Archive Decision

This decision has been migrated from the JCA website. Information is accurate but formatting may differ from contemporary decisions. Please contact us for any further enquiries.

NZ Metro TC – 1 January 2009 – Race 9

ID: JCA21441

Hearing Type:
Old Hearing

Rules:
849.2

Hearing Type (Code):
harness-racing

Meet Title:
NZ Metro TC - 1 January 2009

Race Date:
2009/01/01

Race Number:
Race 9

Decision:

Following the running of Race 9, the Gutes Neues Jahr Mobile Pace, an information was laid by Stipendiary Steward Mr S. P. Renault against Mr B. A. Waldron, licensed trainer of “Breath of Life” (7), alleging a breach of Rule 849(2).  It was alleged that the defendant presented “Breath of Life” in the assembly area with saddle cloth No. 8 instead of saddle cloth No. 7.



DECISION AND REASONS:

--

 

--

Following the running of Race 9, the Gutes Neues Jahr Mobile Pace, an information was laid by Stipendiary Steward Mr S. P. Renault against Mr B. A. Waldron, licensed trainer of “Breath of Life” (7), alleging a breach of Rule 849(2).  It was alleged that the defendant presented “Breath of Life” in the assembly area with saddle cloth No. 8 instead of saddle cloth No. 7.

--

 

--

Mr Waldron had indicated on the information that he admitted this breach of the Rules, and that he did not wish to attend the hearing.

--

 

--

Mr Renault said that the horse had entered the birdcage by the time the mistake was noticed, and a fine of $200-00 was recommended.  Mr Renault said that a higher than usual fine was recommended because breaches of this Rule were becoming more common.  

--

 

--

I was aware that previous fines for a breach of this Rule, in similar circumstances, and for a first offence, have usually been $100-00.  I agree with the Stipendiary Stewards that breaches of this Rule are far too common, and that the cause is simple carelessness.  I am aware of three such breaches locally in the last month.

--

 

--

I believe it would be unfair to depart from the established fine amount without giving trainers prior notice of an intention to seek higher fines.  For this reason Mr Waldron will be fined the sum of $100-00.

--

 

--

Footnote:   A breach of this Rule can only result from carelessness, and as mentioned above these breaches have become more frequent lately.  Trainers are to be aware that they are on notice that future breaches of this Rule will result in heavier fines.  It is also noted that the Penalty Guidelines recommends that a starting point for a fine for a breach of this Rule is $150-00. 

--

 

--

 

--

 

--

 

--

J.    M. Phelan

--

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: ba48a7cf8044fe425b6e3cfdc10c8365


informantnumber:


horsename:


hearing_racingtype: harness-racing


startdate: 01/01/2009


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: NZ Metro TC - 1 January 2009 - Race 9


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Following the running of Race 9, the Gutes Neues Jahr Mobile Pace, an information was laid by Stipendiary Steward Mr S. P. Renault against Mr B. A. Waldron, licensed trainer of “Breath of Life” (7), alleging a breach of Rule 849(2).  It was alleged that the defendant presented “Breath of Life” in the assembly area with saddle cloth No. 8 instead of saddle cloth No. 7.



DECISION AND REASONS:

--

 

--

Following the running of Race 9, the Gutes Neues Jahr Mobile Pace, an information was laid by Stipendiary Steward Mr S. P. Renault against Mr B. A. Waldron, licensed trainer of “Breath of Life” (7), alleging a breach of Rule 849(2).  It was alleged that the defendant presented “Breath of Life” in the assembly area with saddle cloth No. 8 instead of saddle cloth No. 7.

--

 

--

Mr Waldron had indicated on the information that he admitted this breach of the Rules, and that he did not wish to attend the hearing.

--

 

--

Mr Renault said that the horse had entered the birdcage by the time the mistake was noticed, and a fine of $200-00 was recommended.  Mr Renault said that a higher than usual fine was recommended because breaches of this Rule were becoming more common.  

--

 

--

I was aware that previous fines for a breach of this Rule, in similar circumstances, and for a first offence, have usually been $100-00.  I agree with the Stipendiary Stewards that breaches of this Rule are far too common, and that the cause is simple carelessness.  I am aware of three such breaches locally in the last month.

--

 

--

I believe it would be unfair to depart from the established fine amount without giving trainers prior notice of an intention to seek higher fines.  For this reason Mr Waldron will be fined the sum of $100-00.

--

 

--

Footnote:   A breach of this Rule can only result from carelessness, and as mentioned above these breaches have become more frequent lately.  Trainers are to be aware that they are on notice that future breaches of this Rule will result in heavier fines.  It is also noted that the Penalty Guidelines recommends that a starting point for a fine for a breach of this Rule is $150-00. 

--

 

--

 

--

 

--

 

--

J.    M. Phelan

--

Chairman


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Old Hearing


Rules: 849.2


Informant:


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 0a92eb311c69104e20143334f1aba20d


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: Race 9


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 16b1ddc34a4c6c706a90a30c1bf3aff9


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 01/01/2009


meet_title: NZ Metro TC - 1 January 2009


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: nz-metro-tc


meet_racingtype: harness-racing


meet_chair:


meet_pm1:


meet_pm2:


name: NZ Metro TC