Methven TC – 29 March 2009 – Race 2
ID: JCA22878
Hearing Type (Code):
harness-racing
Meet Title:
Methven TC - 29 March 2009
Race Date:
2009/03/29
Race Number:
Race 2
Decision:
Following the running of race 2 an information was lodged by the Stipendiary Stewards against Mr D A Taylor alleging a breach of rule 864 (2) (d) in that he did not affix the boring pole on Rare Honour so as to not to come adrift.
--
Following the running of race 2 an information was lodged by the Stipendiary Stewards against Mr D A Taylor alleging a breach of rule 864 (2) (d) in that he did not affix the boring pole on Rare Honour so as to not to come adrift.
--The relevant rule reads:
864 (2)
Every horseman, owner, trainer and assistant thereof of a horse shall with regarding to that horse ensure that:-
(d) all gear is correctly applied and/or affixed so as not to malfunction or come adrift;
At the outset of the hearing it was noted by the Committee that Mr Veint, as Mr Taylor’s agent, did not admit the breach and was present at the hearing.
--Mr McIntyre, for the Stipendiary Stewards, said that the Stipendiary Stewards became aware during the race that the boring pole on Rare Honour was hanging from the saddle having become adrift from the bridle.
--The Stipendiary Stewards showed the video evidence of the final part of the race where it can clearly be seen that the boring pole is hanging from the bridle. Mr McIntyre said that it was the responsibility for the horse’s connections to ensure that the boring pole did not come adrift during the race. He said it was a strict liability offence.
--Mr Veint said that prior to the start of race and with the help of the Starter’s Assistant tape was applied to the link that attaches the boring pole to the bridle. He said that he thought he had overcome the problem but accepted that the boring pole had come adrift from the bridle during the race.
--The Committee, after giving consideration to the information provided to the hearing by both parties agrees with the Stipendiary Stewards that it was the connections responsibility to ensure that the boring pole remained in place during the running of the race and the circumstances described by Mr Veint did not provide any defence to him, this being an offence of strict liability. Accordingly, the charge is found proven.
--In respect of penalty the Stipendiary Stewards advised the Committee that Mr Taylor had no previous breaches of the rule during the preceding twelve months and sought a monetary penalty only. Mr Veint indicated that he had nothing to say in respect of penalty.
--The Committee, after considering the incident itself agrees that a monetary penalty only should be imposed and Mr Taylor is accordingly fined the sum of $100.00.
----
Bevan Coombes
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: ec35f5cf7dd6eb8d36268094b0682353
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 29/03/2009
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Methven TC - 29 March 2009 - Race 2
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Following the running of race 2 an information was lodged by the Stipendiary Stewards against Mr D A Taylor alleging a breach of rule 864 (2) (d) in that he did not affix the boring pole on Rare Honour so as to not to come adrift.
--
Following the running of race 2 an information was lodged by the Stipendiary Stewards against Mr D A Taylor alleging a breach of rule 864 (2) (d) in that he did not affix the boring pole on Rare Honour so as to not to come adrift.
--The relevant rule reads:
864 (2)
Every horseman, owner, trainer and assistant thereof of a horse shall with regarding to that horse ensure that:-
(d) all gear is correctly applied and/or affixed so as not to malfunction or come adrift;
At the outset of the hearing it was noted by the Committee that Mr Veint, as Mr Taylor’s agent, did not admit the breach and was present at the hearing.
--Mr McIntyre, for the Stipendiary Stewards, said that the Stipendiary Stewards became aware during the race that the boring pole on Rare Honour was hanging from the saddle having become adrift from the bridle.
--The Stipendiary Stewards showed the video evidence of the final part of the race where it can clearly be seen that the boring pole is hanging from the bridle. Mr McIntyre said that it was the responsibility for the horse’s connections to ensure that the boring pole did not come adrift during the race. He said it was a strict liability offence.
--Mr Veint said that prior to the start of race and with the help of the Starter’s Assistant tape was applied to the link that attaches the boring pole to the bridle. He said that he thought he had overcome the problem but accepted that the boring pole had come adrift from the bridle during the race.
--The Committee, after giving consideration to the information provided to the hearing by both parties agrees with the Stipendiary Stewards that it was the connections responsibility to ensure that the boring pole remained in place during the running of the race and the circumstances described by Mr Veint did not provide any defence to him, this being an offence of strict liability. Accordingly, the charge is found proven.
--In respect of penalty the Stipendiary Stewards advised the Committee that Mr Taylor had no previous breaches of the rule during the preceding twelve months and sought a monetary penalty only. Mr Veint indicated that he had nothing to say in respect of penalty.
--The Committee, after considering the incident itself agrees that a monetary penalty only should be imposed and Mr Taylor is accordingly fined the sum of $100.00.
----
Bevan Coombes
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 864.2.d
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: ebef7b0b66941190f5b0560bf733463d
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: 95fbf1c4e1f78846397725e5262dd310
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 29/03/2009
meet_title: Methven TC - 29 March 2009
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: methven-tc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Methven TC