NZ Metro TC 8 November 2011 – R 6
ID: JCA11811
Meet Title:
NZ Metro TC - 8 November 2011
Meet Chair:
JPhelan
Meet Committee Member 1:
RMcKenzie
Race Date:
2011/11/08
Race Number:
R 6
Decision:
On resuming the hearing we gave our reasons (as set out above) and advised that the charge had been proved.
Penalty:
Mr Holmes was fined the sum of $300-00.
Charge:
Alleged breach of Rule 869(5)
Facts:
Following the running of Race 6, the NZ Trotting Free-For-All, an Information was filed by Stipendiary Steward Mr N. G. McIntyre against Open Horseman Mr R. D. Holmes, the driver of “Real Deal Yankee” (5), alleging a breach of Rule 869(5), the “half carting” Rule.
The charge reads as follows.
“I the above named informant allege that the above named Respondent committed a breach of Rule 869(5) (in that) Mr Holmes half carted from about the 800m to the 500m when failing to trail the sulky seat of “Vulcan”.
Rule 869(5) reads as follows,
“(5) A horseman shall trail with his horse’s head behind the seat of the sulky being trailed.”
Mr Holmes had indicated on the Information that this breach of the Rules was not admitted and he confirmed this at the hearing. Mr Holmes agreed that he understood the charge and the Rule it was brought under.
Submissions for Decision:
Stipendiary Steward Mr Ydgren gave evidence and used video coverage to show that on entering the back straight for the final time Mr Holmes was in the two out line. Shortly after entering the back straight Mr Holmes half carted for more than 200 metres. This caused “Running On Time” (Mr M. P. Edmonds) to race 3½ wide. It was also established that Mr Holmes had an advantage over “Running On Time” and that it would have been within the Rules for Mr Holmes to have pushed that horse four wide had he chosen to do so.
Mr Holmes gave evidence that he could have pushed “Running On Time” wider on the track but that he chose not to do so, hoping that Mr Edmonds would move forward. Mr Holmes agreed that he had the right to come out but chose not to.
We adjourned to consider our decision.
Reasons for Decision:
After reviewing the evidence and the video coverage it was quite clear to us that Mr Holmes had half carted for a distance in excess of 200 metres. He agreed that he could have pushed “Running On Time” four wide and made a run three wide, but chose not to. This is a clear breach of the Rule and we found the charge proved.
Submissions for Penalty:
In relation to penalty Mr Ydgren advised that Mr Holmes had not previously breached this Rule. Mr Ydgren also advised that Mr D. J. Dunn had earlier in the day been fined $200-00 for a similar breach, but that was in a $20,000-00 race, and the breach was admitted. In this case the race was a Group One race for a stake of $80,000-00 and the breach was not admitted. Mr Ydgren submitted that a fine of $300-00 should be imposed in this case.
Mr Holmes made submissions that the amount of a fine should be - “the lower the better”.
Reasons for Penalty:
We were satisfied that the only mitigating factor in this case was that Mr Holmes had not previously breached this Rule. On the other hand this was a Group one race for a stake of $80,000-00 and for this reason the fine should be more than that imposed in the Dunn case. We decided that a fine of $300-00 should be imposed in this case.
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: 2527e2f62d03594103d74074a4df5219
informantnumber: A1020
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 1
decisiondate: 04/11/2011
hearing_title: NZ Metro TC 8 November 2011 - R 6
charge:
Alleged breach of Rule 869(5)
facts:
Following the running of Race 6, the NZ Trotting Free-For-All, an Information was filed by Stipendiary Steward Mr N. G. McIntyre against Open Horseman Mr R. D. Holmes, the driver of “Real Deal Yankee” (5), alleging a breach of Rule 869(5), the “half carting” Rule.
The charge reads as follows.
“I the above named informant allege that the above named Respondent committed a breach of Rule 869(5) (in that) Mr Holmes half carted from about the 800m to the 500m when failing to trail the sulky seat of “Vulcan”.
Rule 869(5) reads as follows,
“(5) A horseman shall trail with his horse’s head behind the seat of the sulky being trailed.”
Mr Holmes had indicated on the Information that this breach of the Rules was not admitted and he confirmed this at the hearing. Mr Holmes agreed that he understood the charge and the Rule it was brought under.
appealdecision:
isappeal:
submissionsfordecision:
Stipendiary Steward Mr Ydgren gave evidence and used video coverage to show that on entering the back straight for the final time Mr Holmes was in the two out line. Shortly after entering the back straight Mr Holmes half carted for more than 200 metres. This caused “Running On Time” (Mr M. P. Edmonds) to race 3½ wide. It was also established that Mr Holmes had an advantage over “Running On Time” and that it would have been within the Rules for Mr Holmes to have pushed that horse four wide had he chosen to do so.
Mr Holmes gave evidence that he could have pushed “Running On Time” wider on the track but that he chose not to do so, hoping that Mr Edmonds would move forward. Mr Holmes agreed that he had the right to come out but chose not to.
We adjourned to consider our decision.
reasonsfordecision:
After reviewing the evidence and the video coverage it was quite clear to us that Mr Holmes had half carted for a distance in excess of 200 metres. He agreed that he could have pushed “Running On Time” four wide and made a run three wide, but chose not to. This is a clear breach of the Rule and we found the charge proved.
Decision:
On resuming the hearing we gave our reasons (as set out above) and advised that the charge had been proved.
sumissionsforpenalty:
In relation to penalty Mr Ydgren advised that Mr Holmes had not previously breached this Rule. Mr Ydgren also advised that Mr D. J. Dunn had earlier in the day been fined $200-00 for a similar breach, but that was in a $20,000-00 race, and the breach was admitted. In this case the race was a Group One race for a stake of $80,000-00 and the breach was not admitted. Mr Ydgren submitted that a fine of $300-00 should be imposed in this case.
Mr Holmes made submissions that the amount of a fine should be - “the lower the better”.
reasonsforpenalty:
We were satisfied that the only mitigating factor in this case was that Mr Holmes had not previously breached this Rule. On the other hand this was a Group one race for a stake of $80,000-00 and for this reason the fine should be more than that imposed in the Dunn case. We decided that a fine of $300-00 should be imposed in this case.
penalty:
Mr Holmes was fined the sum of $300-00.
hearing_type: Hearing
Rules: 869(5)
Informant: Mr NG McIntyre - Stipendiary Steward
JockeysandTrainer: Mr RD Holmes - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: cff1acda482701432fa3dcdd9b3c2300
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: ddac6b2b022673d033e412219c63d1e6
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 08/11/2011
meet_title: NZ Metro TC - 8 November 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: JPhelan
meet_pm1: RMcKenzie
meet_pm2: none
name: NZ Metro TC