Non Raceday Inquiry – Written Decision dated 26 February 2024 – Nicholas Downs

Background Information

This charge arises from the Cambridge JC Jumpouts which were held on 23 February 2024 at Cambridge.  Senior Stipendiary Steward Mr B Jones filed an Information pursuant to Rule 610(2) alleging that Class D Rider Mr N Downs failed to wear an approved body protector when riding at the Cambridge jumpouts.

Rule 610(2) provides:

A Rider shall, when mounted on a horse, wear: (a) a properly fastened body protector of a type and standard approved by NZTR, which shall be in a satisfactory condition and shall have attached to it a manufacturer’s label that states that it complies with the relevant type and standard approved by NZTR. 

Mr Downs endorsed the Information (1) I do admit the breach of the Rule and (2) I do not wish to be present at the hearing of this Information.

The charge was heard prior to the commencement of the race meeting held at Matamata RC on Saturday 24 February 2024.

Evidence

Senior Stipendiary Steward Mr Jones stated that he was on duty at the Cambridge Jumpouts on 23 February 2024. He observed Mr Downs at the barrier mounted on a horse.  As a result of a conversation with Mr Downs, it was established that he was not wearing an approved body protector.

By way of explanation, Mr Downs told Mr Jones that he had been wearing his body protector when he rode in an earlier Heat and his mount broke down.  He took his protector off and omitted to put it back on.

Mr Downs borrowed another body protector and proceeded to ride his mount in the Heat.

Penalty Submissions

Mr Jones submitted that a Raceday breach of this nature would normally be dealt with via the Minor Infringement Notice (MIN) process and for a first breach, a fine of $500 would be imposed.  Mr Jones said that because the breach occurred on a Non-Raceday, the matter had to be dealt with by way of filing an Information.

Mr Jones submitted that there are no specific aggravating or mitigating factors to consider and, on that basis, suggested that a $500 fine would be an appropriate penalty.

Penalty

There are no compelling reasons to deviate from the penalty set out in the Minor Infringement Penalty Table at Schedule 4 of NZTR Rules of Racing i.e. a $500 fine for a first offence. All Riders, Raceday and Non-Raceday, when mounted on a horse, must wear approved body protectors and skull caps.  This is a minimum Health and Safety Standard that must be adhered to at all times.

Rule 926 deals with the Minor Infringement system.  The Rule refers to the need for the Chair of the Adjudicative Committee ‘at that Race Meeting’ to approve MINS.  It would be helpful if the Rule made it clear that any Adjudicator could sign off a MIN resulting from a Non-Raceday breach, i.e. at Trials or Jumpouts, as occurred on this occasion, rather than the need to conduct an ‘in-person’ hearing.  Particularly in circumstances where the breach is admitted, and the Respondent indicates they do not wish to be present at the hearing.

Conclusion

Class D Rider Mr Downs is fined $500.