Nelson HRC 10 June 2012 – R 7
ID: JCA11435
Meet Title:
Nelson HRC - 10 June 2012
Meet Chair:
RMcKenzie
Meet Committee Member 1:
PWilliams
Race Date:
2012/06/10
Race Number:
R7
Decision:
Mr Pash having admitted the breach, the charge was found proved.
Penalty:
Mr Pash was fined the sum of $150.
Charge:
Coming to starting gate out of position.
Facts:
Following the running of Race 7, Seacross Mobile Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Horseman, Mr M A Pash, alleging a breach of Rule 857 (7) (d) in that as the driver of SMOOTH SEAS in the race, he “came to the starting point out of position”.
Mr Pash was present at the hearing of the information and he indicated that he admitted the breach.
Rule 857 provides as follows:
(7) No horseman shall:-
(d) come to the starting gate out of position.
Submissions for Decision:
Mr Renault said that SMOOTH SEAS, driven by Mr Pash, had drawn to start from barrier position 5 on the second row in Race 7. He showed on a video replay that Mr Pash was “reining his horse up” to get up to the start behind the mobile. He was doing his best to do so, but he then went to the outside of Mr May (who was to start from barrier position 6) and incorrectly came up to the start in barrier position 6. Mr Pash should have started from inside Mr May, Mr Renault said. He started from directly behind Mr Smith, who had taken up Mr Pash’s position.
Mr Renault said that it was a mitigating factor that two other drivers (Messrs May and Smith) had contributed to the incident. However, Mr Pash had clearly come to the starting gate out of position.
Submissions for Penalty:
Mr Renault referred to starting point of a fine of $400 for a breach of the Rule. However, there was the mitigating factor referred to consider. He also referred to the fines of $150 imposed on Licensed Open Horsemen, Mr R T May and Mr G D Smith, for breaches of the Rule arising out of the same race. Mr Pash had a good record, Mr Renault said. He submitted that fine of $100-200 was appropriate.
Mr Pash said that, approaching the start, he was last. He was aware that he was to start from barrier position 5 on the second row. Mr Smith’s and Mr May’s horses had both come down and it was only in the last 40 metres or so that he managed to get up outside Mr May. There was no space for him to take up his rightful position inside Mr May, Mr Pash said. He believed that his horse was the worst affected of the three runners involved.
Reasons for Penalty:
In arriving at penalty, the Committee had regard to Mr Pash’s frank admission of the breach and his previous good record. The Committee also took into account that the start was not a good one with at least two other runners out of position at the release point. This was, clearly, a contributing factor. Having regard to those matters, the Committee took the view that a fine considerably smaller that that suggested by the Penalty Guide was called for. The Committee noted Mr Renault’s submission. Finally, the Committee thought that it was appropriate to deal with Mr Pash in a similar manner to Mr May and Mr Smith who had each been fined the sum of $150.
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: 27d22e1fcd8539cab6a28aa78d83c02c
informantnumber: A5182
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 24/05/2012
hearing_title: Nelson HRC 10 June 2012 - R 7
charge:
Coming to starting gate out of position.
facts:
Following the running of Race 7, Seacross Mobile Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Horseman, Mr M A Pash, alleging a breach of Rule 857 (7) (d) in that as the driver of SMOOTH SEAS in the race, he “came to the starting point out of position”.
Mr Pash was present at the hearing of the information and he indicated that he admitted the breach.
Rule 857 provides as follows:
(7) No horseman shall:-
(d) come to the starting gate out of position.
appealdecision:
isappeal:
submissionsfordecision:
Mr Renault said that SMOOTH SEAS, driven by Mr Pash, had drawn to start from barrier position 5 on the second row in Race 7. He showed on a video replay that Mr Pash was “reining his horse up” to get up to the start behind the mobile. He was doing his best to do so, but he then went to the outside of Mr May (who was to start from barrier position 6) and incorrectly came up to the start in barrier position 6. Mr Pash should have started from inside Mr May, Mr Renault said. He started from directly behind Mr Smith, who had taken up Mr Pash’s position.
Mr Renault said that it was a mitigating factor that two other drivers (Messrs May and Smith) had contributed to the incident. However, Mr Pash had clearly come to the starting gate out of position.
reasonsfordecision:
Decision:
Mr Pash having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Renault referred to starting point of a fine of $400 for a breach of the Rule. However, there was the mitigating factor referred to consider. He also referred to the fines of $150 imposed on Licensed Open Horsemen, Mr R T May and Mr G D Smith, for breaches of the Rule arising out of the same race. Mr Pash had a good record, Mr Renault said. He submitted that fine of $100-200 was appropriate.
Mr Pash said that, approaching the start, he was last. He was aware that he was to start from barrier position 5 on the second row. Mr Smith’s and Mr May’s horses had both come down and it was only in the last 40 metres or so that he managed to get up outside Mr May. There was no space for him to take up his rightful position inside Mr May, Mr Pash said. He believed that his horse was the worst affected of the three runners involved.
reasonsforpenalty:
In arriving at penalty, the Committee had regard to Mr Pash’s frank admission of the breach and his previous good record. The Committee also took into account that the start was not a good one with at least two other runners out of position at the release point. This was, clearly, a contributing factor. Having regard to those matters, the Committee took the view that a fine considerably smaller that that suggested by the Penalty Guide was called for. The Committee noted Mr Renault’s submission. Finally, the Committee thought that it was appropriate to deal with Mr Pash in a similar manner to Mr May and Mr Smith who had each been fined the sum of $150.
penalty:
Mr Pash was fined the sum of $150.
hearing_type: Hearing
Rules: 857(7)(d)
Informant: SP Renault - Stipendiary Steward
JockeysandTrainer: MA Pash - Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 0dd303a9ed08c883da38191fc0972729
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 6ab39880f8aaf08dee8c9e015019d5c3
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 10/06/2012
meet_title: Nelson HRC - 10 June 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nelson-hrc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: PWilliams
meet_pm2: none
name: Nelson HRC