Marlborough RC – 28 April 2011 – R 4 and 6
ID: JCA11029
Code:
Thoroughbred
Meet Title:
Marlborough RC - 1 May 2011
Meet Chair:
JPhelan
Meet Committee Member 1:
JMillar
Race Date:
2011/05/01
Race Number:
R 4 and 6
Decision:
The charges were found to be proved.
Penalty:
On resuming the hearing we advised the parties of our reasons and that Mr Harris was fined the sum of $75-00 on each charge, a total of $150-00.
Charge:
Alleged breaches of Rule 616(3)
Facts:
This Information was heard at the Waterlea Racecourse on 1 May 2011.
Following the running of Races 4 and 6, the Criterion Hotel Rating 70 and the Eckford Engineering/Burkhart Fisheries Rating 70 respectively, an Information was filed by Stipendiary Steward Mr R. Neal against Licensed Trainer Mr P. D. J. Harris, the Trainer of “”Heaven’s Up There” (2) and “Lastofthedragons” (2) respectively, alleging breaches of Rule 616(3) in that he presented these horses to race in gear that was not notified.
The charge reads as follows.
“I the above named informant allege that the above named Defendant committed a breach of Rule 616(3) in that P. Harris presented the horses Heaven’s Up There (in) Race 4 and Lastofthedragons (in) Race 6 to race with gear that was not declared.”
Rule 616(3) reads as follows,
“(3) When permission has been obtained in accordance with sub-Rule (2) of this Rule 616 for the use of an item or items of Notifiable Gear on a horse, such item or items of Notifiable Gear will continue to be used without variation on the horse concerned in consecutive subsequent Races unless permission has been obtained from a Stipendiary Steward before the horse is accepted or is deemed to be accepted for a subsequent Race, or the Trainer is otherwise approved or instructed by a Stipendiary Steward to change or adjust the Notifiable Gear that is to be used for that horse.”
Mr Harris advised the Committee that these breaches of the Rules were admitted, and he also agreed that he understood the charges and the Rule they were brought under.
Submissions For Decision:
Mr Neal gave evidence that in Race 4 “Heaven’s Up There” was presented with blinkers when sidewinkers had been the advised gear. In Race 6 “Lastofthedragons” had been presented with sidewinkers when blinkers had been advised.
Submissions for Decision:
Mr Neal gave evidence that in Race 4 “Heaven’s Up There” was presented with blinkers when sidewinkers had been the advised gear. In Race 6 “Lastofthedragons” had been presented with sidewinkers when blinkers had been advised.
Reasons for Decision:
As Mr Harris had admitted these breaches of the Rules they were found to be proved in accordance with Rule 915(1)(d).
Submissions for Penalty:
In relation to penalty Mr Neal advised that Mr Harris had one previous conviction under this Rule in December 2010. He submitted that nevertheless Mr Harris had a very good record considering the number of horses he starts in races, and that he would leave the amount of any fine to the Committee.
Mr Harris made submissions that he starts between 400 and 650 horses each year, and that on the present occasions there had been some confusion due to the race book not being very informative in relation to the gear a horse should be wearing. It was also established (as is usual for charges like this) that the correct gear was applied before these horses started.
We adjourned to consider appropriate penalties in these cases.
Reasons for Penalty:
We were satisfied that the usual fine for breaches of this Rule is $100-00. In this case we accept that Mr Harris starts a large number of horses each season, and that he had a very good record. We found that there were some mitigating circumstances, and that on this occasion Mr Harris would be fined $75-00 on each charge.
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: 1a7fb91c0917d8c3c757eb7e4ed47364
informantnumber: 5324
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 14/04/2011
hearing_title: Marlborough RC - 28 April 2011 - R 4 and 6
charge:
Alleged breaches of Rule 616(3)
facts:
This Information was heard at the Waterlea Racecourse on 1 May 2011.
Following the running of Races 4 and 6, the Criterion Hotel Rating 70 and the Eckford Engineering/Burkhart Fisheries Rating 70 respectively, an Information was filed by Stipendiary Steward Mr R. Neal against Licensed Trainer Mr P. D. J. Harris, the Trainer of “”Heaven’s Up There” (2) and “Lastofthedragons” (2) respectively, alleging breaches of Rule 616(3) in that he presented these horses to race in gear that was not notified.
The charge reads as follows.
“I the above named informant allege that the above named Defendant committed a breach of Rule 616(3) in that P. Harris presented the horses Heaven’s Up There (in) Race 4 and Lastofthedragons (in) Race 6 to race with gear that was not declared.”
Rule 616(3) reads as follows,
“(3) When permission has been obtained in accordance with sub-Rule (2) of this Rule 616 for the use of an item or items of Notifiable Gear on a horse, such item or items of Notifiable Gear will continue to be used without variation on the horse concerned in consecutive subsequent Races unless permission has been obtained from a Stipendiary Steward before the horse is accepted or is deemed to be accepted for a subsequent Race, or the Trainer is otherwise approved or instructed by a Stipendiary Steward to change or adjust the Notifiable Gear that is to be used for that horse.”
Mr Harris advised the Committee that these breaches of the Rules were admitted, and he also agreed that he understood the charges and the Rule they were brought under.
Submissions For Decision:
Mr Neal gave evidence that in Race 4 “Heaven’s Up There” was presented with blinkers when sidewinkers had been the advised gear. In Race 6 “Lastofthedragons” had been presented with sidewinkers when blinkers had been advised.
appealdecision:
isappeal:
submissionsfordecision:
Mr Neal gave evidence that in Race 4 “Heaven’s Up There” was presented with blinkers when sidewinkers had been the advised gear. In Race 6 “Lastofthedragons” had been presented with sidewinkers when blinkers had been advised.
reasonsfordecision:
As Mr Harris had admitted these breaches of the Rules they were found to be proved in accordance with Rule 915(1)(d).
Decision:
The charges were found to be proved.
sumissionsforpenalty:
In relation to penalty Mr Neal advised that Mr Harris had one previous conviction under this Rule in December 2010. He submitted that nevertheless Mr Harris had a very good record considering the number of horses he starts in races, and that he would leave the amount of any fine to the Committee.
Mr Harris made submissions that he starts between 400 and 650 horses each year, and that on the present occasions there had been some confusion due to the race book not being very informative in relation to the gear a horse should be wearing. It was also established (as is usual for charges like this) that the correct gear was applied before these horses started.
We adjourned to consider appropriate penalties in these cases.
reasonsforpenalty:
We were satisfied that the usual fine for breaches of this Rule is $100-00. In this case we accept that Mr Harris starts a large number of horses each season, and that he had a very good record. We found that there were some mitigating circumstances, and that on this occasion Mr Harris would be fined $75-00 on each charge.
penalty:
On resuming the hearing we advised the parties of our reasons and that Mr Harris was fined the sum of $75-00 on each charge, a total of $150-00.
hearing_type: Hearing
Rules: 616(3)
Informant: Mr R Neal - Stipendiary Steward
JockeysandTrainer: Mr P. D. J. Harris - Licensed Trainer
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 0223caa428a6c1c04aa093c1dab02369
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 4 and 6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: bc4a38fbbbea8ced6ec447e625ebed0f
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 01/05/2011
meet_title: Marlborough RC - 1 May 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: marlborough-rc
meet_racingtype: thoroughbred-racing
meet_chair: JPhelan
meet_pm1: JMillar
meet_pm2: none
name: Marlborough RC