Court Summary - at a glance
Date of offence:
3 January 2019
Plea:
Guilty
Decision:
Convicted
Final decision date:
Fine imposed:
Nil - on account of financial capacity
Safety lessons learned:
Blackadder Racing failed to:
- Develop, document and implement a process of safely assessing the capabilities of new employees to undertake trackwork, including by seeking references from appropriately qualified individuals and by observation by an appropriately qualified individual in a controlled environment.
- To communicate and monitor a safe system of work requiring the use of approved personal protective equipment for the riding of thoroughbred racehorses, including helmets and safety vests, to ensure that workers did not ride thoroughbred racehorses at the facility without using approved personal protective equipment appropriate to the type of work being undertaken.
Defendant name:
John Christopher Blackadder and Sandra Rayleen Blackadder
Industry:
Arts and recreation
Date of offence:
3 January 2019
Facts in brief:
The victim was an Equestrian student, assisting at the training facilities of the defendant. On 3 January 2019 the victim arrived at the premises and was met by the defendant, who gave a tour of the stables. He pointed out hazards around the premises, but the victim was not taken through the formal induction process. She was not wearing her riding gear as she had been told she would not be riding.
It was decided that the victim would undertake some trackwork, which involved supervised riding of a thoroughbred on an 800 metre track. The victim only had experience riding ponies, racing horses in much smaller enclosures, and riding a retired thoroughbred at a slow pace. She was not provided with appropriate safety equipment for riding thoroughbred horses, including a safety vest, and was allowed to proceed on this basis.
On the track she and the supervisor mounted their horses at a walk. Then the victim was instructed to bring her horse up to a trot. After completing a lap she was asked and agreed to speed up to a canter. The supervisor noticed the victim’s horse pulling ahead, and when asked if she was alright there was no reply. She was unable to stop when instructed. The horse eventually slowed down to an almost complete stop before being startled by the entry of the defendant onto the track. It bolted and failed to take the bend, jumping the fence into the neighbouring property.
The victim fell from the horse. As a result of her fall she suffered fractures and severe injury to to multiple vertebrae. These injuries have left her without both function and sensation in her lower trunk and lower limbs.
It was decided that the victim would undertake some trackwork, which involved supervised riding of a thoroughbred on an 800 metre track. The victim only had experience riding ponies, racing horses in much smaller enclosures, and riding a retired thoroughbred at a slow pace. She was not provided with appropriate safety equipment for riding thoroughbred horses, including a safety vest, and was allowed to proceed on this basis.
On the track she and the supervisor mounted their horses at a walk. Then the victim was instructed to bring her horse up to a trot. After completing a lap she was asked and agreed to speed up to a canter. The supervisor noticed the victim’s horse pulling ahead, and when asked if she was alright there was no reply. She was unable to stop when instructed. The horse eventually slowed down to an almost complete stop before being startled by the entry of the defendant onto the track. It bolted and failed to take the bend, jumping the fence into the neighbouring property.
The victim fell from the horse. As a result of her fall she suffered fractures and severe injury to to multiple vertebrae. These injuries have left her without both function and sensation in her lower trunk and lower limbs.
Offence section:
Sections 36(1)(a), 48(1) and (2)(c) of the Health and Safety at Work Act 2016
Date(s) charged:
19 December 2019
Court:
Christchurch - District Court
Plea:
Guilty
Final decision date:
Decision:
Convicted
Fine imposed:
Nil - on account of financial capacity
Maximum fine available:
$1,500,000
Reparation:
Emotional harm:
- $110,000 for Eleanor Stokes
- $40,000 for Alison and Lincoln Stokes
Consequential loss - $167,474
Costs - $14,496.66
- $110,000 for Eleanor Stokes
- $40,000 for Alison and Lincoln Stokes
Consequential loss - $167,474
Costs - $14,496.66
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