Archive Decision

This decision has been migrated from the JCA website. Information is accurate but formatting may differ from contemporary decisions. Please contact us for any further enquiries.

Reefton TC – 17 April 2009 –

ID: JCA18689

Hearing Type:
Old Hearing

Rules:
865.2

Hearing Type (Code):
harness-racing

Decision:

Chief Stipendiary Steward Mr N. R. Escott has filed an Information against Licensed Trainer Mr K. T. Fairbairn alleging a breach of Rule 865(2) and the Approved Gear Regulations.  It was alleged that Mr Fairbairn failed to submit a notifiable gear form by the required time (Driver Notification time) for “Have Fun With Mee” (3) which started in Race 4, the P. J. Jeans Pace.

--


 



Chief Stipendiary Steward Mr N. R. Escott has filed an Information against Licensed Trainer Mr K. T. Fairbairn alleging a breach of Rule 865(2) and the Approved Gear Regulations.  It was alleged that Mr Fairbairn failed to submit a notifiable gear form by the required time (Driver Notification time) for “Have Fun With Mee” (3) which started in Race 4, the P. J. Jeans Pace.

--

Mr Fairbairn did not attend this hearing.  Mr Escott informed the Committee that the Information had been served on Mr Fairbairn, but that he had refused to fill in the “Statement By The Defendant” section as to whether he admitted or did not admit the breach, and also whether he wished to attend the hearing or not.  Mr Escott said he then left the Enquiry Room to get the Judicial Committee to come and hear the matter.  On his return with the Committee he found that Mr Fairbairn had left.  Mr Fairbairn had left his (white) copy of the Information behind.  He had signed it, but had made no indication as to whether or not he admitted the breach.

--

Having heard these circumstances from Mr Escott we determined that Mr Fairbairn had not admitted the breach, and that the hearing would continue on this basis.

--

Mr Escott gave evidence that “Have Fun With Mee” was a first starter, and that it wore a half blind and hood, which are both notifiable gear under the Notifiable Gear Regulations.  No “Notifiable Gear” form had been submitted by Mr Fairbairn.  We were satisfied that this charge had been proved.

--

Mr Escott recommended a fine of $50-00 in this case, and we were satisfied that this was an appropriate amount.  Accordingly Mr Fairbairn was fined the sum of $50-00.

--

 

--

J.  M. Phelan
Chairman
67926

Decision Date: 17/04/2009

Publish Date: 17/04/2009

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: 1ed25ebcb5372f368af750a31d0c6130


informantnumber:


horsename:


hearing_racingtype: harness-racing


startdate: 17/04/2009


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Reefton TC - 17 April 2009 -


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Chief Stipendiary Steward Mr N. R. Escott has filed an Information against Licensed Trainer Mr K. T. Fairbairn alleging a breach of Rule 865(2) and the Approved Gear Regulations.  It was alleged that Mr Fairbairn failed to submit a notifiable gear form by the required time (Driver Notification time) for “Have Fun With Mee” (3) which started in Race 4, the P. J. Jeans Pace.

--


 



Chief Stipendiary Steward Mr N. R. Escott has filed an Information against Licensed Trainer Mr K. T. Fairbairn alleging a breach of Rule 865(2) and the Approved Gear Regulations.  It was alleged that Mr Fairbairn failed to submit a notifiable gear form by the required time (Driver Notification time) for “Have Fun With Mee” (3) which started in Race 4, the P. J. Jeans Pace.

--

Mr Fairbairn did not attend this hearing.  Mr Escott informed the Committee that the Information had been served on Mr Fairbairn, but that he had refused to fill in the “Statement By The Defendant” section as to whether he admitted or did not admit the breach, and also whether he wished to attend the hearing or not.  Mr Escott said he then left the Enquiry Room to get the Judicial Committee to come and hear the matter.  On his return with the Committee he found that Mr Fairbairn had left.  Mr Fairbairn had left his (white) copy of the Information behind.  He had signed it, but had made no indication as to whether or not he admitted the breach.

--

Having heard these circumstances from Mr Escott we determined that Mr Fairbairn had not admitted the breach, and that the hearing would continue on this basis.

--

Mr Escott gave evidence that “Have Fun With Mee” was a first starter, and that it wore a half blind and hood, which are both notifiable gear under the Notifiable Gear Regulations.  No “Notifiable Gear” form had been submitted by Mr Fairbairn.  We were satisfied that this charge had been proved.

--

Mr Escott recommended a fine of $50-00 in this case, and we were satisfied that this was an appropriate amount.  Accordingly Mr Fairbairn was fined the sum of $50-00.

--

 

--

J.  M. Phelan
Chairman
67926


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Old Hearing


Rules: 865.2


Informant:


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid:


race_expapproval:


racecancelled:


race_noreport:


race_emailed1:


race_emailed2:


race_title:


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid:


meet_expapproval:


meet_noreport:


waitingforpublication:


meet_emailed1:


meet_emailed2:


meetdate: no date provided


meet_title:


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation:


meet_racingtype:


meet_chair:


meet_pm1:


meet_pm2:


name: