HR Waikato 27 October 2016 – R 1 – Chair, Mr A Godsalve
ID: JCA11671
Meet Title:
Harness Racing Waikato - 27 October 2016
Meet Chair:
AGodsalve
Meet Committee Member 1:
ADooley
Race Date:
2016/10/27
Race Number:
R1
Decision:
As the breach has been admitted we find the charge proved.
Penalty:
Accordingly Ms Wigg is fined the sum of $200.
Facts:
Following the running of Race 1, the NOTTINGHAM CASTLE HOTEL MORRINSVILLE MOBILE PACE, an Information was presented by Mr Mulcay, alleging that Ms Wigg came to the starting gate out of position with CHAL SHOCKED, initially position 3 instead of position 4. Ms Wigg was present at the hearing and acknowledged that she understood this Rule, and that she admitted the breach.
Rule 857(7)(d) states: 'No horseman shall come to the starting gate out of position.'
Using the available video films, Mr Muirhead identified the horse CHAL SHOCKED as the field were called in behind the mobile barrier.
It was clear that Ms Wigg positioned CHAL SHOCKED behind barrier position 3 as the barrier gained momentum, and then dropped back so that she could re-position the horse behind the correct position - barrier 4.
Mr Mulcay, in reply to a question from the Committee, stated that the race starter had alerted Stewards after the race of this matter. Mr Mulcay told the Committee that as the error had been noticed by other drivers also, there had been a minimal effect to the start of the race.
Ms Wigg agreed that she had positioned the horse incorrectly, adding that it had been a mistake on her part.
Submissions for Penalty:
Mr Mulcay produced Ms Wigg's driving record which was clear in respect of breaches of this type. He stated that the JCA Penalty Guide provided a starting point of an 8 drive suspension or a $400 fine for a breach of this Rule. He said it was to Ms Wigg's credit that she had admitted the breach, and added that there were no aggravating factors in this matter. Mr Mulcay added that the result of this breach was minimal in the overall circumstances and that he believed a fine would be an appropriate penalty.
Ms Wigg stated that she would prefer a fine over a suspension of her driving license.
Reasons for Penalty:
The JCA Penalty Guide starting point for this breach is a fine of $400 or an 8 drive suspension. We took into account Ms Wigg's admission of the breach and her clear record. Clearly the mistake was discovered prior to the race starting and the consequences were therefore minimal.
Taking the above into consideration, and after ascertaining other penalties imposed for this breach, the Committee determined that a fine would be an appropriate penalty.
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: 21b826da50512be6029592c6f4fee326
informantnumber: A3742
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Came to starting gate out of position
plea: admitted
penaltyrequired: 1
decisiondate: 27/10/2016
hearing_title: HR Waikato 27 October 2016 - R 1 - Chair, Mr A Godsalve
charge:
facts:
Following the running of Race 1, the NOTTINGHAM CASTLE HOTEL MORRINSVILLE MOBILE PACE, an Information was presented by Mr Mulcay, alleging that Ms Wigg came to the starting gate out of position with CHAL SHOCKED, initially position 3 instead of position 4. Ms Wigg was present at the hearing and acknowledged that she understood this Rule, and that she admitted the breach.
Rule 857(7)(d) states: 'No horseman shall come to the starting gate out of position.'
Using the available video films, Mr Muirhead identified the horse CHAL SHOCKED as the field were called in behind the mobile barrier.
It was clear that Ms Wigg positioned CHAL SHOCKED behind barrier position 3 as the barrier gained momentum, and then dropped back so that she could re-position the horse behind the correct position - barrier 4.
Mr Mulcay, in reply to a question from the Committee, stated that the race starter had alerted Stewards after the race of this matter. Mr Mulcay told the Committee that as the error had been noticed by other drivers also, there had been a minimal effect to the start of the race.
Ms Wigg agreed that she had positioned the horse incorrectly, adding that it had been a mistake on her part.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the breach has been admitted we find the charge proved.
sumissionsforpenalty:
Mr Mulcay produced Ms Wigg's driving record which was clear in respect of breaches of this type. He stated that the JCA Penalty Guide provided a starting point of an 8 drive suspension or a $400 fine for a breach of this Rule. He said it was to Ms Wigg's credit that she had admitted the breach, and added that there were no aggravating factors in this matter. Mr Mulcay added that the result of this breach was minimal in the overall circumstances and that he believed a fine would be an appropriate penalty.
Ms Wigg stated that she would prefer a fine over a suspension of her driving license.
reasonsforpenalty:
The JCA Penalty Guide starting point for this breach is a fine of $400 or an 8 drive suspension. We took into account Ms Wigg's admission of the breach and her clear record. Clearly the mistake was discovered prior to the race starting and the consequences were therefore minimal.
Taking the above into consideration, and after ascertaining other penalties imposed for this breach, the Committee determined that a fine would be an appropriate penalty.
penalty:
Accordingly Ms Wigg is fined the sum of $200.
hearing_type: Hearing
Rules: Rule 857(7)(d)
Informant: Mr S Mulcay - Stipendiary Steward
JockeysandTrainer: Ms S Wigg-Licensed Amateur Horsewoman
Otherperson: Mr J M Muirhead - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: c142c65a1e089f2004af4efa25307af8
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 938a0ed88fd2ac6f3b68f85cfe2533d9
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 27/10/2016
meet_title: Harness Racing Waikato - 27 October 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: harness-racing-waikato
meet_racingtype: harness-racing
meet_chair: AGodsalve
meet_pm1: ADooley
meet_pm2: none
name: Harness Racing Waikato