Northland TC - 20 July 2010 - R 3
865(4)
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Mr B Van Kan Stipendiary Steward
Defendant: Mr B Newberry
Information: 68646
Meeting: Northland Harness Racing Club
Date: 20 July 2010
Venue: Alexandra Park Raceway
Race: 3
Rule No: 865 (4)
Judicial Committee: B Rowe, Chairman – J Holloway, Committee Member
Plea: Admitted
CHARGE(s):
Being the trainer of SONYA BRYDON, presented the horse in the assembly area without the notified half blinds.
FACTS:
Mr Van Kan said the horse last raced on the 9th May 2009 and on that occasion wore half blinds. The horse was presented in to the assembly area today without half blinds. Mr Newberry said both he and his stable foreman had forgotten that the horse wore half blinds when it last raced.
SUBMISSION(s) ON PENALTY:
Mr Van Kan said the recommended penalty for a breach of this rule was $100. He said Mr Newberry had no breaches of the rules recorded against him. He said the rule was primarily for the benefit of punters. He submitted that a fine of $100 was appropriate. Mr Newberry said he had been in the industry for 35 years and never breached this rule before. He said that a fine of $100 was unfair taking into account the horse had not raced for over a year.
REASON(s):
In fixing penalty the committee takes into account the admission of the breach, the submissions of Mr Van Kan and Mr Newberry, the recommended starting point and Mr Newberry’s clear record over a period of many years. The committee accepts the rule is primarily for the benefit of punters but does not believe that punters would have been disadvantaged by the horse not wearing half blinds given that it last raced fourteen months ago.
PENALTY:
Balancing the above matters and with emphasis on the fact that punters would not have been disadvantaged, Mr Newberry is issued with a Judicial Warning. He is also reminded of his responsibilities in relation to this rule.
B Rowe J Holloway
Chairman Committee Member
68646
