Cambridge Te Awamutu HRC 1 November 2012 – R 4
ID: JCA11471
Meet Title:
Cambridge HRC - 1 November 2012
Meet Chair:
JHolloway
Meet Committee Member 1:
AGodsalve
Race Date:
2012/11/01
Race Number:
R4
Decision:
Charge established.
Penalty:
Mr Marshall was ordered to pay a fine of $400.
Charge:
Junior Driver K Marshall was charged with allowing his horse Benromach to pace for the final 200 metres of the race and failing to take all reasonable steps to return the horse to its proper gait.
Facts:
Following the running of race 4 Stipendiary Steward Mr S Wallis lodged an information charging Junior Driver Mr K Marshall with a breach of Rule 870. Mr Marshall appeared for the hearing supported by Mr P Ferguson and confirmed he understood the charge and was admitting the breach.
Rule 870 reads:
"(1) When any horse breaks from its gait in any race its horseman shall immediately take all reasonable steps to return it to its proper gait and where clearance exists immediately take such horse clear of the field
(2) the following shall be a breach of sub-rule (1) hereof
(b) failure to take all reasonable steps to return the horse to its proper gait"
Submissions for Decision:
Stipendiary Steward Mr S Wallis referred the committee to footage of the final stages of the race and identified Mr Marshall driving Benromach. Turning into the straight Benromach moved from the trail into the passing lane and in doing so appeared to miss a step before breaking into a pacing gait in which the horse completed the race finishing in third place.
Mr Marshall conceded that his horse had broken into a pacing stride but had been unaware of it happening.
Reasons for Decision:
Having admitted the breach the Committee found the charge proved.
Submissions for Penalty:
Mr Wallis submitted that the committee should take into account the fact that Mr Marshall was a junior driver with 123 lifetime drives including 24 this racing season. He had a clear record and this was the first time he had faced a judicial committee. He had been cooperative with the Stewards and had readily admitted his fault. The breach was assessed by the Stewards as mid range and Benromach had been disqualified during an earlier protest hearing. The Stewards sought a fine in the region of $400 to $450.
Mr Ferguson spoke on behalf of Mr Marshall. He explained that Mr Marshall was a junior driver with limited experience trying to make his way in the industry. He was working as a stablehand on low wages but preferred a fine to suspension as he was keen to further his driving experience. In the heat of the race turning for home he had failed to notice his drive change its gait. Mr Ferguson confirmed that he had driven Benromach previously and its racing style and manners were not ideally suited to being raced by an inexperienced driver.
Although Benromach had been disqualified from third, even if Mr Marshall had recognised the change of gait and taken steps to rectify this the horse would still have remained unplaced. He suggested a lower fine was appropriate.
Reasons for Penalty:
The Committee having regard to the penalty guide considered the appropriate starting point for this breach was $500 fine and confirmed the breach was mid range in seriousness.
They viewed Mr Marshall's junior driver status, his relative inexperience, his clear record and the open and frank manner he had dealt with the enquiry to be mitigating factors.
Benromach had been disqualified from third and although strictly speaking this should be viewed as an aggravating factor the committee formed the opinion that the break from its proper gait had in no way been the fault of Mr Marshall and even if he had detected the incorrect gait and taken the necessary steps to return the horse to its proper gait at that stage of the race, Benromach would still have been unplaced.
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: 1cdd38175d3d3f8ff4e883a818569615
informantnumber: A5637
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 30/10/2012
hearing_title: Cambridge Te Awamutu HRC 1 November 2012 - R 4
charge:
Junior Driver K Marshall was charged with allowing his horse Benromach to pace for the final 200 metres of the race and failing to take all reasonable steps to return the horse to its proper gait.
facts:
Following the running of race 4 Stipendiary Steward Mr S Wallis lodged an information charging Junior Driver Mr K Marshall with a breach of Rule 870. Mr Marshall appeared for the hearing supported by Mr P Ferguson and confirmed he understood the charge and was admitting the breach.
Rule 870 reads:
"(1) When any horse breaks from its gait in any race its horseman shall immediately take all reasonable steps to return it to its proper gait and where clearance exists immediately take such horse clear of the field
(2) the following shall be a breach of sub-rule (1) hereof
(b) failure to take all reasonable steps to return the horse to its proper gait"
appealdecision:
isappeal:
submissionsfordecision:
Stipendiary Steward Mr S Wallis referred the committee to footage of the final stages of the race and identified Mr Marshall driving Benromach. Turning into the straight Benromach moved from the trail into the passing lane and in doing so appeared to miss a step before breaking into a pacing gait in which the horse completed the race finishing in third place.
Mr Marshall conceded that his horse had broken into a pacing stride but had been unaware of it happening.
reasonsfordecision:
Having admitted the breach the Committee found the charge proved.
Decision:
Charge established.
sumissionsforpenalty:
Mr Wallis submitted that the committee should take into account the fact that Mr Marshall was a junior driver with 123 lifetime drives including 24 this racing season. He had a clear record and this was the first time he had faced a judicial committee. He had been cooperative with the Stewards and had readily admitted his fault. The breach was assessed by the Stewards as mid range and Benromach had been disqualified during an earlier protest hearing. The Stewards sought a fine in the region of $400 to $450.
Mr Ferguson spoke on behalf of Mr Marshall. He explained that Mr Marshall was a junior driver with limited experience trying to make his way in the industry. He was working as a stablehand on low wages but preferred a fine to suspension as he was keen to further his driving experience. In the heat of the race turning for home he had failed to notice his drive change its gait. Mr Ferguson confirmed that he had driven Benromach previously and its racing style and manners were not ideally suited to being raced by an inexperienced driver.
Although Benromach had been disqualified from third, even if Mr Marshall had recognised the change of gait and taken steps to rectify this the horse would still have remained unplaced. He suggested a lower fine was appropriate.
reasonsforpenalty:
The Committee having regard to the penalty guide considered the appropriate starting point for this breach was $500 fine and confirmed the breach was mid range in seriousness.
They viewed Mr Marshall's junior driver status, his relative inexperience, his clear record and the open and frank manner he had dealt with the enquiry to be mitigating factors.
Benromach had been disqualified from third and although strictly speaking this should be viewed as an aggravating factor the committee formed the opinion that the break from its proper gait had in no way been the fault of Mr Marshall and even if he had detected the incorrect gait and taken the necessary steps to return the horse to its proper gait at that stage of the race, Benromach would still have been unplaced.
penalty:
Mr Marshall was ordered to pay a fine of $400.
hearing_type: Hearing
Rules: Rule 870(1)& 2(b) & Breaking Horses Regulations
Informant: Mr S Wallis - Stipendiary Steward
JockeysandTrainer: Junior Driver Mr K Marshall
Otherperson: Horseman Mr P Ferguson
PersonPresent:
Respondent:
StipendSteward:
raceid: 24a0dad870fe1f461ec280f724b7468d
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 6c6cba2431b6f14d404206e98876b4cc
meet_expapproval: approved
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 01/11/2012
meet_title: Cambridge HRC - 1 November 2012
meet_expappcomment:
meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "JHolloway", "Member": "", "OtherExpenses": "0", "KMs": "138", "Total": "85.56", "kmprice": 85.560000000000002, "Approved": "on"}]
meet_otherexp:
tracklocation: cambridge-hrc
meet_racingtype: harness-racing
meet_chair: JHolloway
meet_pm1: AGodsalve
meet_pm2: none
name: Cambridge HRC