Non Raceday Inquiry – NZTR v E Tomes 6 August 2011 – Decision

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decisiondate: 05/08/2011

hearing_title: Non Raceday Inquiry - NZTR v E Tomes 6 August 2011 - Decision

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Decision:

Non Raceday Inquiry Judicial Decision
Informant: Mr M Williamson – Stipendiary Steward
Defendant: Mr E Tomes – Class C Licensed rider
Information Number: 461
Hearing Date: 6 August 2011
Hearing Venue: Pukekohe
Judicial Committee: A Dooley (Chairman) - G Jones (Committee Member)
Rule No: 610(2) and 610(4)
Also Present: Mr B Foote – Licensed Trainer and Employer
Plea: Admitted
Charge:
Mr Williamson alleged that at the Counties trials held on the 19th July 2011, Mr E Tomes had in his possession a body protector that was in poor condition and had been modified.
Evidence:
Mr Williamson said he observed Mr Tomes walk past him at the trials on the 19th July 2011 with a modified vest in his possession. He advised the committee that the vest was confiscated and confirmed when asked by the Chairman that Mr Tomes did not wear this vest when riding in the trials.
Mr Williamson displayed Mr Tomes vest and pointed out to the committee the non compliance. This included the piece of Velcro that had been modified and the lower section of the vest that had been cut off. He informed the committee that he was going to charge Mr Tomes under Rule 610(4) as Mr Tomes was not mounted on his horse when in possession of the modified vest as per rule 610(2).
Mr Tomes submitted that he picked up the wrong vest when leaving home bound for the trials. Mr Foote added on Mr Tomes' behalf that he did have an approved vest. Mr Tomes said he accepts full responsibility for the error.
Decision:
As Mr Tomes admitted the breach, we find the charge proved.
Submissions for Penalty:
Mr Williamson said Mr Tomes modification to his vest was a clear breach of the rules. Mr Tomes had a clear record under this rule. Mr Williamson’s submission was for a fine consistent with similar penalties, which have been a fine of $200.00.
Mr Tomes and Mr Foote both acknowledged that the vest was clearly non compliant and would accept a fine.
Reason for Penalty:
The committee carefully considered all the evidence and submissions presented. We had the opportunity to inspect the vest and ordered that the confiscated vest be forfeited for destruction. Mitigating factors are Mr Tomes admission of the breach, no previous breaches of the rule. The aggravating factors are the modifications made to the vest with the lower section been cut off a major concern. The committee reminded Mr Foote of his obligations as Mr Tomes employer to ensure compliance in the future as safety is paramount. The informant did not seek costs and no costs are sought by the JCA as the hearing was held prior to the race day commencing.
 

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Accordingly after taking all the above factors into account we impose a fine of $200.00.

hearing_type: Non-race day

Rules: 610(2)and 610(4)

Informant: Mr M Williamson - Stipendiary Steward

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PersonPresent: Mr B Foote - Licensed Trainer and Employer of Mr Tomes

Respondent: Mr E Tomes - Class C Licensed Rider

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