Archive Decision

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NZ Metro TC – 8 November 2005 – Race 1

ID: JCA21573

Hearing Type:
Old Hearing

Hearing Type (Code):
harness-racing

Meet Title:
NZ Metro TC - 8 November 2005

Race Date:
2005/11/08

Race Number:
Race 1

Decision: --

Following the running of Race 1, Searells Chartered Accountants Handicap Trot, an information was filed by Chief Stipendiary Steward, Mr N R Escott, against Licensed Trainer, Mr K B Ford, alleging that Mr Ford, as the trainer of ZURI, failed to affix the pull down blinds on that horse as not to malfunction with only one being able to be activated.



--

DECISION AND REASONS:

--

Following the running of Race 1, Searells Chartered Accountants Handicap Trot, an information was filed by Chief Stipendiary Steward, Mr N R Escott, against Licensed Trainer, Mr K B Ford, alleging that Mr Ford, as the trainer of ZURI, failed to affix the pull down blinds on that horse as not to malfunction with only one being able to be activated.

--

Mr Ford did not admit the breach.

--

The Committee heard evidence from the Stipendiary Stewards, Mr M P Jones, driver of ZURI, and submissions from Mr Ford. Following a deliberation, the Committee delivered the following oral decision:

--

"The Committee has deliberated having heard the evidence and submissions of all concerned. As I said Mr Ford, this offence is one of strict liability ? in other words, once we have found that a particular piece of equipment has malfunctioned, we have to find the charge proved. In this particular instance, there has been a technical malfunction in that both sides of the pull down blinds were intended to come down. However, on this occasion, only one side has come down and that, it seems, on one pull of the cord by Mr Jones. As I said, we regard this as a technical malfunction but a malfunction nonetheless. The Committee accepts that, had Mr Jones noticed that malfunction and pulled the cord again, the other side of the blinds would have likely come down and we would not have been here.

--

So, the Committee finds that the charge is proved. However, we accept that, as far as we can tell Mr Ford was blameless in what happened and that what happened was, largely, beyond his control. Having regard to that and all of the circumstances of this case we have decided that we do not intend to impose any penalty on Mr Ford.".

--

CHAIRMAN

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: d447f8b7aa61b7a97725ffc5cdaefb14


informantnumber:


horsename:


hearing_racingtype: harness-racing


startdate: 08/11/2005


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: NZ Metro TC - 8 November 2005 - Race 1


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

--

Following the running of Race 1, Searells Chartered Accountants Handicap Trot, an information was filed by Chief Stipendiary Steward, Mr N R Escott, against Licensed Trainer, Mr K B Ford, alleging that Mr Ford, as the trainer of ZURI, failed to affix the pull down blinds on that horse as not to malfunction with only one being able to be activated.



--

DECISION AND REASONS:

--

Following the running of Race 1, Searells Chartered Accountants Handicap Trot, an information was filed by Chief Stipendiary Steward, Mr N R Escott, against Licensed Trainer, Mr K B Ford, alleging that Mr Ford, as the trainer of ZURI, failed to affix the pull down blinds on that horse as not to malfunction with only one being able to be activated.

--

Mr Ford did not admit the breach.

--

The Committee heard evidence from the Stipendiary Stewards, Mr M P Jones, driver of ZURI, and submissions from Mr Ford. Following a deliberation, the Committee delivered the following oral decision:

--

"The Committee has deliberated having heard the evidence and submissions of all concerned. As I said Mr Ford, this offence is one of strict liability ? in other words, once we have found that a particular piece of equipment has malfunctioned, we have to find the charge proved. In this particular instance, there has been a technical malfunction in that both sides of the pull down blinds were intended to come down. However, on this occasion, only one side has come down and that, it seems, on one pull of the cord by Mr Jones. As I said, we regard this as a technical malfunction but a malfunction nonetheless. The Committee accepts that, had Mr Jones noticed that malfunction and pulled the cord again, the other side of the blinds would have likely come down and we would not have been here.

--

So, the Committee finds that the charge is proved. However, we accept that, as far as we can tell Mr Ford was blameless in what happened and that what happened was, largely, beyond his control. Having regard to that and all of the circumstances of this case we have decided that we do not intend to impose any penalty on Mr Ford.".

--

CHAIRMAN


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Old Hearing


Rules:


Informant:


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 3965de662efbdde68ba02f16da06ecb1


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name: NZ Metro TC