Rangiora HRC – 3 February 2009 – Race 6
ID: JCA18894
Hearing Type (Code):
harness-racing
Meet Title:
Rangiora HRC - 3 February 2009
Race Date:
2009/02/03
Race Number:
Race 6
Decision: --
Following the running of Race 6, Mike Stratford Property Development Mobile Pace, an information was filed by Stipendiary Steward, Mrs K R Williams, against Holder of Licence to Train, Mr M A Cunningham, alleging a breach of Rule 864 (2) (d) in that Mr Cunningham "failed to affix a hopple sidestrap [to COURAGEOUS BEN] which came undone during the running".
--
Following the running of Race 6, Mike Stratford Property Development Mobile Pace, an information was filed by Stipendiary Steward, Mrs K R Williams, against Holder of Licence to Train, Mr M A Cunningham, alleging a breach of Rule 864 (2) (d) in that Mr Cunningham "failed to affix a hopple sidestrap [to COURAGEOUS BEN] which came undone during the running".
----Mr Cunningham was present at the hearing of the information and admitted the breach. The breach was found proved accordingly.
--------Rule 864 (2) (d) provides 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.
----Mrs Williams said that COURAGEOUS BEN had paced roughly round the final bend and its driver, T M Williams, informed the Stipendiary Stewards after the Race that the middle hopple carrier had come undone during the running. The horse paced roughly and then stood on the hopple carrier. Mrs Williams showed the incident on a video replay. She submitted that horse lost about 1-1½ lengths when it broke. Mrs Williams said the Mr Cunningham had previously been charged with a breach of the same Rule and fined $100 – on 14 October 2008 at Addington. She stated that she accepted that Mr Cunningham had checked the gear prior to the horse racing today. The incident had no bearing on the outcome of the Race, she said.
----Mr Cunningham said that since the October breach, which he acknowledged, he had been "100 per cent double sure" that the carrier is through the keeper. He produced the carrier and submitted that the holes were quite large and the buckle had not held it. He was adamant that he had put the carrier in the keeper prior to today’s race. Mrs Williams accepted that the rough pacing action of the horse may conceivably have caused the malfunction. The gear was not in a state of neglect, she said. Mrs Williams recommended a fine of $100.
----The Committee accepted that what happened may have been the result of an unfortunate accident. However, the breach is one of strict liability. Having regard to Mr Cunningham’s admission of the breach, his explanation and the submissions of Mrs Williams, Mr Cunningham was fined the sum of $100.
----R G McKenzie
--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: 20dbef4e864247795e398430966b251a
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 03/02/2009
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Rangiora HRC - 3 February 2009 - Race 6
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--Following the running of Race 6, Mike Stratford Property Development Mobile Pace, an information was filed by Stipendiary Steward, Mrs K R Williams, against Holder of Licence to Train, Mr M A Cunningham, alleging a breach of Rule 864 (2) (d) in that Mr Cunningham "failed to affix a hopple sidestrap [to COURAGEOUS BEN] which came undone during the running".
--
Following the running of Race 6, Mike Stratford Property Development Mobile Pace, an information was filed by Stipendiary Steward, Mrs K R Williams, against Holder of Licence to Train, Mr M A Cunningham, alleging a breach of Rule 864 (2) (d) in that Mr Cunningham "failed to affix a hopple sidestrap [to COURAGEOUS BEN] which came undone during the running".
----Mr Cunningham was present at the hearing of the information and admitted the breach. The breach was found proved accordingly.
--------Rule 864 (2) (d) provides 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.
----Mrs Williams said that COURAGEOUS BEN had paced roughly round the final bend and its driver, T M Williams, informed the Stipendiary Stewards after the Race that the middle hopple carrier had come undone during the running. The horse paced roughly and then stood on the hopple carrier. Mrs Williams showed the incident on a video replay. She submitted that horse lost about 1-1½ lengths when it broke. Mrs Williams said the Mr Cunningham had previously been charged with a breach of the same Rule and fined $100 – on 14 October 2008 at Addington. She stated that she accepted that Mr Cunningham had checked the gear prior to the horse racing today. The incident had no bearing on the outcome of the Race, she said.
----Mr Cunningham said that since the October breach, which he acknowledged, he had been "100 per cent double sure" that the carrier is through the keeper. He produced the carrier and submitted that the holes were quite large and the buckle had not held it. He was adamant that he had put the carrier in the keeper prior to today’s race. Mrs Williams accepted that the rough pacing action of the horse may conceivably have caused the malfunction. The gear was not in a state of neglect, she said. Mrs Williams recommended a fine of $100.
----The Committee accepted that what happened may have been the result of an unfortunate accident. However, the breach is one of strict liability. Having regard to Mr Cunningham’s admission of the breach, his explanation and the submissions of Mrs Williams, Mr Cunningham was fined the sum of $100.
----R G McKenzie
--CHAIRMAN
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 864.2.d
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: b3c4b7528ea6d5900cd798034316c2c8
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 8f974ea44f833fab656ac6c67ab53490
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 03/02/2009
meet_title: Rangiora HRC - 3 February 2009
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: rangiora-hrc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Rangiora HRC