Waikato BOP HI 2 June 2018 – R 9 – Chair, Mr B Scott
ID: JCA11897
Meet Title:
Harness Racing Waikato - 2 June 2018
Meet Chair:
BScott
Meet Committee Member 1:
GHall
Meet Committee Member 2:
NMcCutcheon
Race Date:
2018/06/02
Race Number:
R9
Decision:
All 3 breaches are admitted and therefore the charges are proved.
Penalty:
The Committee imposes fines of $400.00 on Messrs May and Smith and for the reasons set out above imposes a fine of $500.00 on Ms Rasmussen.
Facts:
Following the running of the DUNSTAN FEEDS 3YO EMERALD three separate Informations were lodged by Chief Stipendiary Steward Mr N Ydgren against Open Horsewoman Ms N Rasmussen (Driver of FUNATTHEBEACH) and Open Horsemen Mr RT May (Driver of HAIL CHRISTIAN) and Mr G Smith (Driver of HENRY HUBERT) alleging that they all failed to maintain their positions on the mobile barrier until dispatch.
Rule 857(7)(g) provides : no horseman shall fail to come up into and/or maintain his position.
Ms Rasmussen and Messrs May and Smith all admitted the breach and all noted on the Informations that they did not wish to be present at the Hearing.
In view of the fact that all 3 charges were under the same Rule the Committee ruled that they could all be heard together.
Mr Ydgren demonstrated the incidents by use of the race films and showed where each driver was initially up with the Barrier but in each case they allowed their horses to drift and they were back at the start. He said that Ms Rasmussen's horse began to drift after the Candy Pole and it was one and a half lengths off the barrier at the start. He said that Mr May had told him that the horses on each side of him were drifting back so he thought it was OK to do so. He said that Mr Smith had drawn the outside and he simply allowed his horse to drift and there was no reason for that. He further said that the horses in each case were not giving their Drivers any difficulties.
Submissions for Penalty:
Mr Ydgren said that all 3 Drivers had clear records under this Rule. He said Ms Rasmussen had 82 drives this season, Mr May 543 drives and Mr Smith 565 drives. He said that all 3 Drivers admitted the breaches and that these charges would normally be dealt with under the Minor Infringement Schedule but taking into account that this was a Group 1 race then a higher fine was appropriate.
Mr Ydgren also advised the Committee that the Stewards policy was to warn Drivers for a first breach of this Rule and then charge for a second breach. He said that in Ms Rasmussen's case she was warned today after race 1.
Reasons for Penalty:
The Committee reviewed the films relating to all 3 drivers and also the submissions presented to us. Admissions of the breaches were inevitable given the compelling video evidence. This is a Group 1 race on a Group 1 day and the penalties reflect that.
In the interests of consistency the Committee is going to impose the same fines on Messrs May and Smith as have been imposed on other Drivers during today. The Committee is concerned that Ms Rasmussen was warned after race 1 and yet breaches the Rule again 8 races later and the Committee is of the view that that warrants an uplift in 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: 2abc819b5ed72e3039ad258bdba26d2d
informantnumber: A10566 - A10568 - A10567
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Failing to maintain position at the start
plea: admitted
penaltyrequired: 1
decisiondate: 05/06/2018
hearing_title: Waikato BOP HI 2 June 2018 - R 9 - Chair, Mr B Scott
charge:
facts:
Following the running of the DUNSTAN FEEDS 3YO EMERALD three separate Informations were lodged by Chief Stipendiary Steward Mr N Ydgren against Open Horsewoman Ms N Rasmussen (Driver of FUNATTHEBEACH) and Open Horsemen Mr RT May (Driver of HAIL CHRISTIAN) and Mr G Smith (Driver of HENRY HUBERT) alleging that they all failed to maintain their positions on the mobile barrier until dispatch.
Rule 857(7)(g) provides : no horseman shall fail to come up into and/or maintain his position.
Ms Rasmussen and Messrs May and Smith all admitted the breach and all noted on the Informations that they did not wish to be present at the Hearing.
In view of the fact that all 3 charges were under the same Rule the Committee ruled that they could all be heard together.
Mr Ydgren demonstrated the incidents by use of the race films and showed where each driver was initially up with the Barrier but in each case they allowed their horses to drift and they were back at the start. He said that Ms Rasmussen's horse began to drift after the Candy Pole and it was one and a half lengths off the barrier at the start. He said that Mr May had told him that the horses on each side of him were drifting back so he thought it was OK to do so. He said that Mr Smith had drawn the outside and he simply allowed his horse to drift and there was no reason for that. He further said that the horses in each case were not giving their Drivers any difficulties.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
All 3 breaches are admitted and therefore the charges are proved.
sumissionsforpenalty:
Mr Ydgren said that all 3 Drivers had clear records under this Rule. He said Ms Rasmussen had 82 drives this season, Mr May 543 drives and Mr Smith 565 drives. He said that all 3 Drivers admitted the breaches and that these charges would normally be dealt with under the Minor Infringement Schedule but taking into account that this was a Group 1 race then a higher fine was appropriate.
Mr Ydgren also advised the Committee that the Stewards policy was to warn Drivers for a first breach of this Rule and then charge for a second breach. He said that in Ms Rasmussen's case she was warned today after race 1.
reasonsforpenalty:
The Committee reviewed the films relating to all 3 drivers and also the submissions presented to us. Admissions of the breaches were inevitable given the compelling video evidence. This is a Group 1 race on a Group 1 day and the penalties reflect that.
In the interests of consistency the Committee is going to impose the same fines on Messrs May and Smith as have been imposed on other Drivers during today. The Committee is concerned that Ms Rasmussen was warned after race 1 and yet breaches the Rule again 8 races later and the Committee is of the view that that warrants an uplift in penalty.
penalty:
The Committee imposes fines of $400.00 on Messrs May and Smith and for the reasons set out above imposes a fine of $500.00 on Ms Rasmussen.
hearing_type: Hearing
Rules: Rule 857(7)(g)
Informant: Mr N Ydgren - Chief Stipendiary Steward
JockeysandTrainer: Ms N Rasmussen - Licensed Open Horsewoman, R T May-Open Horseman, G Smith- Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 5f4e211fa70ea0523c9a01f5817c5d71
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: bceab936dcc310600f6aa604a55cb503
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 02/06/2018
meet_title: Harness Racing Waikato - 2 June 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: harness-racing-waikato
meet_racingtype: harness-racing
meet_chair: BScott
meet_pm1: GHall
meet_pm2: NMcCutcheon
name: Harness Racing Waikato