Thames HRC 8 January 2012 – R 4
ID: JCA12076
Meet Title:
Thames HRC - 8 January 2012
Meet Chair:
GJones
Meet Committee Member 1:
ADooley
Race Date:
2012/01/08
Race Number:
R 4
Decision:
The charge is admitted and is therefore proved.
Penalty:
A fine of $300 is imposed by the Committee.
Charge:
The information alleges that “Trainers Rogerson / Blanchard presented CHANGE GEAR with removable deafeners which were not notified”.
Rule 865 Provides that:
(1) The trainer or person in control of a horse shall give notice, in the manner prescribed in the Approved Gear Regulations, of the notifiable gear to be worn by a horse in a totalisator race no later than the official deadline for the notification of drivers at the race meeting in which a horse is entered.
(2) Every horse entered in a totalisator race shall be presented in the assembly area prior to the race in the same notifiable gear as that notified under sub-rule (1).
Removable deafeners are included in the schedule of Notifiable Gear (as published on the HNZ website) effective 17 October 2011.
Facts:
Mr J Muirhead appeared on behalf of the Informant. He told the Judicial Control Authority Committee (“the Committee”) that Mr Blanchard presented CHANGE GEAR in the assembly area for race four without notified gear, namely ‘removable deafeners’.
By way of explanation, Mr Blanchard told the Committee that he believed that CHANGE GEAR had previously raced in removable deafeners, but acknowledged that they had not been notified. He said that the training partnership was a large operation, and that there had clearly been a breakdown in the system which he intended to rectify at the earliest opportunity.
Submissions for Penalty:
On behalf of the informant, Mr Muirhead submitted that a breach of this particular Rule would ordinarily be dealt with by way of the Minor Infringement System (MIS), but due to the fact that the Rogerson and Blanchard partnership had breached Rule 865(2) on five previous occasions, the matter was required to be referred to the Committee. The first breach was on 4 October 2011 and the most recent 6 January 2012. Mr Muirhead submitted that this breach ought to be dealt with by way of a fine greater than $250.
Mr Blanchard made no specific submissions as to penalty, but he did ask the Committee to be lenient.
Reasons for Penalty:
The Committee gave careful consideration to the submissions of Mr Muirhead. We have also noted Mr Blanchard’s acknowledgement of the breach, and his submission that he will ensure that operating systems are put in place to ensure that there are no future breaches. We consider these to be mitigating factors.
This is the sixth breach of this Rule by the Rogerson and Blanchard partnership over a relatively short timeframe. The previous breach, having occurred only two days prior to this breach. This is an aggravating factor.
Under the MIS, a breach of this Rule would normally attract a fine of $100. However, due to the repeated breaches, this matter must be treated with a more substantial fine.
JCA Decision Fields (raw)
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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: 2e510c800b9a32de682b374f2af7d212
informantnumber: 68677
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 01/01/2012
hearing_title: Thames HRC 8 January 2012 - R 4
charge:
The information alleges that “Trainers Rogerson / Blanchard presented CHANGE GEAR with removable deafeners which were not notified”.
Rule 865 Provides that:
(1) The trainer or person in control of a horse shall give notice, in the manner prescribed in the Approved Gear Regulations, of the notifiable gear to be worn by a horse in a totalisator race no later than the official deadline for the notification of drivers at the race meeting in which a horse is entered.
(2) Every horse entered in a totalisator race shall be presented in the assembly area prior to the race in the same notifiable gear as that notified under sub-rule (1).
Removable deafeners are included in the schedule of Notifiable Gear (as published on the HNZ website) effective 17 October 2011.
facts:
Mr J Muirhead appeared on behalf of the Informant. He told the Judicial Control Authority Committee (“the Committee”) that Mr Blanchard presented CHANGE GEAR in the assembly area for race four without notified gear, namely ‘removable deafeners’.
By way of explanation, Mr Blanchard told the Committee that he believed that CHANGE GEAR had previously raced in removable deafeners, but acknowledged that they had not been notified. He said that the training partnership was a large operation, and that there had clearly been a breakdown in the system which he intended to rectify at the earliest opportunity.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The charge is admitted and is therefore proved.
sumissionsforpenalty:
On behalf of the informant, Mr Muirhead submitted that a breach of this particular Rule would ordinarily be dealt with by way of the Minor Infringement System (MIS), but due to the fact that the Rogerson and Blanchard partnership had breached Rule 865(2) on five previous occasions, the matter was required to be referred to the Committee. The first breach was on 4 October 2011 and the most recent 6 January 2012. Mr Muirhead submitted that this breach ought to be dealt with by way of a fine greater than $250.
Mr Blanchard made no specific submissions as to penalty, but he did ask the Committee to be lenient.
reasonsforpenalty:
The Committee gave careful consideration to the submissions of Mr Muirhead. We have also noted Mr Blanchard’s acknowledgement of the breach, and his submission that he will ensure that operating systems are put in place to ensure that there are no future breaches. We consider these to be mitigating factors.
This is the sixth breach of this Rule by the Rogerson and Blanchard partnership over a relatively short timeframe. The previous breach, having occurred only two days prior to this breach. This is an aggravating factor.
Under the MIS, a breach of this Rule would normally attract a fine of $100. However, due to the repeated breaches, this matter must be treated with a more substantial fine.
penalty:
A fine of $300 is imposed by the Committee.
hearing_type: Hearing
Rules: 865(2)
Informant: Mr J Muirhead - Stipendiary Steward
JockeysandTrainer: Mr P Blanchard - Licensed Trainer, Mr G Rogerson - Licensed Trainer
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 8a0bbcad760b6a57faccdb7d4abf12ca
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: e249965e4c14455930c61d47e9d1a7ec
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 08/01/2012
meet_title: Thames HRC - 8 January 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: thames-hrc
meet_racingtype: harness-racing
meet_chair: GJones
meet_pm1: ADooley
meet_pm2: none
name: Thames HRC