Marlborough RC – 23 April 2009 – Race 4
ID: JCA19227
Hearing Type (Code):
harness-racing
Meet Title:
Marlborough RC - 23 April 2009
Race Date:
2009/04/23
Race Number:
Race 4
Decision:
Following the running of Race 4, the Gill Construction Rating 70, Stipendiary Steward Mr R. Neal filed an information pursuant to Rule 869(2) alleging Licensed Trainer Mr D. F. Fuge presented the incorrect horse to the inspection area.
--
Following the running of Race 4, the Gill Construction Rating 70, Stipendiary Steward Mr R. Neal filed an information pursuant to Rule 869(2) alleging Licensed Trainer Mr D. F. Fuge presented the incorrect horse to the inspection area.
--The charge reads as follows.
--“I the abovenamed informant allege that the abovenamed Defendant committed a breach of Rule 869(2) in that he presented the incorrect horse to the inspection area prior to the running of Race 4, he presented HULA SISTER Race 5 as HULA WISH.
--Rule 869(2) reads as follows.
--“Any person guilty of carelessness or neglect in saddling a horse for any race
commits a breach of these Rules.”
Mr Fuge had indicated on the information that he admitted this breach of these Rules, and he confirmed this at the hearing. He also acknowledged that he understood the Rule and the charge.
--Mr Neal gave evidence that Mr Fuge had presented HULA SISTER to the plating area instead of the correct horse HULA WISH. The mistake was then picked up and corrected by Mr Fuge and his assistants. The mistake would have been picked up when the brand was checked.
--Mr Fuge said the mistake occurred because he had several horses to attend to, and was rushing to get things done.
--PENALTY:
--In relation to penalty Mr Neal advised that Mr Fuge had an excellent record over a long period of time, and no breach like this had occurred recently. Also Mr Fuge had admitted the breach. A fine of between $300-00 and $500-00 was recommended.
--Mr Fuge had no submissions to make regarding penalty.
--We adjourned to consider the matter of penalty. We took into account that Mr Fuge has an excellent record and admitted the breach. This Rule came into force recently, and there is very little precedent available as a guide. Taking all the above matters into account we were satisfied that an appropriate fine in this case was
$300-00.
On resuming the hearing the parties were advised of our decision to fine Mr Fuge the sum of $300-00.
--
J. M. Phelan
Chairman
209
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: 366c9f61a85fe3e2bef1f2af3e43c14b
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 23/04/2009
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Marlborough RC - 23 April 2009 - Race 4
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Following the running of Race 4, the Gill Construction Rating 70, Stipendiary Steward Mr R. Neal filed an information pursuant to Rule 869(2) alleging Licensed Trainer Mr D. F. Fuge presented the incorrect horse to the inspection area.
--
Following the running of Race 4, the Gill Construction Rating 70, Stipendiary Steward Mr R. Neal filed an information pursuant to Rule 869(2) alleging Licensed Trainer Mr D. F. Fuge presented the incorrect horse to the inspection area.
--The charge reads as follows.
--“I the abovenamed informant allege that the abovenamed Defendant committed a breach of Rule 869(2) in that he presented the incorrect horse to the inspection area prior to the running of Race 4, he presented HULA SISTER Race 5 as HULA WISH.
--Rule 869(2) reads as follows.
--“Any person guilty of carelessness or neglect in saddling a horse for any race
commits a breach of these Rules.”
Mr Fuge had indicated on the information that he admitted this breach of these Rules, and he confirmed this at the hearing. He also acknowledged that he understood the Rule and the charge.
--Mr Neal gave evidence that Mr Fuge had presented HULA SISTER to the plating area instead of the correct horse HULA WISH. The mistake was then picked up and corrected by Mr Fuge and his assistants. The mistake would have been picked up when the brand was checked.
--Mr Fuge said the mistake occurred because he had several horses to attend to, and was rushing to get things done.
--PENALTY:
--In relation to penalty Mr Neal advised that Mr Fuge had an excellent record over a long period of time, and no breach like this had occurred recently. Also Mr Fuge had admitted the breach. A fine of between $300-00 and $500-00 was recommended.
--Mr Fuge had no submissions to make regarding penalty.
--We adjourned to consider the matter of penalty. We took into account that Mr Fuge has an excellent record and admitted the breach. This Rule came into force recently, and there is very little precedent available as a guide. Taking all the above matters into account we were satisfied that an appropriate fine in this case was
$300-00.
On resuming the hearing the parties were advised of our decision to fine Mr Fuge the sum of $300-00.
--
J. M. Phelan
Chairman
209
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.2
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: b16552a1dd7f299b5cb64c80d6fe1fb5
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: f4f0f520fbfa7d73293d2913bef83145
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 23/04/2009
meet_title: Marlborough RC - 23 April 2009
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: marlborough-rc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Marlborough RC