Thames HRC – 16 October 2010 – R 4

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startdate: 16/10/2010

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hearing_title: Thames HRC - 16 October 2010 - R 4

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Decision:

RACEDAY JUDICIAL COMMITTEE DECISION

Informant:  Mr JM Muirhead

Defendant:  Mr GA Rogerson

Information No:  68907

Meeting:  Thames Harness Racing Club

Date:  16 October 2010

Venue:  Alexandra Park Raceway, Auckland

Race:  4

Rule No:  864(2)(b)

Judicial Committee:  BJ Scott, Chairman - GR Jones Committee Member

Plea:  Not admitted

CHARGE:                 

Trainer G Rogerson was charged pursuant to Rule 864(2)(b) in that he applied gear which was not in good condition to his horse Lady Luck Smiles resulting in that horse galloping and being pulled up.  The front hopple carrier broke.

FACTS:                      

Mr M Noonan (Stable Foreman) represented Mr Rogerson and did not admit the charge.

Rule 864(2)(b) provides:

            “Every horseman, owner, trainer and assistant therefore of a horse shall with regard to      that horse ensure that any gear, appliance or device used or to be used in a race is of             good quality and in good order and condition”.

The Rule was read to Mr Noonan and he acknowledged that he understood it.

Mr Muirhead gave evidence by use of the video films.  He showed where Lady Luck Smiles was racing towards the back of the field down the back straight and that the front carrier broke and after that Lady Luck Smiles broke.  It was eventually pulled up.

Mr Muirhead produced the gear to the Committee and in particular showed the front carriers.  He showed where the near side front carrier had completely broken approximately 3 inches above the buckle.  He also showed the condition of the other front carrier and showed further up where parts of the carriers had been taped.

Mr Noonan was given the opportunity to question Mr Muirhead and he said that he agreed that the gear broke first and then the horse.

Mr Noonan for his part said that the gear was of good quality.  The Committee pointed out to him that the Rule says that the gear has not only to be of good quality but has to be in good order and condition.  Mr Noonan told this Committee that he thought that this gear was in good order and that the Stable makes sure that the gear is in good order.  He said that Lady Luck Smiles started from the unruly position and as a result of its racing tendencies it may have put extra pressure on the gear but that as far as he was concerned it was good quality gear.

In answer to a question from Mr Muirhead he acknowledged that the front carrier had broken through completely and that this had happened prior to the horse breaking.

SUMMARY:

Mr Muirhead by way of summary said that the situation was very clear.  He said that it was shown on the film that the gear broke first and then the horse and he also said that the gear presented to the Committee for inspection was not in good order and condition.

Mr Noonan for his part said that the gear was of good quality and suitable for the purpose.   

REASONS:

The Committee has viewed the film on several occasions and note that the gear broke first and then the horse.  This is an unusual situation because it is normally the other way round. 

Mr Muirhead had advised this Committee that the gear broke first and this was accepted by Mr Noonan. 

The Committee has also had the opportunity to inspect the gear and whilst it might have been of good quality when purchased it was not now in good order and condition.

The Committee has also suggested to Mr Noonan that if the horse is unruly then extra attention should have been paid to its gear. 

The Committee is of the opinion that the gear is not of good order and condition and accordingly the charge is proven.

PENALTY SUBMISSIONS:

Mr Muirhead submitted that a fine of $200.00 was appropriate. 

Mr Noonan for his part submitted that a fine of $200.00 was too high.  He pointed out that the Rogerson Stable races many horses and that it accordingly uses a lot of gear on its horses and particular attention is paid to the gear.  He asked the Committee to take this into account.

PENALTY:

The Committee has taken into the account the evidence and submissions presented to it.  The gear on any visual inspection is clearly in poor order and condition and the Committee has pointed out to Mr Noonan that breaking gear is a safety issue.  The Rogerson Stable however has a good record in regard to its gear and taking all matters into account the Committee imposes a fine of $175.00 on Mr Rogerson

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hearing_type: Old Hearing

Rules: 864(2)(b)

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race_title: R 4

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meetdate: 16/10/2010

meet_title: Thames HRC - 16 October 2010

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name: Thames HRC