Archive Decision

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Pakuranga HC 25 August 2012 – R 6

ID: JCA11791

Applicant:
Mr M Williamson - Stipendiary Steward

Respondent(s):
Mr B Gordon - Trainer of LOGAN JAMES

Other Person:
Mr L Tidmarsh - Assistant Stipendiary Steward

Information Number:
A2976

Hearing Type:
Hearing

Rules:
614(2)

Plea:
denied

Meet Title:
Pakuranga HC - 25 August 2012

Meet Chair:
RSeabrook

Meet Committee Member 1:
ADooley

Race Date:
2012/08/25

Race Number:
R 6

Decision:

For the above reasons we find the charge proved.

Penalty:

Taking all the above factors into account and in the interests of consistency with similar charges we impose a fine of $500.

Charge:

Omission of gear

Facts:

Following race 6 an information was filed pursuant to rule 614 (2).  The informant Mr Williamson alleged that Mr B Gordon, trainer of LOGAN JAMES was neglectful in the saddling of his horse when he omitted the lead bag.

Submissions for Decision:

Mr Williamson explained to the committee that prior to race 6 Mr L Tidmarsh, assistant stipendiary steward, informed him that the horse LOGAN JAMES had been presented at the plate inspection area without a lead bag.  Mr Williamson informed the committee that this area is the final point of inspection when all horses must be presented with their correct racing gear.

Mr Tidmarsh was called to give evidence and confirmed to the committee what Mr Williamson had submitted.  He said he was running late to  get to the inspection area but noticed LOGAN JAMES in the back parade ring without a lead bag.  He said he lifted the saddle cloth up to confirm his observation.  He told the committee he instructed Mr Gordon, the trainer of LOGAN JAMES, to go back and add the lead bag which he duly did.

Mr Gordon explained to the committee that he realised that as soon as he had gone through the plate inspection area that he had left off a lead bag.  He said at this point he could not turn around as there were other horses backed up behind him.  Mr Gordon said he informed Mr Tidmarsh what had happened and then went back to the saddling enclosure to add the lead bag.  He submitted that Mr Tidmarsh did not physically touch the horse to confirm the lead bag omission.

Mr Williamson in summing up said it is absolutely vital that all horses are presented at the plate inspection area to race in their correct gear.

Reasons for Decision:

The committee considered all evidence and submissions.  There is obviously some conflict in the account of what occurred regarding the lead bag omission.  However what is not in dispute is that the horse LOGAN JAMES was presented at the inpection area without a lead bag.  It is somewhat irrelevant as to how the mistake was discovered once the horse was past the inspection area.  Mr Gordon said he could not turn around at this point because of following horses but the committee is aware of tie up stalls alongside this area which can be used in such instances.  It is a well known and recognised fact that the plate inspection area is the final point when horses must be presented with their full and correct gear.

Submissions for Penalty:

Mr Williamson submitted that Mr Gordon had a clear record and said a fine of $500 which was consistent with similar breaches should be imposed.

Mr Gordon had nothing to add regarding penalty.

Reasons for Penalty:

The committee considered the penalty submissions as presented.  It was explained to Mr Gordon that the starting point for a breach of this rule as set down in the JCA penalty guide lines was a fine of $750.  This recommendation reflects the importance the industry places on the responsibility of all trainers to present their horses in the correct gear at the correct time and place.  However a mitigating factor in this charge is Mr Gordon's clear record. 

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: 2ba84f896a9654dcf58698b8b116cd2e


informantnumber: A2976


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: denied


penaltyrequired: 1


decisiondate: 19/08/2012


hearing_title: Pakuranga HC 25 August 2012 - R 6


charge:

Omission of gear


facts:

Following race 6 an information was filed pursuant to rule 614 (2).  The informant Mr Williamson alleged that Mr B Gordon, trainer of LOGAN JAMES was neglectful in the saddling of his horse when he omitted the lead bag.


appealdecision:


isappeal:


submissionsfordecision:

Mr Williamson explained to the committee that prior to race 6 Mr L Tidmarsh, assistant stipendiary steward, informed him that the horse LOGAN JAMES had been presented at the plate inspection area without a lead bag.  Mr Williamson informed the committee that this area is the final point of inspection when all horses must be presented with their correct racing gear.

Mr Tidmarsh was called to give evidence and confirmed to the committee what Mr Williamson had submitted.  He said he was running late to  get to the inspection area but noticed LOGAN JAMES in the back parade ring without a lead bag.  He said he lifted the saddle cloth up to confirm his observation.  He told the committee he instructed Mr Gordon, the trainer of LOGAN JAMES, to go back and add the lead bag which he duly did.

Mr Gordon explained to the committee that he realised that as soon as he had gone through the plate inspection area that he had left off a lead bag.  He said at this point he could not turn around as there were other horses backed up behind him.  Mr Gordon said he informed Mr Tidmarsh what had happened and then went back to the saddling enclosure to add the lead bag.  He submitted that Mr Tidmarsh did not physically touch the horse to confirm the lead bag omission.

Mr Williamson in summing up said it is absolutely vital that all horses are presented at the plate inspection area to race in their correct gear.


reasonsfordecision:

The committee considered all evidence and submissions.  There is obviously some conflict in the account of what occurred regarding the lead bag omission.  However what is not in dispute is that the horse LOGAN JAMES was presented at the inpection area without a lead bag.  It is somewhat irrelevant as to how the mistake was discovered once the horse was past the inspection area.  Mr Gordon said he could not turn around at this point because of following horses but the committee is aware of tie up stalls alongside this area which can be used in such instances.  It is a well known and recognised fact that the plate inspection area is the final point when horses must be presented with their full and correct gear.


Decision:

For the above reasons we find the charge proved.


sumissionsforpenalty:

Mr Williamson submitted that Mr Gordon had a clear record and said a fine of $500 which was consistent with similar breaches should be imposed.

Mr Gordon had nothing to add regarding penalty.


reasonsforpenalty:

The committee considered the penalty submissions as presented.  It was explained to Mr Gordon that the starting point for a breach of this rule as set down in the JCA penalty guide lines was a fine of $750.  This recommendation reflects the importance the industry places on the responsibility of all trainers to present their horses in the correct gear at the correct time and place.  However a mitigating factor in this charge is Mr Gordon's clear record. 


penalty:

Taking all the above factors into account and in the interests of consistency with similar charges we impose a fine of $500.


hearing_type: Hearing


Rules: 614(2)


Informant: Mr M Williamson - Stipendiary Steward


JockeysandTrainer: Mr B Gordon - Trainer of LOGAN JAMES


Otherperson: Mr L Tidmarsh - Assistant Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 67fcb0fed16f8a0a221ef5e56f5a267d


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 6


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 7e2e8cd4283d7b5aecd190c6666d3e5c


meet_expapproval: approved


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 25/08/2012


meet_title: Pakuranga HC - 25 August 2012


meet_expappcomment:


meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "RSeabrook", "Member": "", "OtherExpenses": "0", "KMs": "310", "Total": "192.2", "kmprice": 192.19999999999999, "Approved": "on"}]


meet_otherexp:


tracklocation: pakuranga-hc


meet_racingtype: harness-racing


meet_chair: RSeabrook


meet_pm1: ADooley


meet_pm2: none


name: Pakuranga HC