NZ Metro TC – 9 August 2007 – Race 1

hearingid: 54a27c2ceef4cdbc2ce80ec103417d6d

informantnumber:

horsename:

hearing_racingtype: harness-racing

startdate: 09/08/2007

newcharge:

plea:

penaltyrequired:

decisiondate: no date provided

hearing_title: NZ Metro TC - 9 August 2007 - Race 1

charge:

facts:

appealdecision:

isappeal:

submissionsfordecision:

reasonsfordecision:

Decision:

Following the running of Race 1, Cupra Recovery Mobile Pace, an information was filed by Stipendiary Steward, Mrs K R Williams, against Licensed Public Trainer, Mr C T Dalgety, in that Mr Dalgety, as the trainer of LITTLE HENRY in the Race, "failed to affix the removeable hood on LITTLE HENRY correctly

Following the running of Race 1, Cupra Recovery Mobile Pace, an information was filed by Stipendiary Steward, Mrs K R Williams, against Licensed Public Trainer, Mr C T Dalgety, in that Mr Dalgety, as the trainer of LITTLE HENRY in the Race, "failed to affix the removeable hood on LITTLE HENRY correctly resulting in it malfunctioning and not being able to be activated by driver, D J Dunn, after numerous attempts.

Mr Dalgety was present at the hearing of the information and indicated that he did not admit the breach.

Mrs Williams stated that it was noticed, on the horse returning to the birdcage, that the removeable hood on LITTLE HENRY had not been activated. Mr Dunn did not advise the Stipendiary Stewards of the malfunction as required by the Rules. When spoken to later, Mr Dunn told the Stipendiary Stewards that he had not been able to activate the removeable hood because he was running out of room.

Mrs Williams submitted that it was quite apparent from video replays that Mr Dunn had attempted to activate on two occasions and, on the first of those occasions had attempted to pull it twice. He was running out of room however the ears of the horse did come back and the hood should have come off. Mrs Williams pointed out that the breach is one of strict liabllity.

Mr N G McIntyre, Stipendiary Steward, showed the video replays. At about the 200 metres he pointed out Mr Dunn attempt to activate the hood. He was then held up for a run for another 100 metres at which point he moved inside NIMITZ, used the whip and attempted again to activate the hood. He pointed out the hood go down and the ears of the horse go back.

Mr Dalgety acknowledged that it had been attempted to activate the removeable hood at the 250 metres and that the ears of the horse came back. Mr Dalgety said that the hood was brand new, having been purchased only last week, and that he had put it on himself. He did not believe that it was defective. He submitted that, on the next occasion, it was not activated for safety reasons. He was informed of the situation by Mr Dunn on the horse returning to the stabling area. He submitted that there was no fault on his part.

Mr Dunn said that, just after he had pulled the cord the first time, he had to check off another runner. He confirmed that he had "made a good attempt" to remove the hood.

Following a deliberation, the Committee delivered the following oral decision:

"We have listened to the submissions of Mr Dalgety and we accept that there is no evidence of fault on his part. However, the Stipendiary Stewards do not have to prove fault ? they only have to prove that the removeable hood failed to activate. We are satisfied that, in this case, that fact has been proved. It was clear to us from the video replays that Mr Dunn had the opportunity to activate the removeable hood and did, in fact, attempt to do so. Mr Dunn himself acknowledged that. It is clear, and it was not disputed by Mr Dalgety, that the hood was not removed. Therefore, the breach of the Rule has been proved".

Mrs Williams recommended a fine of $100. Mr Dalgety had no submission to make in relation to penalty.

Mr Dalgety was fined the sum of $100.

R G McKenzie

sumissionsforpenalty:

reasonsforpenalty:

penalty:

hearing_type: Old Hearing

Rules:

Informant:

JockeysandTrainer:

Otherperson:

PersonPresent:

Respondent:

StipendSteward:

raceid: aa7a3cfccf0809543294a01b6b312ff4

race_expapproval:

racecancelled: 0

race_noreport: 0

race_emailed1: 0

race_emailed2: 0

race_title: Race 1

submittochair:

race_expappcomment:

race_km:

race_otherexp:

race_chair:

race_pm1:

race_pm2:

meetid: a0aae3ec83f4b5d5c9556b2dbfeecd57

meet_expapproval:

meet_noreport: 0

waitingforpublication: 0

meet_emailed1: 0

meet_emailed2: 0

meetdate: 09/08/2007

meet_title: NZ Metro TC - 9 August 2007

meet_expappcomment:

meet_km:

meet_otherexp:

tracklocation: nz-metro-tc

meet_racingtype: harness-racing

meet_chair:

meet_pm1:

meet_pm2:

name: NZ Metro TC