Morrinsville TC 9 December 2010 – R 3
ID: JCA10458
Meet Title:
Morrinsville TC - 9 December 2010
Meet Chair:
JHolloway
Meet Committee Member 1:
AGodsalve
Race Date:
2010/12/09
Race Number:
R3
Decision:
The committee was satisified the charge was proved.
Penalty:
Mr Pyers is ordered to pay a fine of $125.00.
Charge:
Mr Pyers was charged with presenting the horse Forever Faithful into the assembly area prior to race 3 without the notified fixed earplugs.
Facts:
Stipendiary Steward Mr Wallis told the hearing that he was checking equipment prior to the race he noted Forever Faithful appeared to have removeable earplugs instead of the notified fixed earplugs. During the race Mr Wallis positioned in the Steward's observation post near the 500 metre mark saw the horse travel past with the earplugs pulled.
Mr Wallis produced a copy of the relevant Official Notice from HRNZ which provided clear instructions on the trainers obligations. This had been included in copies of the Harness Racing Weekly and sent to all licensed persons. He also provided a copy of the HRNZ current gear record for Forever Faithful confirming the horse was listed as racing with fixed earplugs.
Trainer Mr Pyers admitted that the horse had worn removeable earplugs however it was his contention that the notification form he filled in did not list removeable earplugs . The horse had raced 7 times this season and he had pulled removeable earplugs every start. Mr Pyers said he had not read the relevant notice and had sent away a form which did not list removeable earplugs as an option.
Submissions for Decision:
Mr Taumanu told the committee that it was a clear breach and Mr Pyers had his responsibilities regardless of the number of horses he trained.
Mr Pyers said he only had the one horse and he had completed the form before the required time. He didn't know it was the wrong form.
Reasons for Decision:
The committee was satisified that the Official Notice had been properly communicated through recognised channels for the information of trainers. An obligation to respond properly rested with Mr Pyers.
Submissions for Penalty:
Mr Wallis told the committee that he had explained the breach to Mr Pyers on a couple of occasions and told him that a minor infringement notice would mean a $100 fine. Mr Pyers had continued to deny the charge which had resulted in a hearing. The Stipendiary Stewards sought a fine of $150.
Mr Pyers had no firm opinion on the fine amount but asked the committee to consider the matter with leniency.
Reasons for Penalty:
The requirements for notifiable gear have been clearly promulgated extensively for the information guidance and direction of trainers.
That Mr Pyers had not read the relevant directions and had completed an incorrect form forwarded to HRNZ is no defence to this breach.
The committee takes into account the Mr Pyers trains one horse but his obligations remain.
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: 027ef7c7254770464ce8cdb7609bfb2d
informantnumber: 69368
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 1
decisiondate: 09/12/2010
hearing_title: Morrinsville TC 9 December 2010 - R 3
charge:
Mr Pyers was charged with presenting the horse Forever Faithful into the assembly area prior to race 3 without the notified fixed earplugs.
facts:
Stipendiary Steward Mr Wallis told the hearing that he was checking equipment prior to the race he noted Forever Faithful appeared to have removeable earplugs instead of the notified fixed earplugs. During the race Mr Wallis positioned in the Steward's observation post near the 500 metre mark saw the horse travel past with the earplugs pulled.
Mr Wallis produced a copy of the relevant Official Notice from HRNZ which provided clear instructions on the trainers obligations. This had been included in copies of the Harness Racing Weekly and sent to all licensed persons. He also provided a copy of the HRNZ current gear record for Forever Faithful confirming the horse was listed as racing with fixed earplugs.
Trainer Mr Pyers admitted that the horse had worn removeable earplugs however it was his contention that the notification form he filled in did not list removeable earplugs . The horse had raced 7 times this season and he had pulled removeable earplugs every start. Mr Pyers said he had not read the relevant notice and had sent away a form which did not list removeable earplugs as an option.
appealdecision:
isappeal:
submissionsfordecision:
Mr Taumanu told the committee that it was a clear breach and Mr Pyers had his responsibilities regardless of the number of horses he trained.
Mr Pyers said he only had the one horse and he had completed the form before the required time. He didn't know it was the wrong form.
reasonsfordecision:
The committee was satisified that the Official Notice had been properly communicated through recognised channels for the information of trainers. An obligation to respond properly rested with Mr Pyers.
Decision:
The committee was satisified the charge was proved.
sumissionsforpenalty:
Mr Wallis told the committee that he had explained the breach to Mr Pyers on a couple of occasions and told him that a minor infringement notice would mean a $100 fine. Mr Pyers had continued to deny the charge which had resulted in a hearing. The Stipendiary Stewards sought a fine of $150.
Mr Pyers had no firm opinion on the fine amount but asked the committee to consider the matter with leniency.
reasonsforpenalty:
The requirements for notifiable gear have been clearly promulgated extensively for the information guidance and direction of trainers.
That Mr Pyers had not read the relevant directions and had completed an incorrect form forwarded to HRNZ is no defence to this breach.
The committee takes into account the Mr Pyers trains one horse but his obligations remain.
penalty:
Mr Pyers is ordered to pay a fine of $125.00.
hearing_type: Hearing
Rules: 865(2)
Informant:
JockeysandTrainer: Mr A Pyers
Otherperson: Mr T Taumanu, Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 126e91b47817cbfccdde08346360620a
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: a3678179a96443c500b3827deca0e8ab
meet_expapproval: approved
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 09/12/2010
meet_title: Morrinsville TC - 9 December 2010
meet_expappcomment:
meet_km: [{"Comment": [], "MemberRole": "Panel member 1 ", "MemberID": "AGodsalve", "Member": "", "OtherExpenses": "0", "KMs": "88", "Total": "54.56", "kmprice": 54.560000000000002, "Approved": "on"}, {"Comment": [], "kmprice": 85.560000000000002, "MemberID": "JHolloway", "Member": "", "KMs": "138", "OtherExpenses": "0", "Total": "85.56", "MemberRole": "Chair ", "Approved": "on"}]
meet_otherexp:
tracklocation: morrinsville-tc
meet_racingtype: harness-racing
meet_chair: JHolloway
meet_pm1: AGodsalve
meet_pm2: none
name: Morrinsville TC