Franklin TC - 28 May 2010 - R 7
864(2)(d)
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Mr JM Muirhead
Defendant: Mr C Forrester
Information No: 68625
Meeting: Franklin Trotting Club
Date: 28 May 2010
Venue: Alexandra Park Raceway, Auckland
Race: 7
Rule No: 864(2)(d)
Judicial Committee: BJ Scott, Chairman - GR Jones, Committee Member
Plea: Admitted
CHARGES:
An Information was lodged by Stipendiary Steward Mr JM Muirhead alleging that Mr C Forrester assistant to Trainer to Mr PJ Scaife and the person in charge of Late Flyin failed to affix the Hopple so as not to come adrift and as a result Late Flyin broke and was pulled up.
FACTS:
Mr Forrester admitted the breach and advised this Committee that he did not wish to be present at the hearing.
Mr Muirhead showed the Committee a film of the incident and showed where Late Flyin broke for no apparent reason with approximately 850 metres left to run. Mr Muirhead said that the left front (near side) Hopple carrier came adrift and as a result the Hopple fell and Late Flyin broke. Mr Muirhead advised this Committee that the gear was inspected and found to be in good order. The film showed that Late Flyin was at the time racing in the one out line and had two horses behind him.
The charge having been admitted is accordingly proven.
PENALTY SUBMISSIONS:
Mr Muirhead said that the starting point fine in the JCA Guidelines was $250.00 and although Mr Forrester had a good record this was a safety issue and he submitted that a fine of $250.00 was appropriate.
PENALTY REASONS:
The Committee is aware that the starting point fine in the JCA Guidelines for this offence is $250.00. The Committee also noted in its penalty schedule that there were previous fines of $250.00 for failure to correctly affix Hopple straps. The Committee notes that Late Flyin had horses behind it when this incident happened and the Committee takes a view that this is a safety issue and that accordingly a fine of $250.00 is appropriate.
PENALTY:
The Committee therefore imposes a fine of $250.00 on Mr Forrester.
BJ Scott GR Jones
CHAIR Committee Member
68625
