Thames HRC – 26 June 2009 – Race 5
ID: JCA18378
Hearing Type (Code):
harness-racing
Meet Title:
Thames HRC - 26 June 2009
Race Date:
2009/06/26
Race Number:
Race 5
Decision:
This was an information filed by Stipendiary Steward Mr B. Van Kan against Mr T. Barron trainer of DISTRACTION alleging a breach of the above rule in that he failed to notify a change of gear on the horse.
This was an information filed by Stipendiary Steward Mr B. Van Kan against Mr T. Barron trainer of DISTRACTION alleging a breach of the above rule in that he failed to notify a change of gear on the horse.
--Mr Barron admitted the breach and did not wish to be present at the hearing.
--The Committee adjourned the hearing to 12th June 2009 and requested the informant to obtain advice as to whether or not the rule applied to horses having their first race start.
--On 12th June Stipendiary Steward Mr J. Muirhead advised the Committee that he had not been able to obtain a legal opinion. The matter was then adjourned to tonight. Mr Barron is present at the hearing. Mr Muirhead has now supplied the Committee with a legal opinion. Included in the opinion are the following:
--‘The Rule and Regulation both seem to expressly limit their application to a horse having a second or subsequent start’ and ‘It is well settled that where pure grammatical construction does not give effect to the purpose of the Rule, the court or tribunal should search for a construction that gives effect to that purpose’, and ‘We believe both the Rule and the Regulation need to be amended in order to expressly extend both to first starters’.
--The committee does not believe that the Rule can be properly construed to apply to first starters. It is the Committee’s opinion that there has been no breach of the rules and the information is dismissed. Rule 1111 (1) (d) does not have any application because Mr Barron admitted what he thought was a breach of the Rules – there was in fact no breach.
--The Committee agrees with the legal opinion in that both the Rule and the Approved Gear Regulation need to be amended.
----
B. Rowe
Chair
67675
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: 05b3200a50dc46c3ebf7cc533534dcb2
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 26/06/2009
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Thames HRC - 26 June 2009 - Race 5
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
This was an information filed by Stipendiary Steward Mr B. Van Kan against Mr T. Barron trainer of DISTRACTION alleging a breach of the above rule in that he failed to notify a change of gear on the horse.
This was an information filed by Stipendiary Steward Mr B. Van Kan against Mr T. Barron trainer of DISTRACTION alleging a breach of the above rule in that he failed to notify a change of gear on the horse.
--Mr Barron admitted the breach and did not wish to be present at the hearing.
--The Committee adjourned the hearing to 12th June 2009 and requested the informant to obtain advice as to whether or not the rule applied to horses having their first race start.
--On 12th June Stipendiary Steward Mr J. Muirhead advised the Committee that he had not been able to obtain a legal opinion. The matter was then adjourned to tonight. Mr Barron is present at the hearing. Mr Muirhead has now supplied the Committee with a legal opinion. Included in the opinion are the following:
--‘The Rule and Regulation both seem to expressly limit their application to a horse having a second or subsequent start’ and ‘It is well settled that where pure grammatical construction does not give effect to the purpose of the Rule, the court or tribunal should search for a construction that gives effect to that purpose’, and ‘We believe both the Rule and the Regulation need to be amended in order to expressly extend both to first starters’.
--The committee does not believe that the Rule can be properly construed to apply to first starters. It is the Committee’s opinion that there has been no breach of the rules and the information is dismissed. Rule 1111 (1) (d) does not have any application because Mr Barron admitted what he thought was a breach of the Rules – there was in fact no breach.
--The Committee agrees with the legal opinion in that both the Rule and the Approved Gear Regulation need to be amended.
----
B. Rowe
Chair
67675
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 1111.1.d
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 6422298c2ed91aa296ce673583074684
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: c8a9905ee0365ee7f300899543d0fbc0
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 26/06/2009
meet_title: Thames HRC - 26 June 2009
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: thames-hrc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Thames HRC