Archive Decision

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Nelson HRC – 10 June 2007 – Race 7

ID: JCA22503

Hearing Type:
Old Hearing

Rules:
858.a, 834.3

Hearing Type (Code):
harness-racing

Meet Title:
Nelson HRC - 10 June 2007

Race Date:
2007/06/10

Race Number:
Race 7

Decision:

Following the running of race eight on the programme, an Information was lodged against Mr K James, the trainer of Smart Hanover, alleging a breach of Rule 858(a) & (b), in that he presented this horse late in the parade area .



Following the running of race seven on the programme, an Information was lodged against Mr S Dolan, the trainer of Ferrero, alleging a breach of Rule 834(3), in that he failed to advise the secretary to scratch Ferrero from this race after being declared unfit to start by the Club's veterinary surgeon.

--

--

Mr Dolan admitted the breach and indicated he did not wish to be present. However, the chairman considered it was appropriate to hear from Mr Dolan and he was asked to appear before the committee.

--

--

Explaining the circumstances, stipendiary steward Mr Taumanu said that just before start time, the stewards learned that Ferrero was not starting in the main race of the day. It transpired that the horse had been inspected by the veterinary surgeon earlier in the day, at about race 2, and a certificate provided. He said that it seemed Mr Dolan assumed the vet would scratch the horse but that did not occur and, of course, the onus was on him.

--

--

Mr Taumanu said that Mr Dolan was very embarrassed over the incident. He openly admitted the breach and accepted it could have caused what he himself termed ?chaos' by not knowing of the scratching until late in the piece.

--

--

In respect to the late withdrawal, the committee heard that, with the certificate provided, it was otherwise in order, and it was perhaps fortunate that the circumstances did not deny another horse a start in the race.

--

--

In the circumstances, and considering this was Mr Dolan's first such breach, his open admission and embarrassment over the matter, he recommended a monetary penalty in the order of $200.00.

--

--

On his attendance, Mr Dolan confirmed the situation as explained, and said it was his misunderstanding. He accepted the responsibility and he felt acutely embarrassed over the incident.

--

..2

--

--

 

--

..2

--

--

 

--

Penalty:

--

--

In this case, an Information has been filed against trainer Mr Dolan alleging a breach of Rule 834(3) in that he failed to advise the secretary to scratch Ferrero from race seven, after it being declared unfit to start by the Club's veterinary surgeon.

--

--

Mr Dolan admitted the breach and elected not to be present. However, the committee was sooner he be in attendance and his presence was requested.

--

--

The committee heard that Mr Dolan's horse, Ferrero, was scratched on veterinary advice but he failed to advise the secretary, his presumption being that that would be done by the veterinary surgeon. To his acute embarrassment, that did not occur and it was fortunately found out by the stipendiary stewards when the horses were in the parade area.

--

--

There was an inconvenience to the punters, and to the Club, and had the potential to be hugely disruptive. Mr Dolan accepts that it was his responsibility, and he was genuinely embarrassed as a result.

--

--

In determining penalty, and in Mr Dolan's case, I am satisfied that that embarrassment is, in itself, a substantial penalty and that he will learn from it. He is also fined the sum of $200.00.

--

--

 

--

P H Welch

--

Chairman

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: ea298aaa5a937d3539e50114b5e8b810


informantnumber:


horsename:


hearing_racingtype: harness-racing


startdate: 10/06/2007


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Nelson HRC - 10 June 2007 - Race 7


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Following the running of race eight on the programme, an Information was lodged against Mr K James, the trainer of Smart Hanover, alleging a breach of Rule 858(a) & (b), in that he presented this horse late in the parade area .



Following the running of race seven on the programme, an Information was lodged against Mr S Dolan, the trainer of Ferrero, alleging a breach of Rule 834(3), in that he failed to advise the secretary to scratch Ferrero from this race after being declared unfit to start by the Club's veterinary surgeon.

--

--

Mr Dolan admitted the breach and indicated he did not wish to be present. However, the chairman considered it was appropriate to hear from Mr Dolan and he was asked to appear before the committee.

--

--

Explaining the circumstances, stipendiary steward Mr Taumanu said that just before start time, the stewards learned that Ferrero was not starting in the main race of the day. It transpired that the horse had been inspected by the veterinary surgeon earlier in the day, at about race 2, and a certificate provided. He said that it seemed Mr Dolan assumed the vet would scratch the horse but that did not occur and, of course, the onus was on him.

--

--

Mr Taumanu said that Mr Dolan was very embarrassed over the incident. He openly admitted the breach and accepted it could have caused what he himself termed ?chaos' by not knowing of the scratching until late in the piece.

--

--

In respect to the late withdrawal, the committee heard that, with the certificate provided, it was otherwise in order, and it was perhaps fortunate that the circumstances did not deny another horse a start in the race.

--

--

In the circumstances, and considering this was Mr Dolan's first such breach, his open admission and embarrassment over the matter, he recommended a monetary penalty in the order of $200.00.

--

--

On his attendance, Mr Dolan confirmed the situation as explained, and said it was his misunderstanding. He accepted the responsibility and he felt acutely embarrassed over the incident.

--

..2

--

--

 

--

..2

--

--

 

--

Penalty:

--

--

In this case, an Information has been filed against trainer Mr Dolan alleging a breach of Rule 834(3) in that he failed to advise the secretary to scratch Ferrero from race seven, after it being declared unfit to start by the Club's veterinary surgeon.

--

--

Mr Dolan admitted the breach and elected not to be present. However, the committee was sooner he be in attendance and his presence was requested.

--

--

The committee heard that Mr Dolan's horse, Ferrero, was scratched on veterinary advice but he failed to advise the secretary, his presumption being that that would be done by the veterinary surgeon. To his acute embarrassment, that did not occur and it was fortunately found out by the stipendiary stewards when the horses were in the parade area.

--

--

There was an inconvenience to the punters, and to the Club, and had the potential to be hugely disruptive. Mr Dolan accepts that it was his responsibility, and he was genuinely embarrassed as a result.

--

--

In determining penalty, and in Mr Dolan's case, I am satisfied that that embarrassment is, in itself, a substantial penalty and that he will learn from it. He is also fined the sum of $200.00.

--

--

 

--

P H Welch

--

Chairman


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Old Hearing


Rules: 858.a, 834.3


Informant:


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: b5dafe6b494fa9dc7e2ad00c17e5c558


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: Race 7


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 06c26149607b0449647bcfaa005dd0f6


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 10/06/2007


meet_title: Nelson HRC - 10 June 2007


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: nelson-hrc


meet_racingtype: harness-racing


meet_chair:


meet_pm1:


meet_pm2:


name: Nelson HRC