NZ Metro TC 2 February 2018 – R 2 – Chair, Mr D Jackson
ID: JCA10578
Meet Title:
NZ Metro TC - 2 February 2018
Meet Chair:
DJackson
Meet Committee Member 1:
HWeston
Race Date:
2018/02/02
Race Number:
R 2
Decision:
As the breach was admitted we find the charge proved.
Penalty:
Accordingly, we impose a $200 fine on Mr McMullan.
Facts:
Following race 2, an information was filed pursuant to Rule 856(2). The informant, Mr S Wallis, alleged that Mr M McMullan was present at the start without the permission of the Stewards and failed to leave the start when directed to do so.
The rule reads:
856 (1) The Starter, Starter’s Assistants, the horsemen in the race, the race-day veterinarian, and the race-day farrier are permitted to be at the start of any race. (2) Any other person may only be present at the start with the express permission of the Stipendiary Steward.
Mr McMullan admitted the charge, countersigned the information and further indicated on the information that he did not wish to be present at the hearing.
Mr Wallis witnessed the incident and showed the Committee video evidence of the start. Mr McMullan, who, the Committee was informed, is associated with Licensed Trainer, Mr Paul Court’s stables can be seen entering the track and attending to Mr Court’s runner in the race, STUNIN LOVE near the mobile barrier.
The video shows Mr Lamb, the starter, and his assistants shouting and gesticulating to Mr McMullan to leave the start area. Mr McMullan clearly continues to attend to the gear on STUNIN LOVE.
Mr Wallis gave evidence that he saw the incident from atop the start area and also shouted to Mr McMullan to explain what he was doing and otherwise to leave. His evidence was that Mr McMullan ignored him.
Mr Wallis gave evidence that he spoke with Mr McMullan after the race who explained to him that Mr Court had noticed from his position in the stands that an item of gear, a spreader, had been applied to the wrong leg on STUNIN LOVE. Mr Court contacted Mr McMullan by phone and directed him to remove the spreader and fix it correctly. Mr McMullan did as he was instructed.
Submissions for Penalty:
Mr Wallis referred to the old JCA guidelines for such a breach and noted that as at 1 June 2011, a breach of this rule attracted a fine of $100.
Mr Wallis submitted that he believed $200 was appropriate noting the revision of the guidelines in recent years, the increase in fines “across the board” and the significance of this rule to the safe and effective management of the start area by the starter and his staff. Mr McMullan’s actions were flagrant and his refusal to leave the start when directed to do so were an aggravating feature. All Mr McMullan needed to have done was to inform the starter’s assistant that the spreader was on the wrong leg and it would have been corrected by the assistant.
Reasons for Penalty:
The committee carefully considered all the evidence and submissions presented. The mitigating factor was Mr McMullan's admission of the breach. The aggravating factor is Mr McMullan’s refusal to leave the start area when directed to do so. That refusal to leave does not form part of the offence itself because he did not have the starter’s express permission to be at the start at all. His refusal to leave was an additional and aggravating factor in the Committee’s opinion. Stipendiary Stewards are not to be ignored when issuing directions to anyone who falls within the purview of the Rules.
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: 0b5adc17bc43a0c4ef245ada65b615a9
informantnumber: A10216
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Present at the start without the permission of the Stewards
plea: admitted
penaltyrequired: 1
decisiondate: 05/02/2018
hearing_title: NZ Metro TC 2 February 2018 - R 2 - Chair, Mr D Jackson
charge:
facts:
Following race 2, an information was filed pursuant to Rule 856(2). The informant, Mr S Wallis, alleged that Mr M McMullan was present at the start without the permission of the Stewards and failed to leave the start when directed to do so.
The rule reads:
856 (1) The Starter, Starter’s Assistants, the horsemen in the race, the race-day veterinarian, and the race-day farrier are permitted to be at the start of any race. (2) Any other person may only be present at the start with the express permission of the Stipendiary Steward.
Mr McMullan admitted the charge, countersigned the information and further indicated on the information that he did not wish to be present at the hearing.
Mr Wallis witnessed the incident and showed the Committee video evidence of the start. Mr McMullan, who, the Committee was informed, is associated with Licensed Trainer, Mr Paul Court’s stables can be seen entering the track and attending to Mr Court’s runner in the race, STUNIN LOVE near the mobile barrier.
The video shows Mr Lamb, the starter, and his assistants shouting and gesticulating to Mr McMullan to leave the start area. Mr McMullan clearly continues to attend to the gear on STUNIN LOVE.
Mr Wallis gave evidence that he saw the incident from atop the start area and also shouted to Mr McMullan to explain what he was doing and otherwise to leave. His evidence was that Mr McMullan ignored him.
Mr Wallis gave evidence that he spoke with Mr McMullan after the race who explained to him that Mr Court had noticed from his position in the stands that an item of gear, a spreader, had been applied to the wrong leg on STUNIN LOVE. Mr Court contacted Mr McMullan by phone and directed him to remove the spreader and fix it correctly. Mr McMullan did as he was instructed.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the breach was admitted we find the charge proved.
sumissionsforpenalty:
Mr Wallis referred to the old JCA guidelines for such a breach and noted that as at 1 June 2011, a breach of this rule attracted a fine of $100.
Mr Wallis submitted that he believed $200 was appropriate noting the revision of the guidelines in recent years, the increase in fines “across the board” and the significance of this rule to the safe and effective management of the start area by the starter and his staff. Mr McMullan’s actions were flagrant and his refusal to leave the start when directed to do so were an aggravating feature. All Mr McMullan needed to have done was to inform the starter’s assistant that the spreader was on the wrong leg and it would have been corrected by the assistant.
reasonsforpenalty:
The committee carefully considered all the evidence and submissions presented. The mitigating factor was Mr McMullan's admission of the breach. The aggravating factor is Mr McMullan’s refusal to leave the start area when directed to do so. That refusal to leave does not form part of the offence itself because he did not have the starter’s express permission to be at the start at all. His refusal to leave was an additional and aggravating factor in the Committee’s opinion. Stipendiary Stewards are not to be ignored when issuing directions to anyone who falls within the purview of the Rules.
penalty:
Accordingly, we impose a $200 fine on Mr McMullan.
hearing_type: Hearing
Rules: 856(2)
Informant: Mr S Wallis - Stipendiary Steward
JockeysandTrainer: Mr S McMullan
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 04ffa95afa49e5b60b4fb93b7db0bd75
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 690073524f5a6befbc101f9b481b7b31
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 02/02/2018
meet_title: NZ Metro TC - 2 February 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: DJackson
meet_pm1: HWeston
meet_pm2: none
name: NZ Metro TC