NZ Metro TC – 5 November 2004 –
ID: JCA22277
Hearing Type (Code):
harness-racing
Decision: --
Following the running of Race 8, the Robbies Bar & Bistro Latter Street, Timaru Handicap Trot, an information was lodged by Stipendiary Steward Mrs K. R. Williams against Mr J. Clementson, licensed trainer of Rocky Mountaineer (9),
| -- DECISION AND REASONS: --Following the running of Race 8, the Robbies Bar & Bistro Latter Street, Timaru Handicap Trot, an information was lodged by Stipendiary Steward Mrs K. R. Williams against Mr J. Clementson, licensed trainer of Rocky Mountaineer (9), alleging a breach of Rule 864(2)(d). The charge reads as follows. ------"I the abovenamed informant allege that the abovenamed Defendant committed a breach of Rule 864(2)(d) in that the pull blinds on Rocky Mountaineer malfunctioned and could not be activated correctly." --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) ?. --
or come adrift." ----Mr Clementson had indicated on the information that he did not admit the --breach of this rule and he confirmed that at the hearing. --Mrs Williams gave evidence that after Race 8 Mr K. M. Barron, the driver of Rocky Mountaineer, had approached her and advised that he was unable to activate the pull down blinds and at that time it was quite clear to Mrs Williams that they had not in fact been activated. --Mrs Williams also stated that this was an offence of strict liability, and referred to Rule 1008 which provides as follows. --"In the absence of any express provision to the contrary in any proceeding --for a breach of these rules:- --
When asked by Mrs Williams for an explanation Mr Clementson said that he --could not see any reason for the malfunction. --Mr Clementson gave evidence that he had attached the pull down blinds to his horse and that before the race he had tried them out and they had worked. Mr Clementson also said that this was the first time the horse had worn the pull down blinds on a race night, but that he had worn them on other occasions in training. Mr Clementson could give no reason as to why this gear had failed to function on this occasion. --Having heard the evidence relating to this charge I was satisfied that the pull down blinds had failed to activate correctly. I was also satisfied that this is an offence of strict liability as set out in Rule 1008. For these reasons I found this charge to be proved. --PENALTY: The prosecution advised that the defendant has no previous relevant convictions. A fine of $100-00 was recommended. Mr Clementson said that he thought a fine of $100-00 was excessive. I took time to look at previous fines for similar offences and found that fines ranged from $100-00 to $400-00. I was satisfied that a fine of $100-00 was appropriate in this case and Mr Clememtson was fined this amount. ---- -- -- ________________ --
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Decision Date: 05/11/2004
Publish Date: 05/11/2004
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: a9be378823956dbb10290d5d67bca9bc
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 05/11/2004
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: NZ Metro TC - 5 November 2004 -
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--Following the running of Race 8, the Robbies Bar & Bistro Latter Street, Timaru Handicap Trot, an information was lodged by Stipendiary Steward Mrs K. R. Williams against Mr J. Clementson, licensed trainer of Rocky Mountaineer (9),
| -- DECISION AND REASONS: --Following the running of Race 8, the Robbies Bar & Bistro Latter Street, Timaru Handicap Trot, an information was lodged by Stipendiary Steward Mrs K. R. Williams against Mr J. Clementson, licensed trainer of Rocky Mountaineer (9), alleging a breach of Rule 864(2)(d). The charge reads as follows. ------"I the abovenamed informant allege that the abovenamed Defendant committed a breach of Rule 864(2)(d) in that the pull blinds on Rocky Mountaineer malfunctioned and could not be activated correctly." --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) ?. --
or come adrift." ----Mr Clementson had indicated on the information that he did not admit the --breach of this rule and he confirmed that at the hearing. --Mrs Williams gave evidence that after Race 8 Mr K. M. Barron, the driver of Rocky Mountaineer, had approached her and advised that he was unable to activate the pull down blinds and at that time it was quite clear to Mrs Williams that they had not in fact been activated. --Mrs Williams also stated that this was an offence of strict liability, and referred to Rule 1008 which provides as follows. --"In the absence of any express provision to the contrary in any proceeding --for a breach of these rules:- --
When asked by Mrs Williams for an explanation Mr Clementson said that he --could not see any reason for the malfunction. --Mr Clementson gave evidence that he had attached the pull down blinds to his horse and that before the race he had tried them out and they had worked. Mr Clementson also said that this was the first time the horse had worn the pull down blinds on a race night, but that he had worn them on other occasions in training. Mr Clementson could give no reason as to why this gear had failed to function on this occasion. --Having heard the evidence relating to this charge I was satisfied that the pull down blinds had failed to activate correctly. I was also satisfied that this is an offence of strict liability as set out in Rule 1008. For these reasons I found this charge to be proved. --PENALTY: The prosecution advised that the defendant has no previous relevant convictions. A fine of $100-00 was recommended. Mr Clementson said that he thought a fine of $100-00 was excessive. I took time to look at previous fines for similar offences and found that fines ranged from $100-00 to $400-00. I was satisfied that a fine of $100-00 was appropriate in this case and Mr Clememtson was fined this amount.---- -- -- ________________ --
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sumissionsforpenalty:
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penalty:
hearing_type: Old Hearing
Rules: 864.2.d
Informant:
JockeysandTrainer:
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Respondent:
StipendSteward:
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