NZ Metro TC 29 July 2016 – R 2 – Chair, Mr D Jackson
ID: JCA12161
Meet Title:
NZ Metro TC - 29 July 2016
Meet Chair:
DJackson
Meet Committee Member 1:
RMcKenzie
Race Date:
2016/07/29
Race Number:
R 2
Decision:
As Mr Borcoskie had admitted this breach of the Rules it was found to be proved in accordance with Rule 867.
Penalty:
Mr Borcoskie’s Horseman’s Licence was suspended from after the completion of racing on 29 July until after the completion of racing on 7 August 2016 (encompassing the NZMTC meeting on Friday 5 August and the Kurow Trotting Club meeting at Oamaru on 7 August 2016). This period of suspension amounts to a two drive suspension.
Facts:
Following the running of Race 2, the Fahey Fence Hire Trot, Stipendiary Steward, Mr N Ydgren filed an Information against licensed Horseman Mr P. Borcoskie alleging a breach of Rule 867. It was alleged that Mr Borcoskie had dropped his leg from the sulky rest for some distance on the home turn when driving (DEVA JONES) (8).
The charge reads as follows:
“Driver P. Borcoskie (DEVA JONES) drove his horse with his foot out of the sulky footrest for some distance rounding the final bend.”
Rule 867 reads as follows –
“Every horseman shall drive throughout the race with both feet in the rests of the sulky provided for that purpose.”
Mr Borcoskie admitted the breach of the Rules at the hearing (having earlier given notice of his intention to do so to Mr Ydgren). Mr Borcoskie also agreed that he understood the charge and the Rule it was brought under.
Mr Ydgren gave evidence and used video coverage to show that at the approximately the 400 metre mark Mr Borcoskie had dropped his right foot from the footrest, and had driven in that position for approximately 110 metres before taking corrective action in the home straight
In relation to the facts of this matter Mr Borcoskie explained that: he had not used this particular sulky before; his foot slipped from the footrest when he pulled the earplugs on the home bend; the horse had hung in during the last 10 or so metres of the incident in question (which gave him time to assess the situation and put his foot back); and that he had suffered a back injury recently which did not help at any stage. Mr Borcoskie did agree that he had left his foot out for far too long, and hence the admission of the breach.
Submissions for Penalty:
In relation to penalty Mr Ydgren advised that Mr Borcoskie had not previously breached this Rule and the breach was admitted. Mr Ydgren referred to the JCA Penalty Guideline which recommends a starting point of a two drive suspension or a fine of $100-00. Mr Ydgren submitted that a fine of $100-00 should be imposed in this case but noted that Mr Borcoskie preferred to be suspended for two drives.
Mr Borcoskie explained that he was not a regular driver and would prefer to be suspended.
Reasons for Penalty:
In considering the matter of an appropriate penalty the Committee took into account that Mr Borcoskie had admitted the breach, and also that he had not previously breached this Rule. The Penalty Guidelines recommend a fine of $100 or a two drive suspension as a starting point for a breach of this Rule. In this case we were satisfied that a two drive suspension should be imposed.
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: 3993dfdb2de6d54dc695a0dc46366142
informantnumber: A8302
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Alleged dropping foot from sulky rest
plea: admitted
penaltyrequired: 1
decisiondate: 01/08/2016
hearing_title: NZ Metro TC 29 July 2016 - R 2 - Chair, Mr D Jackson
charge:
facts:
Following the running of Race 2, the Fahey Fence Hire Trot, Stipendiary Steward, Mr N Ydgren filed an Information against licensed Horseman Mr P. Borcoskie alleging a breach of Rule 867. It was alleged that Mr Borcoskie had dropped his leg from the sulky rest for some distance on the home turn when driving (DEVA JONES) (8).
The charge reads as follows:
“Driver P. Borcoskie (DEVA JONES) drove his horse with his foot out of the sulky footrest for some distance rounding the final bend.”
Rule 867 reads as follows –
“Every horseman shall drive throughout the race with both feet in the rests of the sulky provided for that purpose.”
Mr Borcoskie admitted the breach of the Rules at the hearing (having earlier given notice of his intention to do so to Mr Ydgren). Mr Borcoskie also agreed that he understood the charge and the Rule it was brought under.
Mr Ydgren gave evidence and used video coverage to show that at the approximately the 400 metre mark Mr Borcoskie had dropped his right foot from the footrest, and had driven in that position for approximately 110 metres before taking corrective action in the home straight
In relation to the facts of this matter Mr Borcoskie explained that: he had not used this particular sulky before; his foot slipped from the footrest when he pulled the earplugs on the home bend; the horse had hung in during the last 10 or so metres of the incident in question (which gave him time to assess the situation and put his foot back); and that he had suffered a back injury recently which did not help at any stage. Mr Borcoskie did agree that he had left his foot out for far too long, and hence the admission of the breach.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Borcoskie had admitted this breach of the Rules it was found to be proved in accordance with Rule 867.
sumissionsforpenalty:
In relation to penalty Mr Ydgren advised that Mr Borcoskie had not previously breached this Rule and the breach was admitted. Mr Ydgren referred to the JCA Penalty Guideline which recommends a starting point of a two drive suspension or a fine of $100-00. Mr Ydgren submitted that a fine of $100-00 should be imposed in this case but noted that Mr Borcoskie preferred to be suspended for two drives.
Mr Borcoskie explained that he was not a regular driver and would prefer to be suspended.
reasonsforpenalty:
In considering the matter of an appropriate penalty the Committee took into account that Mr Borcoskie had admitted the breach, and also that he had not previously breached this Rule. The Penalty Guidelines recommend a fine of $100 or a two drive suspension as a starting point for a breach of this Rule. In this case we were satisfied that a two drive suspension should be imposed.
penalty:
Mr Borcoskie’s Horseman’s Licence was suspended from after the completion of racing on 29 July until after the completion of racing on 7 August 2016 (encompassing the NZMTC meeting on Friday 5 August and the Kurow Trotting Club meeting at Oamaru on 7 August 2016). This period of suspension amounts to a two drive suspension.
hearing_type: Hearing
Rules: 867
Informant: Mr N Ydgren - Stipendiary Steward
JockeysandTrainer: Mr P Borcoskie - Licensed Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 6d70efd1e81303dd7c5359722e34cf9d
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: d2ff146b1660cc69cb9cc9355706c16f
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 29/07/2016
meet_title: NZ Metro TC - 29 July 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: DJackson
meet_pm1: RMcKenzie
meet_pm2: none
name: NZ Metro TC