NZ Metro TC – 29 January 2008 – Race 4

hearingid: 8e2d3e79ea49e83b60affdbb970f831e

informantnumber:

horsename:

hearing_racingtype: harness-racing

startdate: 29/01/2008

newcharge:

plea:

penaltyrequired:

decisiondate: no date provided

hearing_title: NZ Metro TC - 29 January 2008 - Race 4

charge:

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Decision:

An information was laid by Stipendiary Steward Mr N. R. Ydgren against Mr K. B. Ford, Licensed Trainer of “Stringy Bark” (3), alleging a breach of Rule 864(2)(b).  Mr Ford had brought the horse to Addington Raceway to run in Race 4, The Breeze Handicap Trot.  The charge reads as follows.

“I the abovenamed informant allege that the abovenamed Defendant committed a breach of Rule 864(2)(b) in that K. Ford presented Stringy Bark on course with shoes in poor repair requiring the on course farrier to attend to the mare.”

The rule reads as follows.

“(2) Every horseman, owner, trainer and assistant thereof of a horse shall

with regard to that horse ensure that :-

            (a) ….

(b) any gear, appliance or device used in a race is of good quality and in good order and condition….”

Mr Ford had indicated on the information that he did not admit this breach

of the Rules and he confirmed this at the hearing. Mr Ford also agreed that he understood the Rule and the nature of the charge.

Mr Ydgren gave evidence that Mr Ford had called for the assistance of the farrier, Mr B Wilson, to remove the hind shoes from his horse STRINGY BARK (3) which was engaged in Race 4.  The shoes were found to be in a worn condition and the matter was reported to the Stipendiary Stewards.  The shoes were produced at the hearing, one being a half shoe and the other a shoe that was in two halves.

The official course farrier, Mr Brian Wilson, was called to give evidence.  Mr Wilson said that he had been a farrier for about 50 years, and I was satisfied that he was qualified as an expert in this field.  He said that when he removed the shoes he found they were both “completely had it”.  Mr Wilson also said that the shoes were unsafe and completely worn out.  Mr Wilson also said that there was a danger the shoes could have come off during a race.

Mr Ford asked Mr Wilson if the remaining 1½ hind shoes were firmly nailed on, and Mr Wilson agreed that they were.

Mr Ford gave evidence that STRINGY BARK had managed to tear off half of one rear shoe during the float trip to the racecourse.  When he found this had happened he asked Mr Wilson to remove both rear shoes so that his horse could race.  Mr Ford also said that he was aware of the condition of the shoes, but believed that the shoes were in good enough condition for the horse to race in.

In summary Mr Ydgren said that the charge had been laid because the shoes were not in a good condition as required by the Rules, and that they were in that condition when Mr Ford loaded his horse on the float for the trip to the racecourse.

In summary Mr Ford said that the shoes were “fine” when he loaded the horse on the float, and that when it was found that one shoe had been damaged it was decided that both rear shoes should be removed.  Mr Ford denied that the shoes were in such a poor condition that he was in breach of the Rules.

After hearing the evidence I was satisfied that there were several issues that needed to be addressed, and I advised the parties that I was adjourning my decision until 1 February 2008. 

The evidence was that Mr Ford brought his horse to Addington Raceway with the rear shoes in a worn condition.   I am also satisfied that Mr Ford was well aware of the condition of the shoes, and that it was his intention to race his horse in those shoes.  Mr Ford’s explanation was that STRINGY BARK races best with light shoes on her hind feet.

The evidence of the Stipendiary Stewards and Mr Wilson was quite clear that shoes were in a very worn condition.  This is evidenced by the fact that one half shoe was torn off during the float trip to the course, and by the other shoe breaking in two when it was removed.  Shoes in “good order” would not have broken like this.

Rule 864(2)(b) is breached (in this case) where the trainer of a horse fails to ensure that any gear used in a race is of good quality and in good order and condition.  Shoes are listed as approved gear under the “Approved Gear” Regulation.

Rule 1008 provides as follows.

“1008.  In the absence of any express provision to the contrary in any

proceeding for a breach of these Rules:-

(a)                it shall not be necessary for the informant to prove that the defendant

or any person intended to commit that or any breach of the Rule; and

(b)               any breach of the Rule shall be considered as an offence of strict liability.”

This breach of the Rules is therefore an offence of strict liability and to defend

a charge under the Rule it would be necessary for Mr Ford to show that the shoes were in fact in good condition.  There was clear evidence that this was not the case, and I reject Mr Ford’s argument that the shoes were adequate and that he was happy to allow his horse to race in those shoes.

I therefore find this charge proved.

Penalty:   

The Stipendiary Stewards advised that Mr Ford had no previous convictions under this Rule, and recommended a fine of $100-00.  Mr Ford had no relevant submissions to make as to penalty.

I was satisfied that a fine of $100-00 was appropriate, and Mr Ford was therefore fine the sum of $100-00.

J M Phelan

Chairman

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hearing_type: Old Hearing

Rules: 864.2.b

Informant:

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StipendSteward:

raceid: 55be43efb50f5f628f4fc22b4fe91b54

race_expapproval:

racecancelled: 0

race_noreport: 0

race_emailed1: 0

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race_title: Race 4

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meetid: e64edb6e618ed8e9cb2680b55569b49c

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meetdate: 29/01/2008

meet_title: NZ Metro TC - 29 January 2008

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tracklocation: nz-metro-tc

meet_racingtype: harness-racing

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name: NZ Metro TC