Archive Decision

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Northland TC – 20 July 2010 – R 3

ID: JCA19589

Hearing Type:
Old Hearing

Rules:
865(4)

Hearing Type (Code):
harness-racing

Meet Title:
Northland TC - 20 July 2010

Meet Chair:
tom

Meet Committee Member 1:
tom

Meet Committee Member 2:
tom

Race Date:
2010/07/20

Race Number:
R 3

Decision: --

RACEDAY JUDICIAL COMMITTEE DECISION

--

Informant: Mr B Van Kan Stipendiary Steward

--

Defendant: Mr B Newberry     

--

Information: 68646     

--

Meeting: Northland Harness Racing Club       

--

Date: 20 July 2010               

--

Venue:  Alexandra Park Raceway            

--

Race: 3               

--

Rule No: 865 (4)          

--

Judicial Committee:  B Rowe, Chairman – J Holloway, Committee Member

--

Plea: Admitted                 

--

 

--

CHARGE(s):    

--

Being the trainer of SONYA BRYDON, presented the horse in the assembly area without the notified half blinds.

--

 

--

FACTS:           

--

Mr Van Kan said the horse last raced on the 9th May 2009 and on that occasion wore half blinds. The horse was presented in to the assembly area today without half blinds. Mr Newberry said both he and his stable foreman had forgotten that the horse wore half blinds when it last raced.    

--

                    

--

SUBMISSION(s) ON PENALTY:    

--

Mr Van Kan said the recommended penalty for a breach of this rule was $100. He said Mr Newberry had no breaches of the rules recorded against him. He said the rule was primarily for the benefit of punters. He submitted that a fine of $100 was appropriate.  Mr Newberry said he had been in the industry for 35 years and never breached this rule before. He said that a fine of $100 was unfair taking into account the horse had not raced for over a year.                     

--

                           

--

REASON(s):   

--

 In fixing penalty the committee takes into account the admission of the breach, the submissions of Mr Van Kan and Mr Newberry, the recommended starting point and Mr Newberry’s clear record over a period of many years. The committee accepts the rule is primarily for the benefit of punters but does not believe that punters would have been disadvantaged by the horse not wearing half blinds given that it last raced fourteen months ago.

--

 

--

PENALTY:      

--

Balancing the above matters and with emphasis on the fact that punters would not have been disadvantaged, Mr Newberry is issued with a Judicial Warning. He is also reminded of his responsibilities in relation to this rule.

--

 

--

 

--

B Rowe                                J Holloway

--

Chairman                            Committee Member

--

68646

--

 

--

 

--

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: 4315a4102dcbc86a479ce174a7a08918


informantnumber:


horsename:


hearing_racingtype: harness-racing


startdate: 20/07/2010


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Northland TC - 20 July 2010 - R 3


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

--

RACEDAY JUDICIAL COMMITTEE DECISION

--

Informant: Mr B Van Kan Stipendiary Steward

--

Defendant: Mr B Newberry     

--

Information: 68646     

--

Meeting: Northland Harness Racing Club       

--

Date: 20 July 2010               

--

Venue:  Alexandra Park Raceway            

--

Race: 3               

--

Rule No: 865 (4)          

--

Judicial Committee:  B Rowe, Chairman – J Holloway, Committee Member

--

Plea: Admitted                 

--

 

--

CHARGE(s):    

--

Being the trainer of SONYA BRYDON, presented the horse in the assembly area without the notified half blinds.

--

 

--

FACTS:           

--

Mr Van Kan said the horse last raced on the 9th May 2009 and on that occasion wore half blinds. The horse was presented in to the assembly area today without half blinds. Mr Newberry said both he and his stable foreman had forgotten that the horse wore half blinds when it last raced.    

--

                    

--

SUBMISSION(s) ON PENALTY:    

--

Mr Van Kan said the recommended penalty for a breach of this rule was $100. He said Mr Newberry had no breaches of the rules recorded against him. He said the rule was primarily for the benefit of punters. He submitted that a fine of $100 was appropriate.  Mr Newberry said he had been in the industry for 35 years and never breached this rule before. He said that a fine of $100 was unfair taking into account the horse had not raced for over a year.                     

--

                           

--

REASON(s):   

--

 In fixing penalty the committee takes into account the admission of the breach, the submissions of Mr Van Kan and Mr Newberry, the recommended starting point and Mr Newberry’s clear record over a period of many years. The committee accepts the rule is primarily for the benefit of punters but does not believe that punters would have been disadvantaged by the horse not wearing half blinds given that it last raced fourteen months ago.

--

 

--

PENALTY:      

--

Balancing the above matters and with emphasis on the fact that punters would not have been disadvantaged, Mr Newberry is issued with a Judicial Warning. He is also reminded of his responsibilities in relation to this rule.

--

 

--

 

--

B Rowe                                J Holloway

--

Chairman                            Committee Member

--

68646

--

 

--

 

--

sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Old Hearing


Rules: 865(4)


Informant:


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 0d8fb3bfd726e5978f0fd78476c91db3


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 3


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 77a405fd193cf4d763b5d8803ca4d6bc


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 20/07/2010


meet_title: Northland TC - 20 July 2010


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: northland-tc


meet_racingtype: harness-racing


meet_chair: tom


meet_pm1: tom


meet_pm2: tom


name: Northland TC