Marlborough HRC 21 January 2018 – R 6 – Chair, Mr D Anderson
ID: JCA10652
Meet Title:
Marlborough HRC - 21 January 2018
Meet Chair:
DAnderson
Meet Committee Member 1:
PWilliams
Race Date:
2018/01/21
Race Number:
R 6
Decision:
As Mr Lethaby had admitted the breach of the rule it was found to be proved.
Penalty:
Accordingly, Mr Lethaby was fined the sum of $200.
Facts:
Following the running of Race 6 the “MORE FM MOBLIE PACE” an Information was filed by Stipendiary Steward Mr S Renault alleging a breach of Rule 864(2)(d) by Trainer Mr J Lethaby. The Information stated that “Trainer J Lethaby failed to affix the hopples so as not to come adrift on FOUR STARZZ LEGEND”.
Mr Lethaby had signed the Information stating he admitted the breach and that he did not wish to be present at the hearing of the information.
Rule 864(2)(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”.
Mr Renault used the race video to identify FOUR STAZZ LEGEND who had drawn one on the mobile gate lead the field towards the winning post soon after the start of the race. He used the head on and side films to show the off-side hopple part with its front carrier and the horse step out of the hopple and fortunately with some luck and driver skill, gallop clear of the field. He said the gear was inspected and was found to be in good order. Mr Renault stated that Mr Lethaby had told the Stewards the off-side carrier is permanently fixed to the hobble and because of this he had failed to check it prior to the horse racing. Mr Renault said the consequence of this was the horse was pulled out of the race, costing punters and the connections of the horse any chance of a return.
Submissions for Penalty:
Mr Renault said Mr Lethaby has a clear record under this rule. He explained that normally this case would be covered by a Minor Infringement Notice. He said a MIN is served when the gear failure has no impact on the horse. He reiterated the Stewards believe the consequences of FOUR STARZZ LEGEND being pulled out of the race was enough to warrant an uplift of penalty from $100 to $200.
Reasons for Penalty:
The Committee has considered the films and evidence and agree that failure to affix the gear properly on FOUR STARZZ LEGEND ruined its chances of completing the race. The connections of the horse lost their chance in the race, as did the punters who had invested on it. We consider these two factors warrant an uplift of the penalty and therefore consider a fine of $200 an appropriate penalty in this case.
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: 0f4987fa39eccb1ecfe5b4238b17879e
informantnumber: A09884
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of Rule 864(2)(d) failing to affix gear correctly
plea: admitted
penaltyrequired: 1
decisiondate: 24/01/2018
hearing_title: Marlborough HRC 21 January 2018 - R 6 - Chair, Mr D Anderson
charge:
facts:
Following the running of Race 6 the “MORE FM MOBLIE PACE” an Information was filed by Stipendiary Steward Mr S Renault alleging a breach of Rule 864(2)(d) by Trainer Mr J Lethaby. The Information stated that “Trainer J Lethaby failed to affix the hopples so as not to come adrift on FOUR STARZZ LEGEND”.
Mr Lethaby had signed the Information stating he admitted the breach and that he did not wish to be present at the hearing of the information.
Rule 864(2)(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”.
Mr Renault used the race video to identify FOUR STAZZ LEGEND who had drawn one on the mobile gate lead the field towards the winning post soon after the start of the race. He used the head on and side films to show the off-side hopple part with its front carrier and the horse step out of the hopple and fortunately with some luck and driver skill, gallop clear of the field. He said the gear was inspected and was found to be in good order. Mr Renault stated that Mr Lethaby had told the Stewards the off-side carrier is permanently fixed to the hobble and because of this he had failed to check it prior to the horse racing. Mr Renault said the consequence of this was the horse was pulled out of the race, costing punters and the connections of the horse any chance of a return.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Lethaby had admitted the breach of the rule it was found to be proved.
sumissionsforpenalty:
Mr Renault said Mr Lethaby has a clear record under this rule. He explained that normally this case would be covered by a Minor Infringement Notice. He said a MIN is served when the gear failure has no impact on the horse. He reiterated the Stewards believe the consequences of FOUR STARZZ LEGEND being pulled out of the race was enough to warrant an uplift of penalty from $100 to $200.
reasonsforpenalty:
The Committee has considered the films and evidence and agree that failure to affix the gear properly on FOUR STARZZ LEGEND ruined its chances of completing the race. The connections of the horse lost their chance in the race, as did the punters who had invested on it. We consider these two factors warrant an uplift of the penalty and therefore consider a fine of $200 an appropriate penalty in this case.
penalty:
Accordingly, Mr Lethaby was fined the sum of $200.
hearing_type: Hearing
Rules: 864(2)(d)
Informant: Mr S Renault - Stipendiary Steward
JockeysandTrainer: Mr J Lethaby - Trainer
Otherperson: Mr N McIntyre - General Manager of Stewards
PersonPresent:
Respondent:
StipendSteward:
raceid: 8dd540a498e4302ad7cf11e3e14fb4f6
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: cb93b46b62837671160d9a874dd8a9c3
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 21/01/2018
meet_title: Marlborough HRC - 21 January 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: marlborough-hrc
meet_racingtype: harness-racing
meet_chair: DAnderson
meet_pm1: PWilliams
meet_pm2: none
name: Marlborough HRC