Archive Decision

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Cambridge-Te Awamutu HRC 2 June 2012 – R 8

ID: JCA10953

Applicant:
Mr N G McIntyre - Stipendiary Steward

Respondent(s):
Mr B M Thomas - Junior Horseman

Other Person:
Mr G D Smith - Senior Horseman - supporting Mr Thomas

Information Number:
A2405

Hearing Type:
Hearing

Rules:
Rule 869(7A)(b)

Plea:
admitted

Meet Title:
Cambridge HRC - 2 June 2012

Meet Chair:
BScott

Meet Committee Member 1:
RMcKenzie

Race Date:
2012/06/02

Race Number:
R8

Decision:

As the breach was admitted, we found the charge proved.

Penalty:

The Committee imposes a fine of $200.00 on Mr Thomas.

Charge:

Breach of Rule 869(7A)(b) sulky protruding inside the marker line.

Facts:

An Information was lodged by Stipendiary Steward Mr NG McIntyre against Junior Horseman Mr BM Thomas alleging that Mr Thomas improved his horse EXCUSE MAKER where there was insufficient room inside ZENOLA SEELSTER resulting in his horse's sulky protruding inside the marker line in the home straight.

Mr Thomas was present and he advised this Committee that he admitted the breach. Mr Thomas was supported by Senior Horseman Mr G D Smith.

Rule 869(7A)(b) provides: every horseman who moves inwards shall ensure that any part of his sulky does not protrude inside the marker line.

Mr McIntyre demonstrated the incident by use of the video films.  These showed Mr Thomas 3 back in the running line behind ZENOLA SEELSTER ( which was trailing the leader)  as the field entered the home straight. ZENOLA SEELSTER did not immediately move into the Passing Lane and Mr Thomas (EXCUSE MAKER) moved towards it. ZENOLA SEELSTER then began a move into the Passing Lane although this was not a quick movement. There was insufficient room for Mr Thomas and as a result his sulky protruded inside the marker line for some distance.

Mr Thomas (assisted by Mr Smith) said he thought there was sufficient room and realised too late that the gap was not wide enough. He also said that in the excitement of the moment he misjudged the width of the area he was trying to move in to.

Submissions for Penalty:

Mr McIntyre submitted that the JCA Guidelines provide for a penalty of 4 drives or a $200.00 fine. He did however point out that this was a Group 1 Race and this should be taken into account. He advised the Committee that Mr Thomas had a good driving record.

Mr Smith on behalf of Mr Thomas said he had spoken with him and had pointed out his error and he said that Mr Thomas would learn from the experience. He said that in the excitement of the race Mr Thomas had made an error of judgement. He also pointed to the fact that Mr Thomas is a Junior Horseman and as such does not earn a great deal of money. He has also admitted the charge.

Reasons for Penalty:

The video films clearly show the incident and there was never enough room for Mr Thomas to improve in the Passing Lane and moving inside the marker line was a natural result of his manoeuvre.

Mr Thomas has however not only admitted the breach but he (in conjunction with Mr Smith) has been open and straightforward in his evidence to this Committee.

This is a Group 1 Race and accordingly we see the starting point penalty as being higher than that set out in the Guidelines.

Mr Thomas is however given credit for his admission of the charge, his good record and the fact that he is a Junior Driver.

We believe that a fine of $200.00 is appropriate.

We would also like to thank Mr Smith in the very able manner in which he assisted Mr Thomas.

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: 108e5d0230801f271a7c34d9ea277066


informantnumber: A2405


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 24/05/2012


hearing_title: Cambridge-Te Awamutu HRC 2 June 2012 - R 8


charge:

Breach of Rule 869(7A)(b) sulky protruding inside the marker line.


facts:

An Information was lodged by Stipendiary Steward Mr NG McIntyre against Junior Horseman Mr BM Thomas alleging that Mr Thomas improved his horse EXCUSE MAKER where there was insufficient room inside ZENOLA SEELSTER resulting in his horse's sulky protruding inside the marker line in the home straight.

Mr Thomas was present and he advised this Committee that he admitted the breach. Mr Thomas was supported by Senior Horseman Mr G D Smith.

Rule 869(7A)(b) provides: every horseman who moves inwards shall ensure that any part of his sulky does not protrude inside the marker line.

Mr McIntyre demonstrated the incident by use of the video films.  These showed Mr Thomas 3 back in the running line behind ZENOLA SEELSTER ( which was trailing the leader)  as the field entered the home straight. ZENOLA SEELSTER did not immediately move into the Passing Lane and Mr Thomas (EXCUSE MAKER) moved towards it. ZENOLA SEELSTER then began a move into the Passing Lane although this was not a quick movement. There was insufficient room for Mr Thomas and as a result his sulky protruded inside the marker line for some distance.

Mr Thomas (assisted by Mr Smith) said he thought there was sufficient room and realised too late that the gap was not wide enough. He also said that in the excitement of the moment he misjudged the width of the area he was trying to move in to.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As the breach was admitted, we found the charge proved.


sumissionsforpenalty:

Mr McIntyre submitted that the JCA Guidelines provide for a penalty of 4 drives or a $200.00 fine. He did however point out that this was a Group 1 Race and this should be taken into account. He advised the Committee that Mr Thomas had a good driving record.

Mr Smith on behalf of Mr Thomas said he had spoken with him and had pointed out his error and he said that Mr Thomas would learn from the experience. He said that in the excitement of the race Mr Thomas had made an error of judgement. He also pointed to the fact that Mr Thomas is a Junior Horseman and as such does not earn a great deal of money. He has also admitted the charge.


reasonsforpenalty:

The video films clearly show the incident and there was never enough room for Mr Thomas to improve in the Passing Lane and moving inside the marker line was a natural result of his manoeuvre.

Mr Thomas has however not only admitted the breach but he (in conjunction with Mr Smith) has been open and straightforward in his evidence to this Committee.

This is a Group 1 Race and accordingly we see the starting point penalty as being higher than that set out in the Guidelines.

Mr Thomas is however given credit for his admission of the charge, his good record and the fact that he is a Junior Driver.

We believe that a fine of $200.00 is appropriate.

We would also like to thank Mr Smith in the very able manner in which he assisted Mr Thomas.


penalty:

The Committee imposes a fine of $200.00 on Mr Thomas.


hearing_type: Hearing


Rules: Rule 869(7A)(b)


Informant: Mr N G McIntyre - Stipendiary Steward


JockeysandTrainer: Mr B M Thomas - Junior Horseman


Otherperson: Mr G D Smith - Senior Horseman - supporting Mr Thomas


PersonPresent:


Respondent:


StipendSteward:


raceid: cb7a94b16070febaab9cc1c0a032a7d2


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R8


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: ec834f14b177362032641228713d174f


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 02/06/2012


meet_title: Cambridge HRC - 2 June 2012


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: cambridge-hrc


meet_racingtype: harness-racing


meet_chair: BScott


meet_pm1: RMcKenzie


meet_pm2: none


name: Cambridge HRC