NZ Metro TC – 6 August 2009 – Race 3, Race 6
ID: JCA19729
Hearing Type (Code):
harness-racing
Meet Title:
NZ Metro TC - 6 August 2009
Race Date:
2009/08/06
Race Number:
Race 3
Decision:
Information No. 68047, filed by Stipendiary Steward Mr S P Renault, alleged that Licensed Public Trainer, Mr W E Higgs, committed a breach of Rule 865 (4) and the Approved Gear Regulations in that as the trainer of BRUNO (Race 3) and REKLAWS BOY (Race 6) he was late in notifying a change of gear for the two horses.
--
Information No. 68047, filed by Stipendiary Steward Mr S P Renault, alleged that Licensed Public Trainer, Mr W E Higgs, committed a breach of Rule 865 (4) and the Approved Gear Regulations in that as the trainer of BRUNO (Race 3) and REKLAWS BOY (Race 6) he was late in notifying a change of gear for the two horses.
--The hearing of the information was adjourned part-heard to the meeting of Rangiora Harness Racing Club at Rangiora Raceway on Sunday, 16 August 2009. The hearing was conducted as a hearing de novo.
--Mr Higgs was present at the hearing of the information and did not admit the breach.
--Rule 865 provides as follows:
(4) The trainer and/or person in control of a horse shall present such horse in the assembly area with the same or identical gear, or with such different gear as has been notified as required by the foregoing provisions of this Rule.
Mr Renault sought leave of the Committee to withdraw the charge in relation to the horse, REKLAWS BOY. Leave was granted.
--Mr Renault said that the time for notification of drivers for the meting closed at 1.00pm on 4 August. Mr Higgs had sent a form in by fax for BRUNO on 5 August and the entry was made into the computer at 4.10pm on that date by Mr N G McIntyre, Stipendiary Steward. Mr Renault produced a copy of the form dated 5 August.
--Mr McIntyre said that he was at work on 5 August when the fax from Mr Higgs was received. He signed and entered it at 4.10pm that day.
--Mr Higgs said that a form for BRUNO had been sent to HRNZ on 4 August notifying the gear changes for BRUNO. Mr Higgs said that a staff member received a phone call from Mr Renault the next day, 5 August, seeking clarification of the details on the form. Mr Renault said that this was in respect of the form received for REKLAWS BOY which showed both a fixed hood and removeable earplugs. BRUNO only wears removeable earplugs, Mr Renault said.
--Mr Higgs then sent an amended form for BRUNO on 5 August to confirm the clarification given by phone. He believed that it was the form in relation to BRUNO that required clarification.
--The form for REKLAWS BOY was also produced and it was noted that it was dated 4 August. Mr Higgs said that the forms for both REKLAWS BOY and the original form for BRUNO had been sent together on 4 August. Mr Higgs as to why HRNZ were not prepared to produce the fax journal showing receipt of the faxes. Mr Renault said that HRNZ fax records did not show the faxes as having been received because Mr Higgs’ fax number information was not sent with the faxes. Mr Higgs submitted that it was encumbent upon HRNZ to show that that the fax was received after the relevant date and time and it was not able to do so. Mr Higgs was adamant that he had faxed forms for both horses on 4 August, prior to the closing time for notification.
--Following a deliberation, the Committee delivered the following oral decision:
“This matter is a classic case of a conflict of evidence. Mr Higgs, on the one hand, is adamant that he forwarded two forms – one for BRUNO and one for REKLAWS BOY – by fax to harness racing New Zealand prior to the deadline which was 1.00pm on 4 August. On the other hand, the Stewards maintain that the form for BRUNO was not received until 5 August and they have produced a copy of a form clearly dated 5 August.
Mr Higgs does not dispute that this form was sent on that date but said it was an amended form sent to clarify some confusion arising from the original form that had been sent within time.
HRNZ have no formal record of having received the forms for either horse on 4 August. That is not to say that that they did not receive them.
We have to be satisfied on a balance of probabilities before we can find the charge proved – that is to say, we need to be more satisfied than not. We have no reason not to believe Mr Higgs when he says that he faxed the forms for both horses on 4 August. We, therefore, have to give Mr Higgs the benefit of any doubt and there is clearly some considerable doubt as to the precise chronological sequence of events in this instance. So, the charge against Mr Higgs is dismissed.
R G McKenzie
CHAIR
68047
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: 62df06759c1645cbf8c4c778f973afed
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 06/08/2009
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: NZ Metro TC - 6 August 2009 - Race 3, Race 6
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Information No. 68047, filed by Stipendiary Steward Mr S P Renault, alleged that Licensed Public Trainer, Mr W E Higgs, committed a breach of Rule 865 (4) and the Approved Gear Regulations in that as the trainer of BRUNO (Race 3) and REKLAWS BOY (Race 6) he was late in notifying a change of gear for the two horses.
--
Information No. 68047, filed by Stipendiary Steward Mr S P Renault, alleged that Licensed Public Trainer, Mr W E Higgs, committed a breach of Rule 865 (4) and the Approved Gear Regulations in that as the trainer of BRUNO (Race 3) and REKLAWS BOY (Race 6) he was late in notifying a change of gear for the two horses.
--The hearing of the information was adjourned part-heard to the meeting of Rangiora Harness Racing Club at Rangiora Raceway on Sunday, 16 August 2009. The hearing was conducted as a hearing de novo.
--Mr Higgs was present at the hearing of the information and did not admit the breach.
--Rule 865 provides as follows:
(4) The trainer and/or person in control of a horse shall present such horse in the assembly area with the same or identical gear, or with such different gear as has been notified as required by the foregoing provisions of this Rule.
Mr Renault sought leave of the Committee to withdraw the charge in relation to the horse, REKLAWS BOY. Leave was granted.
--Mr Renault said that the time for notification of drivers for the meting closed at 1.00pm on 4 August. Mr Higgs had sent a form in by fax for BRUNO on 5 August and the entry was made into the computer at 4.10pm on that date by Mr N G McIntyre, Stipendiary Steward. Mr Renault produced a copy of the form dated 5 August.
--Mr McIntyre said that he was at work on 5 August when the fax from Mr Higgs was received. He signed and entered it at 4.10pm that day.
--Mr Higgs said that a form for BRUNO had been sent to HRNZ on 4 August notifying the gear changes for BRUNO. Mr Higgs said that a staff member received a phone call from Mr Renault the next day, 5 August, seeking clarification of the details on the form. Mr Renault said that this was in respect of the form received for REKLAWS BOY which showed both a fixed hood and removeable earplugs. BRUNO only wears removeable earplugs, Mr Renault said.
--Mr Higgs then sent an amended form for BRUNO on 5 August to confirm the clarification given by phone. He believed that it was the form in relation to BRUNO that required clarification.
--The form for REKLAWS BOY was also produced and it was noted that it was dated 4 August. Mr Higgs said that the forms for both REKLAWS BOY and the original form for BRUNO had been sent together on 4 August. Mr Higgs as to why HRNZ were not prepared to produce the fax journal showing receipt of the faxes. Mr Renault said that HRNZ fax records did not show the faxes as having been received because Mr Higgs’ fax number information was not sent with the faxes. Mr Higgs submitted that it was encumbent upon HRNZ to show that that the fax was received after the relevant date and time and it was not able to do so. Mr Higgs was adamant that he had faxed forms for both horses on 4 August, prior to the closing time for notification.
--Following a deliberation, the Committee delivered the following oral decision:
“This matter is a classic case of a conflict of evidence. Mr Higgs, on the one hand, is adamant that he forwarded two forms – one for BRUNO and one for REKLAWS BOY – by fax to harness racing New Zealand prior to the deadline which was 1.00pm on 4 August. On the other hand, the Stewards maintain that the form for BRUNO was not received until 5 August and they have produced a copy of a form clearly dated 5 August.
Mr Higgs does not dispute that this form was sent on that date but said it was an amended form sent to clarify some confusion arising from the original form that had been sent within time.
HRNZ have no formal record of having received the forms for either horse on 4 August. That is not to say that that they did not receive them.
We have to be satisfied on a balance of probabilities before we can find the charge proved – that is to say, we need to be more satisfied than not. We have no reason not to believe Mr Higgs when he says that he faxed the forms for both horses on 4 August. We, therefore, have to give Mr Higgs the benefit of any doubt and there is clearly some considerable doubt as to the precise chronological sequence of events in this instance. So, the charge against Mr Higgs is dismissed.
R G McKenzie
CHAIR
68047
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 865.4
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 662a2b3564812a87cb8ef3db3a9f1464
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 3
submittochair:
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race_km:
race_otherexp:
race_chair:
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race_pm2:
meetid: 54180784b3e98e84a4a0f9cc217bb3e9
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 06/08/2009
meet_title: NZ Metro TC - 6 August 2009
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: NZ Metro TC