NZ Metro TC – 9 July 2009 – Race 7
ID: JCA20149
Hearing Type (Code):
harness-racing
Meet Title:
NZ Metro TC - 9 July 2009
Race Date:
2009/07/09
Race Number:
Race 7
Decision:
Following the running of Race 7, the Clark Boyce Lawyers Pace, an information was filed by Stipendiary Steward Mr N. G. McIntyre against Mr J. C. Hay, Licensed Trainer of “Uroc M’Lady” (14), alleging a breach of Rule 864(2)(d).
Following the running of Race 7, the Clark Boyce Lawyers Pace, an information was filed by Stipendiary Steward Mr N. G. McIntyre against Mr J. C. Hay, Licensed Trainer of “Uroc M’Lady” (14), 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 J. C. Hay as the trainer/driver of Uroc M’Lady failed to affix the ear plugs so as not to malfunction.”
--Rule 864(2)(d) reads as follows.
--“(2) Every horseman, owner, trainer and assistant thereof of a horse shall
with regard to that horse ensure that :-
(a) ….
(b) ….
(c) ….
(d) all gear is correctly applied and/or affixed so as not to malfunction or come adrift.”
Mr Hay had indicated on the information that he did not admit this breach
of the Rules and he confirmed this at the hearing. Mr Hay also agreed that he understood the charge and the Rule it was brought under.
Mr McIntyre gave evidence that after the running of Race 7, Mr Hay approached Stipendiary Steward Mrs Williams and advised her that one of the ear plugs had failed to release when he pulled the cord.
--Mr Hay gave evidence that he had adjusted this particular ear plug just before the race began, and he could not explain why it had not activated. He also said that after the race he had to use considerable force to remove this ear plug, and in doing so he had broken it. The ear plugs were presented for inspection, and it was agreed that they were in good condition.
--After hearing the evidence we adjourned to consider our decision. We were satisfied that when a Trainer affixes removable ear plugs they must not malfunction.
We were also satisfied that this breach of the Rules is one of strict liability; see Rule 1008(b).
On returning to the Enquiry Room we gave the following oral decision.
--“Having heard the evidence we are satisfied that the ear plugs on “Uroc M’Lady” malfunctioned. Mr Hay explained that just prior to the race he had adjusted the one ear plug that failed to activate.
--Mr Hay was at a loss to explain the malfunction. We are satisfied that this breach of the Rules is one of strict liability (Rule 1008(b)) and that the charge has been proved.”
--In relation to penalty Mr McIntyre advised that Mr Hay had no previous relevant convictions, and a fine of $100-00 was recommended. Mr Hay had no submissions to make in relation to penalty.
--
We were satisfied that a fine of $100-00 was appropriate in this case, and accordingly Mr Hay was fined the sum of $100-00.
--
J. M. Phelan
CHAIR
68045
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: 4020532b029fe1af1390fa233136d8b9
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 09/07/2009
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: NZ Metro TC - 9 July 2009 - Race 7
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Following the running of Race 7, the Clark Boyce Lawyers Pace, an information was filed by Stipendiary Steward Mr N. G. McIntyre against Mr J. C. Hay, Licensed Trainer of “Uroc M’Lady” (14), alleging a breach of Rule 864(2)(d).
Following the running of Race 7, the Clark Boyce Lawyers Pace, an information was filed by Stipendiary Steward Mr N. G. McIntyre against Mr J. C. Hay, Licensed Trainer of “Uroc M’Lady” (14), 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 J. C. Hay as the trainer/driver of Uroc M’Lady failed to affix the ear plugs so as not to malfunction.”
--Rule 864(2)(d) reads as follows.
--“(2) Every horseman, owner, trainer and assistant thereof of a horse shall
with regard to that horse ensure that :-
(a) ….
(b) ….
(c) ….
(d) all gear is correctly applied and/or affixed so as not to malfunction or come adrift.”
Mr Hay had indicated on the information that he did not admit this breach
of the Rules and he confirmed this at the hearing. Mr Hay also agreed that he understood the charge and the Rule it was brought under.
Mr McIntyre gave evidence that after the running of Race 7, Mr Hay approached Stipendiary Steward Mrs Williams and advised her that one of the ear plugs had failed to release when he pulled the cord.
--Mr Hay gave evidence that he had adjusted this particular ear plug just before the race began, and he could not explain why it had not activated. He also said that after the race he had to use considerable force to remove this ear plug, and in doing so he had broken it. The ear plugs were presented for inspection, and it was agreed that they were in good condition.
--After hearing the evidence we adjourned to consider our decision. We were satisfied that when a Trainer affixes removable ear plugs they must not malfunction.
We were also satisfied that this breach of the Rules is one of strict liability; see Rule 1008(b).
On returning to the Enquiry Room we gave the following oral decision.
--“Having heard the evidence we are satisfied that the ear plugs on “Uroc M’Lady” malfunctioned. Mr Hay explained that just prior to the race he had adjusted the one ear plug that failed to activate.
--Mr Hay was at a loss to explain the malfunction. We are satisfied that this breach of the Rules is one of strict liability (Rule 1008(b)) and that the charge has been proved.”
--In relation to penalty Mr McIntyre advised that Mr Hay had no previous relevant convictions, and a fine of $100-00 was recommended. Mr Hay had no submissions to make in relation to penalty.
--
We were satisfied that a fine of $100-00 was appropriate in this case, and accordingly Mr Hay was fined the sum of $100-00.
--
J. M. Phelan
CHAIR
68045
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 864.2.d, 1008.b
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: b7a8968292c8a986d904cf39c99cfe55
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 364d117816c464cd8abd78a25b657d6c
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 09/07/2009
meet_title: NZ Metro TC - 9 July 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