Auckland TC 7 November 2014 – R 2
ID: JCA13165
Meet Title:
Auckland TC - 7 November 2014
Meet Chair:
BScott
Meet Committee Member 1:
AGodsalve
Race Date:
2014/11/07
Race Number:
R3
Decision:
Penalty:
Facts:
Following the running of the LINCOLN FARMS MOBILE PACE an Information was lodged by Stipendiary Steward Mr S Mulcay against Open Horseman Mr Z Butcher alleging that Mr Butcher is in breach of the above Rules in that he failed to ensure that the sulky of BETTER ROSE did not contact any Track Marker and/or the sulky did not protrude inside the Marker Line of the passing lane in the run home.
Mr Butcher was present and acknowledged to the Committee that he admitted the breach.
The parties confirmed to the Committee that they did not need to see the race films again.
Submissions for Penalty:
Mr Mulcay referred to the JCA Guidelines. He said that the starting point penalty under Rule 869(7)(A)(a) for contacting a Track Marker was suspension of licence for two drives or a $100.00 fine. He then said that the starting point penalty under Rule 869(7)(A)(b) for sulky protruding inside the Marker Line was suspension of licence for four drives or a $200.00 fine.
Mr Mulcay submitted that the aggravating features were that as a result of Mr Butcher’s actions his horse was disqualified and also that he had persisted with his action for some distance. He said that by way of mitigation Mr Butcher is a busy Driver and he has admitted the breach.
Mr Mulcay submitted that a fine of between $300 and $400 is appropriate.
Mr Butcher for his part said that he misunderstood his position as far as the Rule was concerned and his actions down the Straight. He said he is aware of it now and he would accept a fine imposed by the Committee.
Reasons for Penalty:
The Committee has listened to the penalty submissions. The Protest Decision was very clear and Mr Butcher simply did not have the room to move to where he attempted to move. He has admitted the breach and although we do not think he had any option we do at least give him credit for that. He is a very busy Horseman and we give him credit for his record.
The aggravating factors however are that he persisted with his actions over some distance and as a result of his actions his horse was disqualified from the race.
Taking all matters into account we believe that a fine of $300.00 is appropriate.
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: 4ca2c20a1b3f334691d2d2d011675612
informantnumber: A7004
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Driving inside marker line
plea: admitted
penaltyrequired: 1
decisiondate: 25/11/2014
hearing_title: Auckland TC 7 November 2014 - R 2
charge:
facts:
Following the running of the LINCOLN FARMS MOBILE PACE an Information was lodged by Stipendiary Steward Mr S Mulcay against Open Horseman Mr Z Butcher alleging that Mr Butcher is in breach of the above Rules in that he failed to ensure that the sulky of BETTER ROSE did not contact any Track Marker and/or the sulky did not protrude inside the Marker Line of the passing lane in the run home.
Mr Butcher was present and acknowledged to the Committee that he admitted the breach.
The parties confirmed to the Committee that they did not need to see the race films again.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
sumissionsforpenalty:
Mr Mulcay referred to the JCA Guidelines. He said that the starting point penalty under Rule 869(7)(A)(a) for contacting a Track Marker was suspension of licence for two drives or a $100.00 fine. He then said that the starting point penalty under Rule 869(7)(A)(b) for sulky protruding inside the Marker Line was suspension of licence for four drives or a $200.00 fine.
Mr Mulcay submitted that the aggravating features were that as a result of Mr Butcher’s actions his horse was disqualified and also that he had persisted with his action for some distance. He said that by way of mitigation Mr Butcher is a busy Driver and he has admitted the breach.
Mr Mulcay submitted that a fine of between $300 and $400 is appropriate.
Mr Butcher for his part said that he misunderstood his position as far as the Rule was concerned and his actions down the Straight. He said he is aware of it now and he would accept a fine imposed by the Committee.
reasonsforpenalty:
The Committee has listened to the penalty submissions. The Protest Decision was very clear and Mr Butcher simply did not have the room to move to where he attempted to move. He has admitted the breach and although we do not think he had any option we do at least give him credit for that. He is a very busy Horseman and we give him credit for his record.
The aggravating factors however are that he persisted with his actions over some distance and as a result of his actions his horse was disqualified from the race.
Taking all matters into account we believe that a fine of $300.00 is appropriate.
penalty:
hearing_type: Hearing
Rules: 869(7)(A(a)(b)
Informant: Mr S Mulcay - Stipendiary Steward
JockeysandTrainer: Mr Z Butcher - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: cf294b021d9baeed6603d90f4bfb4e8c
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: fa578dfe4bb212f21dc01cfdee61cddc
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 07/11/2014
meet_title: Auckland TC - 7 November 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: BScott
meet_pm1: AGodsalve
meet_pm2: none
name: Auckland TC