Ashburton TC 5 April 2011 – R 6
ID: JCA10462
Meet Title:
Ashburton TC - 5 April 2011
Meet Chair:
SChing
Meet Committee Member 1:
JPhelan
Race Date:
2011/04/05
Race Number:
R6
Decision:
The charge was found to be proved.
Penalty:
On resuming the hearing we advised the parties of our reasons and that Mr Carmichael was fined the sum of $200.
Charge:
As the trainer of “Flaming Freida” failed to ensure that all gear was correctly applied and/or affixed so as not to malfunction or come adrift.
Facts:
Following the running of Race 6, the www.harnessjewels.co.nz pace, an information was filed by Stipendiary Steward Mr N M Ydgren against Trainer Mr J A Carmichael alleging a breach of Rule 864(2)(d) in that he failed to ensure the gear on “Flaming Freida” was correctly applied and /or affixed so as not to malfunction or come adrift.
The charge reads as follows:
“I the abovenamed informant allege that the abovenamed Defendant committed a breach of Rule 864(2)(d) in that during the running of Race 6 the rein was observed to come adrift from the bridle of “Flaming Freida”
Rule 864(2)(d) reads as follows:
(2) Every horseman, owner, trainer and assistant thereof of a horse shall with regard to that horse ensure that:
(d) all gear is correctly applied and/or affixed so as not to malfunction or come adrift;
Mr Carmichael had indicated on the Information that this breach of the Rules was admitted and he confirmed this at the hearing. Mr Carmichael also agreed that he understood the charge and the Rule it was brought under.
Submissions for Decision:
Mr Ydgren gave evidence and used video coverage to show that “Flaming Freida” was unable to be driven out over the final 500m of the race due to the inside rein on “Flaming Freida” coming adrift. This greatly restricted horseman Mr I Cameron’s ability to steer the mare and drive the horse out. The film also showed “Flaming Freida” drift down into the passing lane but this movement did not obstruct any other runners.
Reasons for Decision:
As Mr Carmichael had admitted this breach of the Rules it was found to be proven in accordance with Rule1111(1)(d).
Submissions for Penalty:
In relation to penalty Mr Ydgren advised that Mr Carmichael had been open and frank with the Stewards in this matter, had no relevant previous convictions, and had admitted the breach. It was submitted that the starting point recommended by the penalty guide was a fine of $250. Mr Ydgren submitted that a fine of $250 should be imposed in this case.
Mr Carmichael submitted that a fine of $250 was excessive in the circumstances.
We adjourned to consider the matter of penalty.
Reasons for Penalty:
In relation to penalty we took into account that this breach was admitted, and that there were no previous relevant convictions on record. We also took into account Mr Carmichael's open and frank manner when dealing with the Stewards on this matter. We looked at penalties imposed for similar breaches of this Rule in the past and found that there were variations of fines imposed from $100 to $250. Taking all aggravating and mitigating circumstances into consideration we decided that Mr Carmichael would be fined the sum of $200.
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: 0337206b3320a5f4ca1899ac302f610a
informantnumber: 69438
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 24/02/2011
hearing_title: Ashburton TC 5 April 2011 - R 6
charge:
As the trainer of “Flaming Freida” failed to ensure that all gear was correctly applied and/or affixed so as not to malfunction or come adrift.
facts:
Following the running of Race 6, the www.harnessjewels.co.nz pace, an information was filed by Stipendiary Steward Mr N M Ydgren against Trainer Mr J A Carmichael alleging a breach of Rule 864(2)(d) in that he failed to ensure the gear on “Flaming Freida” was correctly applied and /or affixed so as not to malfunction or come adrift.
The charge reads as follows:
“I the abovenamed informant allege that the abovenamed Defendant committed a breach of Rule 864(2)(d) in that during the running of Race 6 the rein was observed to come adrift from the bridle of “Flaming Freida”
Rule 864(2)(d) reads as follows:
(2) Every horseman, owner, trainer and assistant thereof of a horse shall with regard to that horse ensure that:
(d) all gear is correctly applied and/or affixed so as not to malfunction or come adrift;
Mr Carmichael had indicated on the Information that this breach of the Rules was admitted and he confirmed this at the hearing. Mr Carmichael also agreed that he understood the charge and the Rule it was brought under.
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren gave evidence and used video coverage to show that “Flaming Freida” was unable to be driven out over the final 500m of the race due to the inside rein on “Flaming Freida” coming adrift. This greatly restricted horseman Mr I Cameron’s ability to steer the mare and drive the horse out. The film also showed “Flaming Freida” drift down into the passing lane but this movement did not obstruct any other runners.
reasonsfordecision:
As Mr Carmichael had admitted this breach of the Rules it was found to be proven in accordance with Rule1111(1)(d).
Decision:
The charge was found to be proved.
sumissionsforpenalty:
In relation to penalty Mr Ydgren advised that Mr Carmichael had been open and frank with the Stewards in this matter, had no relevant previous convictions, and had admitted the breach. It was submitted that the starting point recommended by the penalty guide was a fine of $250. Mr Ydgren submitted that a fine of $250 should be imposed in this case.
Mr Carmichael submitted that a fine of $250 was excessive in the circumstances.
We adjourned to consider the matter of penalty.
reasonsforpenalty:
In relation to penalty we took into account that this breach was admitted, and that there were no previous relevant convictions on record. We also took into account Mr Carmichael's open and frank manner when dealing with the Stewards on this matter. We looked at penalties imposed for similar breaches of this Rule in the past and found that there were variations of fines imposed from $100 to $250. Taking all aggravating and mitigating circumstances into consideration we decided that Mr Carmichael would be fined the sum of $200.
penalty:
On resuming the hearing we advised the parties of our reasons and that Mr Carmichael was fined the sum of $200.
hearing_type: Hearing
Rules: 864(2)(d)
Informant: N M Ydgren-Stipendiary Steward
JockeysandTrainer: J A Carmichael-Trainer
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: f372b34b0a6b44b6dc4cc300fba5e948
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 29def9a80f0e34aee841e560b5e45385
meet_expapproval: approved
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 05/04/2011
meet_title: Ashburton TC - 5 April 2011
meet_expappcomment:
meet_km: [{"Comment": [], "MemberRole": "Panel member 1 ", "MemberID": "JPhelan", "Member": "", "OtherExpenses": "0", "KMs": "190", "Total": "117.8", "kmprice": 117.8, "Approved": "on"}]
meet_otherexp:
tracklocation: ashburton-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: JPhelan
meet_pm2: none
name: Ashburton TC