Reefton TC 10 March 2013 – R 4
ID: JCA12405
Meet Title:
Reefton TC - 10 March 2013
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2013/03/10
Race Number:
R 4
Decision:
The charge was found proved.
Penalty:
Mr Edge was fined the sum of $180.
Charge:
Breach of Rule 864(2)(d) - gear malfunction.
Facts:
This charge would normally be dealt with by way of a Minor Infringement Notice but Mr Ydgren had filed an information in this case due to the horse having to be retired from the event and the consequential effects from this. Mr Ydgren submitted that the standard MIN fine of $100 was insufficient when a horse was forced to be retired from an event due to gear coming adrift.
Following the running of Race 4, the Greg Topp Electrical Mobile Pace, an information was filed against Public Trainer Mr N B Edge, alleging a breach of Rule 869(2)(d) 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 N Edge as the trainer of Midnight Poacher failed to affix the back carrier so as not to 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 Edge had indicated on the Information that the charge was admitted and had informed the Stewards that he did not wish to be present at the hearing.
Submissions for Decision:
Mr Ydgren gave evidence and used video coverage to show that during the running the hopple back carrier on “Midnight Poacher”, driven by Mr J Dunn, had come adrift and as a result the horse had to be retired from the event. An inspection on return to the assembly area after the race revealed that the back carrier on “Midnight Poacher” had come undone during the race. Mr Ydgren submitted that the back strap buckle had not been taped which led to the hopple back carrier coming adrift.
Reasons for Decision:
As Mr Edge had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Submissions for Penalty:
Mr Ydgren submitted that Mr Edge had no previous breaches under the Rule and credit should be given for his admission of the breach. Mr Ydgren submitted that a fine of $180 was recommended. He stated that two previous breaches at Blenheim with similar circumstances, where the horses were retired from their respective races, due to gear coming adrift, had both resulted in $180 fines.
Reasons for Penalty:
In determining penalty the Committee took into consideration Mr Edge’s clear penalty record and his admission of the breach. We also took into consideration the consequential effect on “Midnight Poacher”, which had to be retired from the event. To be consistent we believed that an appropriate penalty in this case was a fine of $180.
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: 58eca40a7a17bd5f450c0853f9005a2a
informantnumber: A4978
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 10/03/2013
hearing_title: Reefton TC 10 March 2013 - R 4
charge:
Breach of Rule 864(2)(d) - gear malfunction.
facts:
This charge would normally be dealt with by way of a Minor Infringement Notice but Mr Ydgren had filed an information in this case due to the horse having to be retired from the event and the consequential effects from this. Mr Ydgren submitted that the standard MIN fine of $100 was insufficient when a horse was forced to be retired from an event due to gear coming adrift.
Following the running of Race 4, the Greg Topp Electrical Mobile Pace, an information was filed against Public Trainer Mr N B Edge, alleging a breach of Rule 869(2)(d) 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 N Edge as the trainer of Midnight Poacher failed to affix the back carrier so as not to 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 Edge had indicated on the Information that the charge was admitted and had informed the Stewards that he did not wish to be present at the hearing.
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren gave evidence and used video coverage to show that during the running the hopple back carrier on “Midnight Poacher”, driven by Mr J Dunn, had come adrift and as a result the horse had to be retired from the event. An inspection on return to the assembly area after the race revealed that the back carrier on “Midnight Poacher” had come undone during the race. Mr Ydgren submitted that the back strap buckle had not been taped which led to the hopple back carrier coming adrift.
reasonsfordecision:
As Mr Edge had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Decision:
The charge was found proved.
sumissionsforpenalty:
Mr Ydgren submitted that Mr Edge had no previous breaches under the Rule and credit should be given for his admission of the breach. Mr Ydgren submitted that a fine of $180 was recommended. He stated that two previous breaches at Blenheim with similar circumstances, where the horses were retired from their respective races, due to gear coming adrift, had both resulted in $180 fines.
reasonsforpenalty:
In determining penalty the Committee took into consideration Mr Edge’s clear penalty record and his admission of the breach. We also took into consideration the consequential effect on “Midnight Poacher”, which had to be retired from the event. To be consistent we believed that an appropriate penalty in this case was a fine of $180.
penalty:
Mr Edge was fined the sum of $180.
hearing_type: Hearing
Rules: 864(2)(d)
Informant: Mr N M Ydgren - Stipendiary Steward
JockeysandTrainer: Mr N B Edge - Public Trainer
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: bd383e8f7dd36e7dc8644cd0cff088aa
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 796a15fa6f22e190790b845083e3bfc6
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 10/03/2013
meet_title: Reefton TC - 10 March 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: reefton-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: Reefton TC