Timaru HRC – 13 September 2009 – Race 3, Race 8
ID: JCA21196
Hearing Type (Code):
harness-racing
Meet Title:
Timaru HRC - 13 September 2009
Race Date:
2009/09/13
Race Number:
Race 3
Decision:
This matter was heard at Addington Raceway on 30 October 2009.
--Stipendiary Steward Mr N. G. McIntyre filed an Information against Licensed Trainer Mr W. E. Higgs alleging two breaches of the Notification of Drivers Regulation. It was alleged that by driver notification time Mr Higgs failed to notify that “Bruno” (4), which was to race in Race 3, the Norfolk Motors Pace, and “Totally Different” (10), which was to race in Race 8, the Morrison’s Saddlery Disc Handicap Pace, would be driven by Mr C. T. Woodward.
--
This matter was heard at Addington Raceway on 30 October 2009.
--Stipendiary Steward Mr N. G. McIntyre filed an Information against Licensed Trainer Mr W. E. Higgs alleging two breaches of the Notification of Drivers Regulation. It was alleged that by driver notification time Mr Higgs failed to notify that “Bruno” (4), which was to race in Race 3, the Norfolk Motors Pace, and “Totally Different” (10), which was to race in Race 8, the Morrison’s Saddlery Disc Handicap Pace, would be driven by Mr C. T. Woodward.
--Mr Higgs had indicated on the information that these breaches of the Rules were not admitted, and he confirmed that at the hearing. Mr Higgs also agreed that he understood the charges and the Regulation it was brought under.
--Stipendiary Steward Mr Ydgren conducted this prosecution in the absence of Mr McIntyre. He said that notification of drivers for this race meeting was Thursday 10 September 2009 at 1-00pm. No drivers had been notified for Mr Higgs’ horses by 1-20pm on that day.
--Mr Higgs did not dispute the facts of these matters. He said that he had defended the charges as there were exceptional circumstances in this case. He said that his two horses had been entered for both the NZMTC meeting on Thursday 10 September 2009, and the Timaru HRC meeting on Sunday 13 September 2009. The reason for this was that he was not sure his horses would gain starts at the NZMTC meeting as they had no form, and by nominating for both meetings he was more likely to gain starts. As it happened these two horses did gain starts at the NZMTC meeting on the Thursday.
--Mr Higgs said that he rang the Timaru HRC at 9-30am on the Friday morning to scratch his three horses. The third horse was “Red Hot Hat” which was scratched. He said that he spoke to a person he now knows to be the President of the club. She asked if he would reconsider scratching the horses, as entries were very light. Mr Higgs said he then spoke to his staff, Mr C. T. Woodward, and asked him if he would be prepared to go Timaru on the Sunday and drive the two horses. Mr Woodward agreed that he would.
--Mr Higgs then rang the President back and said that these two horses would start, and he advised that they would be driven by Mr Woodward.
--In summary Mr Higgs said he believed that in the circumstances it would be unfair for him to be fined, as he had gone out of his way to help the Club.
--It was established at the hearing that had Mr Higgs scratched his horses at
9-30am on the Friday, he would not have been charged with these breaches.
We adjourned to consider our decision. On resuming the hearing we were advised that Mr Higgs would not be attending. We then gave the following oral decision.
--“The Stipendiary Stewards gave evidence that drivers for the two horses had not been notified by 1-00pm on 10 September 2009. There is no dispute on this point.
--Mr Higgs gave evidence that he had three horses nominated for Addington on 10 September 2009, and the same horses for Timaru on 13 September 2009. He was not sure if he would get starts at Addington and so Timaru was an alternative. As it happened his three horses did obtain starts at Addington.
--On 11 September 2009 at about 9-30am Mr Higgs rang the Timaru HRC and spoke to the President with a view to scratching his three horses. He was asked to reconsider as the entries for the meeting were very light. To assist the club, Mr Higgs said, he decided not to scratch these two horses.
--It was also established that had Mr Higgs scratched his horses when he intended to, no charges would have resulted.
--These breaches of the Rules are strict liability, and for this reason we find the charges proved.
--In relation to penalty, however, we accept that Mr Higgs only started his horses to help the Club. For this reason we have decided to impose no penalty.”
--
J. M. Phelan R. G. McKenzie
CHAIR Committee Member
67786
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: 79af5e504349fbaa3c847be80cd13457
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 13/09/2009
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Timaru HRC - 13 September 2009 - Race 3, Race 8
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
This matter was heard at Addington Raceway on 30 October 2009.
--Stipendiary Steward Mr N. G. McIntyre filed an Information against Licensed Trainer Mr W. E. Higgs alleging two breaches of the Notification of Drivers Regulation. It was alleged that by driver notification time Mr Higgs failed to notify that “Bruno” (4), which was to race in Race 3, the Norfolk Motors Pace, and “Totally Different” (10), which was to race in Race 8, the Morrison’s Saddlery Disc Handicap Pace, would be driven by Mr C. T. Woodward.
--
This matter was heard at Addington Raceway on 30 October 2009.
--Stipendiary Steward Mr N. G. McIntyre filed an Information against Licensed Trainer Mr W. E. Higgs alleging two breaches of the Notification of Drivers Regulation. It was alleged that by driver notification time Mr Higgs failed to notify that “Bruno” (4), which was to race in Race 3, the Norfolk Motors Pace, and “Totally Different” (10), which was to race in Race 8, the Morrison’s Saddlery Disc Handicap Pace, would be driven by Mr C. T. Woodward.
--Mr Higgs had indicated on the information that these breaches of the Rules were not admitted, and he confirmed that at the hearing. Mr Higgs also agreed that he understood the charges and the Regulation it was brought under.
--Stipendiary Steward Mr Ydgren conducted this prosecution in the absence of Mr McIntyre. He said that notification of drivers for this race meeting was Thursday 10 September 2009 at 1-00pm. No drivers had been notified for Mr Higgs’ horses by 1-20pm on that day.
--Mr Higgs did not dispute the facts of these matters. He said that he had defended the charges as there were exceptional circumstances in this case. He said that his two horses had been entered for both the NZMTC meeting on Thursday 10 September 2009, and the Timaru HRC meeting on Sunday 13 September 2009. The reason for this was that he was not sure his horses would gain starts at the NZMTC meeting as they had no form, and by nominating for both meetings he was more likely to gain starts. As it happened these two horses did gain starts at the NZMTC meeting on the Thursday.
--Mr Higgs said that he rang the Timaru HRC at 9-30am on the Friday morning to scratch his three horses. The third horse was “Red Hot Hat” which was scratched. He said that he spoke to a person he now knows to be the President of the club. She asked if he would reconsider scratching the horses, as entries were very light. Mr Higgs said he then spoke to his staff, Mr C. T. Woodward, and asked him if he would be prepared to go Timaru on the Sunday and drive the two horses. Mr Woodward agreed that he would.
--Mr Higgs then rang the President back and said that these two horses would start, and he advised that they would be driven by Mr Woodward.
--In summary Mr Higgs said he believed that in the circumstances it would be unfair for him to be fined, as he had gone out of his way to help the Club.
--It was established at the hearing that had Mr Higgs scratched his horses at
9-30am on the Friday, he would not have been charged with these breaches.
We adjourned to consider our decision. On resuming the hearing we were advised that Mr Higgs would not be attending. We then gave the following oral decision.
--“The Stipendiary Stewards gave evidence that drivers for the two horses had not been notified by 1-00pm on 10 September 2009. There is no dispute on this point.
--Mr Higgs gave evidence that he had three horses nominated for Addington on 10 September 2009, and the same horses for Timaru on 13 September 2009. He was not sure if he would get starts at Addington and so Timaru was an alternative. As it happened his three horses did obtain starts at Addington.
--On 11 September 2009 at about 9-30am Mr Higgs rang the Timaru HRC and spoke to the President with a view to scratching his three horses. He was asked to reconsider as the entries for the meeting were very light. To assist the club, Mr Higgs said, he decided not to scratch these two horses.
--It was also established that had Mr Higgs scratched his horses when he intended to, no charges would have resulted.
--These breaches of the Rules are strict liability, and for this reason we find the charges proved.
--In relation to penalty, however, we accept that Mr Higgs only started his horses to help the Club. For this reason we have decided to impose no penalty.”
--
J. M. Phelan R. G. McKenzie
CHAIR Committee Member
67786
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules:
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 834f1d179b823645c7dfb20f93910498
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 6a7761fd026a2e08ef5047b7d27c8577
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 13/09/2009
meet_title: Timaru HRC - 13 September 2009
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: timaru-hrc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Timaru HRC