Archive Decision

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Methven TC 4 September 2011 – R 4

ID: JCA12488

Applicant:
Mr NG McIntyre - Stipendiary Steward

Respondent(s):
Mr RJ Forrester - Licensed Trainer

Information Number:
69476

Hearing Type:
Hearing

Rules:
502(1)

Plea:
admitted

Meet Title:
Methven TC - 4 September 2011

Meet Chair:
SChing

Meet Committee Member 1:
RMcKenzie

Race Date:
2011/09/04

Race Number:
R4

Decision:

As Mr Forrester had admitted this breach it was found to be proved in accordance with Rule 1111(1)(d).

Penalty:

On resuming the hearing we advised the parties that Mr Forrester would be fined the sum of $100.

Charge:

Alleged breach of Rule 502(1)

Facts:

Information was filed by Stipendiary Steward Mr NG McIntyre against Trainer Mr R J Forrester, alleging a breach of Rule 502(1) in that he failed to submit a trainer notification form to Harness Racing New Zealand 48 hours prior to nomination for “POWERTOFLY and “STERLING LUSTRE”

The charge reads as follows:
“I the above named informant allege that the above named Defendant committed a breach of Role 502(1) in that you failed to submit a trainer notification form 48 hours prior to nomination for “POWERTOFLY” and “STERLING LUSTRE”

Rule 502(1) reads: “At least 48 hours prior to nomination of a horse every trainer who has taken over or commenced the raining of such horse shall lodge a Trainer Notification form duly completed with the Chief Executive. Notwithstanding the provisions of this Rule the provisions of Rule 830 shall apply to any change of ownership between the time of entry for and the start of any race.
Such Trainer Notification Form shall contain the following information:
(a) horses name
(b) breeding
(c) age, colour, sex
(d) owners names
(e) trainers name and address
(f) whether the horse is to race in owners or trainers colours
(g) the horses freeze brand

Mr Forrester indicated on the Information that the breach was admitted and that he did not want to be present for the hearing.

Mr McIntyre gave evidence that the nomination time for this meeting was 1.00pm Monday 29 August 2011. He also stated that Harness Racing New Zealand had received the Trainer Notification Form for the two horses from Mr Forrester at 8.07pm on Sunday 28 August 2011 which was clearly outside the requirements of 48 hours prior as required by the Rule.

Submissions for Penalty:

In relation to penalty Mr McIntyre referred to the Minor Infringement Notice system which called for a $50 fine to be imposed. As this breach involved two horses trained by Mr Forrester Mr McIntyre submitted that a fine of $100 be imposed.

We adjourned to consider the matter of penalty.

Reasons for Penalty:

In considering the matter of penalty we took into account that a breach of this Rule under the Minor Infringement System was dealt with by way of a $50 fine. As this breach involved two horses trained by Mr Forrester for the same race, we were satisfied that the submissions made by the Stipendiary Stewards were fair and we decided that a fine of $100 would be appropriate 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: 62080dd01f568449d33c60b635a86599


informantnumber: 69476


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 11/09/2011


hearing_title: Methven TC 4 September 2011 - R 4


charge:

Alleged breach of Rule 502(1)


facts:

Information was filed by Stipendiary Steward Mr NG McIntyre against Trainer Mr R J Forrester, alleging a breach of Rule 502(1) in that he failed to submit a trainer notification form to Harness Racing New Zealand 48 hours prior to nomination for “POWERTOFLY and “STERLING LUSTRE”

The charge reads as follows:
“I the above named informant allege that the above named Defendant committed a breach of Role 502(1) in that you failed to submit a trainer notification form 48 hours prior to nomination for “POWERTOFLY” and “STERLING LUSTRE”

Rule 502(1) reads: “At least 48 hours prior to nomination of a horse every trainer who has taken over or commenced the raining of such horse shall lodge a Trainer Notification form duly completed with the Chief Executive. Notwithstanding the provisions of this Rule the provisions of Rule 830 shall apply to any change of ownership between the time of entry for and the start of any race.
Such Trainer Notification Form shall contain the following information:
(a) horses name
(b) breeding
(c) age, colour, sex
(d) owners names
(e) trainers name and address
(f) whether the horse is to race in owners or trainers colours
(g) the horses freeze brand

Mr Forrester indicated on the Information that the breach was admitted and that he did not want to be present for the hearing.

Mr McIntyre gave evidence that the nomination time for this meeting was 1.00pm Monday 29 August 2011. He also stated that Harness Racing New Zealand had received the Trainer Notification Form for the two horses from Mr Forrester at 8.07pm on Sunday 28 August 2011 which was clearly outside the requirements of 48 hours prior as required by the Rule.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Forrester had admitted this breach it was found to be proved in accordance with Rule 1111(1)(d).


sumissionsforpenalty:

In relation to penalty Mr McIntyre referred to the Minor Infringement Notice system which called for a $50 fine to be imposed. As this breach involved two horses trained by Mr Forrester Mr McIntyre submitted that a fine of $100 be imposed.

We adjourned to consider the matter of penalty.


reasonsforpenalty:

In considering the matter of penalty we took into account that a breach of this Rule under the Minor Infringement System was dealt with by way of a $50 fine. As this breach involved two horses trained by Mr Forrester for the same race, we were satisfied that the submissions made by the Stipendiary Stewards were fair and we decided that a fine of $100 would be appropriate in this case.


penalty:

On resuming the hearing we advised the parties that Mr Forrester would be fined the sum of $100.


hearing_type: Hearing


Rules: 502(1)


Informant: Mr NG McIntyre - Stipendiary Steward


JockeysandTrainer: Mr RJ Forrester - Licensed Trainer


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: fad8ac4f6ec9c45b6ec32b45cd589448


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R4


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 85ce21e9040204c57c6cff4e9fb02abd


meet_expapproval: approved


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 04/09/2011


meet_title: Methven TC - 4 September 2011


meet_expappcomment:


meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "SChing", "Member": "", "OtherExpenses": "0", "KMs": "178", "Total": "110.36", "kmprice": 110.36, "Approved": "on"}]


meet_otherexp:


tracklocation: methven-tc


meet_racingtype: harness-racing


meet_chair: SChing


meet_pm1: RMcKenzie


meet_pm2: none


name: Methven TC