NZ Metro TC – 25 August 2006 – Race 7
ID: JCA19296
Hearing Type (Code):
harness-racing
Meet Title:
NZ Metro TC - 25 August 2006
Race Date:
2006/08/25
Race Number:
Race 7
Decision: --
Mr Dunn was charged with a breach of Rule 834 (2) (a) in that he scratched the horse METERMASTER, trained by him, from Race 7, Vero Insurance Handicap Pace, at 10.00am on race morning, after the official right of re-entry time (7.30am).
--
DECISION AND REASONS:
--Mr Dunn was charged with a breach of Rule 834 (2) (a) in that he scratched the horse METERMASTER, trained by him, from Race 7, Vero Insurance Handicap Pace, at 10.00am on race morning, after the official right of re-entry time (7.30am).
----The charge was heard at the meeting of New Zealand Metropolitan Trotting Club on 1 September 2006 the information having been filed with the Registrar during the meeting on 25 August 2006. Mr Dunn was present at the hearing of the information and did not admit the breach.
----Mr McIntyre said that the Stipendiary Stewards had been informed by Mr B P Rabbitt, Assistant Racing Manager of the Club, that Mr Dunn had notified the scratching of METERMASTER at 10.00am on raceday. The right of re-entry time for the meeting was 7.30am on raceday. The scratching was clearly late and the Rule was one of strict liability, Mr McIntyre submitted.
----Mr Dunn explained that METERMASTER was under offer but the sale was not confirmed until the morning of the race. He was not prepared to scratch the horse until the money had been confirmed. The negotiations had been commenced on Monday but the money did not come through until Thursday morning. He said that he immediately phoned Mr Rabbitt to inform him that the horse had been sold to America and had already left to travel north. He believed that this was at about 9.00am. He submitted that he did not deny any other horse a start as it was not a full field. Had there been balloted horses awaiting a start, he would have definitely scratched the horse prior to 7.30am, Mr Dunn said. Mr Dunn said that he had helped the Club out on numerous occasions by starting horses to help make up fields.
----Mr Dunn said that he did not want to let the Club down but this was the first occasion on which a horse had been sold and left his property with the money having come through on race morning. It was out of his hands, he said.
----Mr McIntyre stated that betting had opened on the race at 8.30am and that it was a final field fixed odds race on which deductions applied.
----The Rule requires that a horse shall not be late scratched unless there are sufficient circumstances which warrant the horse being scratched. The sale of the horse after the scratching deadline time does not, in the Committee's view, amount to sufficient circumstances and this view is consistent with previous cases where that defence has been advanced and rejected. It is a breach of strict liability. The charge was found to be proved.
----Mr McIntyre recommended a fine of $200.
----The Committee took into account the submissions of the parties in determining penalty. In particular, the Committee took into account the submissions of Mr Dunn that no other horse had been denied a start in the race as a result of the late scratching and that he had notified the Club by 9.00am, thereby minimising any effects on the Club and the betting public. In addition, the Committee accepted Mr Dunn's submission that he had not previously breached this Rule. These are relevant mitigating factors that the Committee felt compelled to give some weight to in determining the appropriate penalty.
----Mr Dunn was fined the sum of $150.00
----R G McKenzie
----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: 35e02fbb70b4671fe21a83c560183832
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 25/08/2006
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: NZ Metro TC - 25 August 2006 - Race 7
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--Mr Dunn was charged with a breach of Rule 834 (2) (a) in that he scratched the horse METERMASTER, trained by him, from Race 7, Vero Insurance Handicap Pace, at 10.00am on race morning, after the official right of re-entry time (7.30am).
--
DECISION AND REASONS:
--Mr Dunn was charged with a breach of Rule 834 (2) (a) in that he scratched the horse METERMASTER, trained by him, from Race 7, Vero Insurance Handicap Pace, at 10.00am on race morning, after the official right of re-entry time (7.30am).
----The charge was heard at the meeting of New Zealand Metropolitan Trotting Club on 1 September 2006 the information having been filed with the Registrar during the meeting on 25 August 2006. Mr Dunn was present at the hearing of the information and did not admit the breach.
----Mr McIntyre said that the Stipendiary Stewards had been informed by Mr B P Rabbitt, Assistant Racing Manager of the Club, that Mr Dunn had notified the scratching of METERMASTER at 10.00am on raceday. The right of re-entry time for the meeting was 7.30am on raceday. The scratching was clearly late and the Rule was one of strict liability, Mr McIntyre submitted.
----Mr Dunn explained that METERMASTER was under offer but the sale was not confirmed until the morning of the race. He was not prepared to scratch the horse until the money had been confirmed. The negotiations had been commenced on Monday but the money did not come through until Thursday morning. He said that he immediately phoned Mr Rabbitt to inform him that the horse had been sold to America and had already left to travel north. He believed that this was at about 9.00am. He submitted that he did not deny any other horse a start as it was not a full field. Had there been balloted horses awaiting a start, he would have definitely scratched the horse prior to 7.30am, Mr Dunn said. Mr Dunn said that he had helped the Club out on numerous occasions by starting horses to help make up fields.
----Mr Dunn said that he did not want to let the Club down but this was the first occasion on which a horse had been sold and left his property with the money having come through on race morning. It was out of his hands, he said.
----Mr McIntyre stated that betting had opened on the race at 8.30am and that it was a final field fixed odds race on which deductions applied.
----The Rule requires that a horse shall not be late scratched unless there are sufficient circumstances which warrant the horse being scratched. The sale of the horse after the scratching deadline time does not, in the Committee's view, amount to sufficient circumstances and this view is consistent with previous cases where that defence has been advanced and rejected. It is a breach of strict liability. The charge was found to be proved.
----Mr McIntyre recommended a fine of $200.
----The Committee took into account the submissions of the parties in determining penalty. In particular, the Committee took into account the submissions of Mr Dunn that no other horse had been denied a start in the race as a result of the late scratching and that he had notified the Club by 9.00am, thereby minimising any effects on the Club and the betting public. In addition, the Committee accepted Mr Dunn's submission that he had not previously breached this Rule. These are relevant mitigating factors that the Committee felt compelled to give some weight to in determining the appropriate penalty.
----Mr Dunn was fined the sum of $150.00
----R G McKenzie
----CHAIRMAN
------
--
--
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 834.2.a
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 9ef98bfb2c5c460b35e720d2d78c5088
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 815d49ebac06b2d31cf604685a2db7e5
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 25/08/2006
meet_title: NZ Metro TC - 25 August 2006
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: NZ Metro TC