NZ Metro TC – 28 April 2005 – Race 1

Following the running of Race 1, The Edge Mobile Pace, an information was filed by Stipendiary Steward, Mr S T Larkins, against Licensed Trainer, Mr S G McEvoy, alleging a breach of Rule 864 (2) (d) in that the near side hopple carrier came adrift during the running causing KAHUNA BROMAC (trained by Mr McEvoy) to break and be retired from the event.

Mr McEvoy did not admit the breach.

Mr Larkins informed the Committee that Mrs Williams, Stipendiary Steward, had been approached after the race by Mr C D Thornley, driver of KAHUNA BROMAC, and told by him that the near-side hopple carrier strap on the horse had come undone during the running, causing the horse to break. Mrs Williams confirmed this and stated that it was clear from an inspection of the gear that the strap had come undone but it had not broken.

Mr McEvoy claimed that it was "a simple case of gear breakage". The gear had been made by and purchased from a local harness equipment supplier and was not the usual "Zilco" brand which he normally used. He stated that he was concerned when

he purchased the gear ? he felt that it was too light for the particular purpose ? although he had not previously experienced problems with it when he had used it at trials. He had doubts about the quality of the webbing, Mr McEvoy said. He said that he would not be using the gear again.

Mr Larkins sought leave to amend the information by substituting Rule 846 (2) (b) on the basis that the gear may not have been of "good quality and in good order and condition", as referred to in the Rule. Leave was granted and the amended charge was put to Mr McEvoy who admitted the breach on the basis that he was not at fault in having affixed the gear negligently but, rather, the gear was not fit for the particular purpose. The Committee accepted that Mr McEvoy was not at fault in affixing the gear.

On the basis of the plea to the amended charge, the charge was found to be proved.

Mr McEvoy was fined the sum of $100.00.