NZ Metro TC 27 November 2020 – R 6 (heard 29 November 2020 at Addington) – Chair, Mr S Ching

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startdate: 27/11/2020

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hearing_title: NZ Metro TC 27 November 2020 - R 6 (heard 29 November 2020 at Addington) - Chair, Mr S Ching

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Decision:

RACEDAY JUDICIAL COMMITTEE DECISION

Meeting: New Zealand Metropolitan Trotting Club

Date:-27 November 2020

Race: 6

Rules:-865(2)

Committee:-S C Ching - Chairman

Names: G Court - Licensed Trainer

Informant:-N Ydgren - Chief Stipendiary Steward

Information Number: A12392

Plea:-Admitted

Charge: Breach of Rule 865(2) - presented horse with non-notified gear.

Evidence:

This charge was adjourned at the NZMTC meeting on 27 November and heard at the NZMTC meeting at Addington Raceway on 29 November.

This charge would normally be dealt with by way of a Minor Infringement Notice but as this was Mr Court’s 3rd breach within 120 days, an Information was filed by the Stewards.

Following the running of Race 6, the QE II Collison Repairs Mobile Trot, an Information was filed by Chief Stipendiary Steward Mr N Ydgren against Licensed Trainer Mr G Court, alleging a breach of Rule 865(2) in that he presented the colt, TERROR EYES to race with non-notified gear, being removable deafeners.

Rule 865(2) reads as follows:

“(2) Every horse entered in a totalisator race shall be presented in the assembly area prior to the race in the same notifiable gear as that notified under sub-rule (1).”

Mr Court had indicated on the Information that this breach of the Rules was admitted. Mr Court also requested that he be excused from attending the hearing as he was busy with his team and attending to several colts in the stabling area at today’s meeting. His request was granted.

Submissions For Decision:

Mr Ydgren stated that Mr Court had presented TERROR EYES to race with non-notified gear being removable deafeners.

Reasons For Decision:

As Mr Court had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).

Decision:

The charge was found to be proved.

Submissions on Penalty:

Mr Ydgren stated that this was Mr Court's 3rd breach of this rule within 120 days, being 16 August at Oamaru where he was fined $100 under the MIN system. He was also fined $100 under the MIN system at Kurow on 18 October 2020. Mr Ydgren submitted that an uplift for this breach was warranted and submitted that a fine of $150 be considered as penalty in this case.

Reasons For Penalty:

The JCA Penalty Guide provides a $100 fine within the MIN system for a 1st and 2nd breach of this rule within a 120-day period. As this is Mr Court’s 3rd breach within the 120 days, an uplift in penalty is warranted. The Committee set this uplift at $50 and determined that a fine of $150 was an appropriate penalty in this case.

Penalty:

Accordingly, Mr Court was fined the sum of $150.

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hearing_type: Old Hearing

Rules: 865(2)

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