NZ Metro TC – 14 July 2005 – Race 11

Following the running of Race 11, Fuji Xerox Handicap Trot, an information was filed by Stipendiary Steward, Mrs K R Williams, against Licensed Trainer, Mr P R Lamb, alleging that Mr C D Thornley, as the driver of ADAM?S FIRST (trained by Mr Lamb) in the race, could not activate the removeable ear plugs on that horse.

Mr Lamb did not admit the breach.

Mrs Williams stated that Mr Thornley reported to the Stipendiary Stewards, on returning to the birdcage after the race, that he had been unable to activate the earplugs on ADAM?S FIRST. There was no apparent reason for the removeable earplugs failing to activate. There appeared to be nothing wrong with the equipment.

Mr Lamb said that, when Mr Thornley informed him on returning to the stable block that the earplugs had failed to activate, he could see that the problem was that the cord had become entangled in the tree of the saddle. This was only apparent from a close inspection. Prior to the race, on three occasions, he had tested the earplugs to ensure that they would work and made adjustments on each occasion. He said that he believed that, after the horse went on to the track, the earplugs would have functioned if "nothing untoward" had happened. Mr Lamb further stated that the horse does not wear an overcheck and is, therefore, inclined to "throw his head around". For this reason, the cord is not fitted tightly but is "reasonably slack" and this could have been the cause of what happened.

Mrs Williams submitted that the offence was one of strict liability. She further submitted that, when a horse does not wear an overcheck, there can be a problem with earplugs but that does not amount to a defence. A trainer should be aware that, if a horse does not wear an overcheck, it can cause problems with some gear and that there are measures that can be taken to ensure that the cord does not become entangled.

Mr N G McIntyre, Stipendiary Steward, stated that he had "several goes", in Mr Thornley's presence, at removing the earplugs and was not able to fully remove them. He was able to pull them but not able to pull them out of the ears. He said that it appeared to him that the tape around the ears was too tight. Mr Lamb said that he "totally disagreed" with that.

The Committee read to Mr Lamb the provisions of Rule 1008.

The Committee accepted that Mr Lamb had tested the equipment prior to the race and that it appeared to be operating properly. The Committee accepted that there were factors that could intervene to cause the equipment to malfunction. However, the Committee accepted Mrs Williams' submission that strict liability applied. "Strict liability" simply means liability without fault. Notwithstanding Mr Lamb's submissions, the charge was found to be proved.

Mrs Williams recommended a fine of $100.00. Mr Lamb had no submissions to make in relation to penalty.

Mr Lamb was fined the sum of $100.00