resulted in “Azarenka” breaking, being pulled up and retired from the race. He said had the horse been able to continue and complete the race the charge would probably have been brought as a Minor Infringement. However, because the horse had been pulled up and not finished the race the penalty should be more than the $100 fine specified in the Minor Infringement Schedule.
Mr White confirmed that, as per his usual practice, on this occasion he had not taped up the carrier strap under the buckle to ensure it could not come undone. He said it was carelessness on his part, he had won the previous race and that horse had to be swabbed and in the general rush to get “Azarenka” geared up he simply forgot to put the tape on.
reasonsfordecision:
Decision:
As Mr White admitted the breach the charge was found proved.
sumissionsforpenalty:
Mr Ydgren said this was an unfortunate error on Mr White’s part but the connections of the horse and those who had backed it into favouritism had been adversely affected. He said Mr White had not previously breached this Rule and the Stipendiary Stewards believed the fine should be closer to $200 than the normal $100.
Mr White had no comment to make other than to say he thought an appropriate fine would be in the region of $150.
reasonsforpenalty:
The Committee has reviewed the film of the incident, noted all the submissions made and also that Mr White has never previously breached this Rule. Mr White, to his credit, has readily admitted his carelessness in not taping up the buckle on the side carrier strap as per his normal practice. Whilst he may have been busy with horses in consecutive races that cannot be used as an excuse for the error occurring and the result of his carelessness has had unfortunate consequences for the owner of the horse and those who backed it.
The Committee has also reviewed penalties under this Rule and notes this is the first time this season when a submission for a penalty higher than the $100 specified in the Minor Infringement Regulations has been made.
The Committee believes that, because of the significant impact of Mr White’s failure to tape up the buckle on the side carrier strap, a fine greater than $100 is an appropriate penalty on this occasion.
penalty:
Mr White is fined $180.
hearing_type: Hearing
Rules: 864(2)(d)
Informant: Mr N Ydgren - Stipendiary Steward
JockeysandTrainer: Mr C White - Licensed Trainer
Otherperson: Mr S Renault - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 6e6394b3ef24e01f1e3a58dc83b2c05c
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 46213cf5516a66f18fc31cd007bee62c
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 13/01/2013
meet_title: Marlborough HRC - 13 January 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: marlborough-hrc
meet_racingtype: harness-racing
meet_chair: PWilliams
meet_pm1: KHales
meet_pm2: none
name: Marlborough HRC