R2 Thames HRC 4 May 2014
ID: JCA13366
Decision:
As Mr Cole admitted the breach we find the charge proved.
Penalty:
Taking all the above matters into account we impose a fine of $200.
Facts:
Following the running of Race 2, the FAMILY FUN DAY TROT MOBILE PACE 2700m, an Information was filed by Stipendiary Steward Mr J Muirhead against Open Horseman Mr J Cole, the driver of horse number 10, SUN OF ANARCHY, alleging a breach of Rule 869 (2). The Information alleged “Horseman J Cole started from unruly (2) position instead of unruly (1) position with SUN OF ANARCHY”.
Rule 869(2) provides that:
No horseman shall permit a horse to start and no horse shall start other than from its correct barrier position or in advance of its correct barrier position (either at a standing or mobile or moving start) unless directed by the Starter in accordance with Rule 860(8).
Mr Cole endorsed on the Information that he admitted the breach of the rule and that he wished to be present at the hearing.
Mr Muirhead demonstrated the incident to the Judicial Committee (the “Committee”) by way of video footage of the race start. He told the Committee that SON OF ANARCHY should have started from the unruly position on the second row, inside of the other unruly runner, SUNNY LINDY. Instead Mr Cole positioned SON OF ANARCHY on the outer of SUMMY LINDY.
Mr Muirhead advised the Committee that following the race Stewards reviewed the race video footage and noted that most of the horses that finished behind SUN OF ANARCHY broke and galloped for varying distances. He said Stewards were of the view that SUN OF ANARCHY did not gain any advantage by starting the race from its incorrect position and on that basis no relegation or disqualification was sought.
Mr Cole said that he freely acknowledged the breach and said it was due to an error of judgement on his part.
Submissions for Penalty:
Mr Muirhead referred to the JCA penalty guidelines which recommend a starting point for a breach of this rule at a $400 fine. He submitted that this is an important rule that must be adhered to and suggested an appropriate penalty for this breach would be in the vicinity of $250. He added Mr Cole was an experienced driver, but has only had 13 drives this season and 20 drives last season. He further submitted Mr Cole ought to be given credit for his admission of the breach.
Mr Cole submitted that the Committee should take into account his good record, his admission and note that the breach was simply an error of judgement. He suggested a fine of $150 would be appropriate.
Reasons for Penalty:
The Committee reviewed the submissions of both the Informant and Respondent. We have taken into account the JCA Penalty Guidelines and penalties for similar breaches. Two recent breaches have resulted in a $250 fine and a 4 day suspension.
The Committee has assessed the breach at low range and has given Mr Cole credit for his admission of the breach. We note that Mr Cole has driven 187 winners from 1335 lifetime drives and has had no recent breaches of any rule. We therefore assess his overall driving record as very good.
Decision Date: 28/04/2014
Publish Date: 28/04/2014
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: 685b7cf767dd87f8ebdc709f4f9cc46d
informantnumber: A2538
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Permitted drive to start from wrong position
plea: admitted
penaltyrequired: 1
decisiondate: 28/04/2014
hearing_title: R2 Thames HRC 4 May 2014
charge:
facts:
Following the running of Race 2, the FAMILY FUN DAY TROT MOBILE PACE 2700m, an Information was filed by Stipendiary Steward Mr J Muirhead against Open Horseman Mr J Cole, the driver of horse number 10, SUN OF ANARCHY, alleging a breach of Rule 869 (2). The Information alleged “Horseman J Cole started from unruly (2) position instead of unruly (1) position with SUN OF ANARCHY”.
Rule 869(2) provides that:
No horseman shall permit a horse to start and no horse shall start other than from its correct barrier position or in advance of its correct barrier position (either at a standing or mobile or moving start) unless directed by the Starter in accordance with Rule 860(8).
Mr Cole endorsed on the Information that he admitted the breach of the rule and that he wished to be present at the hearing.
Mr Muirhead demonstrated the incident to the Judicial Committee (the “Committee”) by way of video footage of the race start. He told the Committee that SON OF ANARCHY should have started from the unruly position on the second row, inside of the other unruly runner, SUNNY LINDY. Instead Mr Cole positioned SON OF ANARCHY on the outer of SUMMY LINDY.
Mr Muirhead advised the Committee that following the race Stewards reviewed the race video footage and noted that most of the horses that finished behind SUN OF ANARCHY broke and galloped for varying distances. He said Stewards were of the view that SUN OF ANARCHY did not gain any advantage by starting the race from its incorrect position and on that basis no relegation or disqualification was sought.
Mr Cole said that he freely acknowledged the breach and said it was due to an error of judgement on his part.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Cole admitted the breach we find the charge proved.
sumissionsforpenalty:
Mr Muirhead referred to the JCA penalty guidelines which recommend a starting point for a breach of this rule at a $400 fine. He submitted that this is an important rule that must be adhered to and suggested an appropriate penalty for this breach would be in the vicinity of $250. He added Mr Cole was an experienced driver, but has only had 13 drives this season and 20 drives last season. He further submitted Mr Cole ought to be given credit for his admission of the breach.
Mr Cole submitted that the Committee should take into account his good record, his admission and note that the breach was simply an error of judgement. He suggested a fine of $150 would be appropriate.
reasonsforpenalty:
The Committee reviewed the submissions of both the Informant and Respondent. We have taken into account the JCA Penalty Guidelines and penalties for similar breaches. Two recent breaches have resulted in a $250 fine and a 4 day suspension.
The Committee has assessed the breach at low range and has given Mr Cole credit for his admission of the breach. We note that Mr Cole has driven 187 winners from 1335 lifetime drives and has had no recent breaches of any rule. We therefore assess his overall driving record as very good.
penalty:
Taking all the above matters into account we impose a fine of $200.
hearing_type: Hearing
Rules: 862(2)
Informant: Mr J Muirhead - Stipendiary Steward
JockeysandTrainer: Mr J Cole - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
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