Rangiora HRC 1 March 2012 – R 1
ID: JCA16087
Meet Title:
Rangiora HRC - 1 March 2012
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2012/03/01
Race Number:
R1
Decision:
The charge was found proved.
Penalty:
Mr Jenkins was fined the sum of $200.
Charge:
Breach of Rule 864(2)(d)-gear malfunction.
Facts:
Following the running of Race 1, the Yaldhurst Hotel Mobile Pace, an information was filed against Public Trainer Mr R H Jenkins alleging a breach of Rule 869(2)(a) in that he failed to ensure the side hopple carrier did not come adrift.
The charge reads as follows:
“I the above named informant allege that the above named Respondent committed a breach of Rule 864(2)(d) in that you failed to affix the side hopple carrier on “Arden’s Southee” as to not come adrift.
Rule 869(2)(d) reads as follows:
(2) Every horseman, owner, trainer and assistant thereof of a horse shall with regard to that horse ensure that:
(d) all gear is correctly applied and/or affixed so as not to malfunction or come adrift;
Mr R H Jenkins who was represented by agent Mrs A Lethaby, had indicated on the Information that the charge was not admitted which was confirmed by Mrs Lethaby at the hearing. Mrs Lethaby also confirmed she understood the charge and the Rule it was brought under.
Submissions for Decision:
Mr Ydgren gave evidence and used video coverage to show that during the running the hopple side carrier on “Arden’s Southee”, driven by Mrs Lethaby, had come adrift. An inspection on return to the assembly area after the race, by Stipendiary Steward Mr S Wallis, revealed that the side carrier on “Arden’s Southee” had come undone during the race. Mr Wallis submitted that the gear appeared in good order and had not broken. Mr Ydgren submitted that the breach was a case of strict liability and a safety issue.
Mrs Lethaby acknowledged that the hopple side carrier had come undone during the race and that it was a safety issue. She submitted that they had done all that was possible to ensure the strap remained affixed by using quality gear and then taping the buckle. She also submitted that as they had done everything possible to ensure the gear remained affixed that it was just something that can happen, was nobody’s fault, and it was unreasonable to be charged with the breach.
Reasons for Decision:
The Committee carefully considered the evidence and submissions presented. Mrs Lethaby acknowledged that the hopple side carrier on “Arden’s Southee” had come adrift during the running. She believed that as they had done everything possible to ensure the carrier did not come undone and that it was nobody’s fault.
Mr Ydgren submitted that this was a case of safety and strict liability under the Rule.
In this case we are satisfied that the Rule is one of strict liability with the responsibility of the horse’s gear being that of the trainer.
Submissions for Penalty:
Mr Ydgren submitted that Mr Jenkins had no previous breaches under the Rule and that the starting point under the JCA Penalty Guide was a fine of $250. He also submitted that although the hopple side carrier had come adrift the subsequent effect on “Arden’s Southee” and other runners was minimal.
Mrs Lethaby submitted that a $250 fine was excessive.
Reasons for Penalty:
In determining penalty the Committee took into consideration Mr Jenkins’s clear penalty record. We also took into consideration the subsequent minimal effect on “Ardee’s Southee” and other runners.
We decided that an appropriate penalty was a fine of $200.
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: ba2d4413dd0a182a860bbdc8b95e45c9
informantnumber: A5153
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 1
decisiondate: 28/02/2012
hearing_title: Rangiora HRC 1 March 2012 - R 1
charge:
Breach of Rule 864(2)(d)-gear malfunction.
facts:
Following the running of Race 1, the Yaldhurst Hotel Mobile Pace, an information was filed against Public Trainer Mr R H Jenkins alleging a breach of Rule 869(2)(a) in that he failed to ensure the side hopple carrier did not come adrift.
The charge reads as follows:
“I the above named informant allege that the above named Respondent committed a breach of Rule 864(2)(d) in that you failed to affix the side hopple carrier on “Arden’s Southee” as to not come adrift.
Rule 869(2)(d) reads as follows:
(2) Every horseman, owner, trainer and assistant thereof of a horse shall with regard to that horse ensure that:
(d) all gear is correctly applied and/or affixed so as not to malfunction or come adrift;
Mr R H Jenkins who was represented by agent Mrs A Lethaby, had indicated on the Information that the charge was not admitted which was confirmed by Mrs Lethaby at the hearing. Mrs Lethaby also confirmed she understood the charge and the Rule it was brought under.
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren gave evidence and used video coverage to show that during the running the hopple side carrier on “Arden’s Southee”, driven by Mrs Lethaby, had come adrift. An inspection on return to the assembly area after the race, by Stipendiary Steward Mr S Wallis, revealed that the side carrier on “Arden’s Southee” had come undone during the race. Mr Wallis submitted that the gear appeared in good order and had not broken. Mr Ydgren submitted that the breach was a case of strict liability and a safety issue.
Mrs Lethaby acknowledged that the hopple side carrier had come undone during the race and that it was a safety issue. She submitted that they had done all that was possible to ensure the strap remained affixed by using quality gear and then taping the buckle. She also submitted that as they had done everything possible to ensure the gear remained affixed that it was just something that can happen, was nobody’s fault, and it was unreasonable to be charged with the breach.
reasonsfordecision:
The Committee carefully considered the evidence and submissions presented. Mrs Lethaby acknowledged that the hopple side carrier on “Arden’s Southee” had come adrift during the running. She believed that as they had done everything possible to ensure the carrier did not come undone and that it was nobody’s fault.
Mr Ydgren submitted that this was a case of safety and strict liability under the Rule.
In this case we are satisfied that the Rule is one of strict liability with the responsibility of the horse’s gear being that of the trainer.
Decision:
The charge was found proved.
sumissionsforpenalty:
Mr Ydgren submitted that Mr Jenkins had no previous breaches under the Rule and that the starting point under the JCA Penalty Guide was a fine of $250. He also submitted that although the hopple side carrier had come adrift the subsequent effect on “Arden’s Southee” and other runners was minimal.
Mrs Lethaby submitted that a $250 fine was excessive.
reasonsforpenalty:
In determining penalty the Committee took into consideration Mr Jenkins’s clear penalty record. We also took into consideration the subsequent minimal effect on “Ardee’s Southee” and other runners.
We decided that an appropriate penalty was a fine of $200.
penalty:
Mr Jenkins was fined the sum of $200.
hearing_type: Hearing
Rules: 864(2)(d)
Informant: N M Ydgren-Stipendiary Steward
JockeysandTrainer: R H Jenkins-Public Trainer
Otherperson: A L Lethaby-as Agent
PersonPresent:
Respondent:
StipendSteward:
raceid: 4d185b4a007dfaf042f3542ec453e4ab
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 3a0e3177b054efcaf7ba90d03937c1cc
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 01/03/2012
meet_title: Rangiora HRC - 1 March 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: rangiora-hrc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: Rangiora HRC