NZ Metro TC 22 November 2011 – R 7
ID: JCA10682
Meet Title:
NZ Metro TC - 22 November 2011
Meet Chair:
JMillar
Meet Committee Member 1:
RMcKenzie
Race Date:
2011/11/22
Race Number:
R7
Decision:
We accordingly find the charge proved.
Penalty:
A fine of $250 was imposed.
Charge:
Stipendiary Steward, Mr N G McIntyre, filed an information against Licensed Trainer, Mr W E Castle alleging a breach of Rule 864(2)(d). It was alleged that:
"You failed to affix one of Classic Vance's side carriers so as not to come adrift".
Rule 864(2)(d) reads as follows:
“(2) Every horseman, owner, trainer and assistant thereof of a horse shall with regard to that horse ensure that – (d) all gear is correctly applied and/or affixed so as not to malfunction or come adrift”
Facts:
Mr McIntyre produced a side hopple carrier which had been picked up from the race track after race 7 by Mr Lamb, the Race Starter. He produced it for inspection and gave evidence as to its good, undamaged condition. Mr McIntyre identified, using the race video, a problem with a side hopple carrier affixed to CLASSIC VANCE shortly before the Show Grounds Bend. In the race video, it was clear that an article of harness had become loose.
Mr Castle identified the hopple carrier as his and one which had been fitted to CLASSIC VANCE for the purposes of race 7. He also conceded that it had become loose during the race and fallen to the track.
Mr Castle gave evidence that he had been responsible for gearing CLASSIC VANCE up before the race and that he was at a complete loss as to how it had come adrift. He gave evidence that the strap had only been used on race day and had only been used a maximum of 10 times. He gave evidence that he had never had any previous problems with gear and would never use gear that might fail.
Submissions for Decision:
Mr McIntyre submitted that the offence was one of strict liability. He conceded no reason to vary from this course. He indicated that the matter would normally be dealt with by way of Minor Infringement Notice, but an information had been laid as Mr Castle wished to defend the matter.
Mr Castle accepted that the offence was one of strict liability. He was at a loss to offer any explanation that would assist.
Reasons for Decision:
We are satisfied that the side hopple carrier was affixed in such a fashion that it became adrift during the race. We accept that Mr Castle fitted a sound harness and was at a loss to explain why it had become adrift. In the absence of any evidence or event to distance Mr Castle from fault, we find the charge proved.
Submissions for Penalty:
Mr McIntyre submitted that the standard fine, when these matters are dealt with by way of Minor Infringement Notice, is $250.
Mr Castle submitted that the level of fine was excessive.
Reasons for Penalty:
The Panel concluded, that the standard fine of $250, when such a matter is dealt with by Minor Offence Notice, should stand.
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: 07406c10f30b9644d670703b1ae47eda
informantnumber: A1030
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 1
decisiondate: 23/11/2011
hearing_title: NZ Metro TC 22 November 2011 - R 7
charge:
Stipendiary Steward, Mr N G McIntyre, filed an information against Licensed Trainer, Mr W E Castle alleging a breach of Rule 864(2)(d). It was alleged that:
"You failed to affix one of Classic Vance's side carriers so as not to come adrift".
Rule 864(2)(d) reads as follows:
“(2) Every horseman, owner, trainer and assistant thereof of a horse shall with regard to that horse ensure that – (d) all gear is correctly applied and/or affixed so as not to malfunction or come adrift”
facts:
Mr McIntyre produced a side hopple carrier which had been picked up from the race track after race 7 by Mr Lamb, the Race Starter. He produced it for inspection and gave evidence as to its good, undamaged condition. Mr McIntyre identified, using the race video, a problem with a side hopple carrier affixed to CLASSIC VANCE shortly before the Show Grounds Bend. In the race video, it was clear that an article of harness had become loose.
Mr Castle identified the hopple carrier as his and one which had been fitted to CLASSIC VANCE for the purposes of race 7. He also conceded that it had become loose during the race and fallen to the track.
Mr Castle gave evidence that he had been responsible for gearing CLASSIC VANCE up before the race and that he was at a complete loss as to how it had come adrift. He gave evidence that the strap had only been used on race day and had only been used a maximum of 10 times. He gave evidence that he had never had any previous problems with gear and would never use gear that might fail.
appealdecision:
isappeal:
submissionsfordecision:
Mr McIntyre submitted that the offence was one of strict liability. He conceded no reason to vary from this course. He indicated that the matter would normally be dealt with by way of Minor Infringement Notice, but an information had been laid as Mr Castle wished to defend the matter.
Mr Castle accepted that the offence was one of strict liability. He was at a loss to offer any explanation that would assist.
reasonsfordecision:
We are satisfied that the side hopple carrier was affixed in such a fashion that it became adrift during the race. We accept that Mr Castle fitted a sound harness and was at a loss to explain why it had become adrift. In the absence of any evidence or event to distance Mr Castle from fault, we find the charge proved.
Decision:
We accordingly find the charge proved.
sumissionsforpenalty:
Mr McIntyre submitted that the standard fine, when these matters are dealt with by way of Minor Infringement Notice, is $250.
Mr Castle submitted that the level of fine was excessive.
reasonsforpenalty:
The Panel concluded, that the standard fine of $250, when such a matter is dealt with by Minor Offence Notice, should stand.
penalty:
A fine of $250 was imposed.
hearing_type: Hearing
Rules: 864(2)(d)
Informant: Mr N G McIntyre - Stipendiary Steward
JockeysandTrainer: Mr W E Castle - Licenced Trainer
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 2a9c6ead9ada1f9db77bb1f58943f951
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 17c5ecad9068aba6781bd507cd5b17aa
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 22/11/2011
meet_title: NZ Metro TC - 22 November 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: JMillar
meet_pm1: RMcKenzie
meet_pm2: none
name: NZ Metro TC