Nelson HRC 12 January 2018 – R 4 – Chair, Mr P Williams
ID: JCA13417
Meet Title:
Nelson HRC - 12 January 2018
Meet Chair:
PWilliams
Meet Committee Member 1:
TUtikere
Race Date:
2018/01/12
Race Number:
R 4
Decision:
As Mr Pash has admitted the breach of the Rule it is found to be proved.
Penalty:
Mr Pash is fined $100.
Facts:
Following the running of Race 4, the "Crombie Lockwood Mobile Pace" Information A10213 was filed alleging a breach of Rule 864(2)(d) by Mr M Pash. The Information stated “M Pash (Arcano) failed to affix the near side front carrier so as not to come adrift".
Mr Pash signed the Information admitting the breach and at the beginning of the hearing confirmed that was correct and that he understood the Rule under which he was charged.
Rule 864(2)(d) states:- "Every horseman, owner, trainer and assistant thereof of a horse shall with regard to that horse ensure that...all gear is correctly applied and/or affixed so as not to malfunction or come adrift".
At the start of the hearing Mr Wallis was asked to explain why Mr Pash was not being charged under the Minor Infringement process and had been served with an Information. He explained that Minor Infringement Notices were served when the impact of the gear failure had no impact on the horse. In today's case he said the driver of "Arcano", on noticing the broken gear just prior to when the mobile got to the starting point, decided for safety reasons to pull the horse up. He said this allowed the Stewards to consider whether the horse should be late scratched in terms of Rule 213(1)(j) and they had decided the horse had been denied a fair start and was subsequently late scratched. He added these two factors warranted an uplift in penalty from the normal fine of $100 which was why an Information had been served on Mr Pash.
Mr Wallis used the side-on view of the start to highlight the moment the gear came adrift with the film confirming that it happened just before the horses reached the start point and Mr Williams immediately pulling "Arcano" up. To a question from the Committee Mr Wallis said the gear had been inspected and was found to be in very good condition.
Mr Pash said it was not clear from the film when the gear actually came adrift and therefore why the horse was declared a late scratching - that being the justification in the Stewards view for seeking an uplift in the penalty. Mr Wallis said he had spoken to Mr Williams and the Starter - Mr Lamb - and both had confirmed that the gear came adrift and the horse was pulled up before starting point. The Committee asked Mr Pash if he wished to have Mr Williams and Mr Lamb give evidence and describe what happened but he said that wasn't necessary.
Submissions for Penalty:
Mr Wallis reiterated what he had said earlier that, because Mr Williams had pulled the horse up just prior to the start and the Stewards had scratched the horse in terms of Rule 213(1)(j), a greater penalty than the $100 normally imposed for a first time breach of the Rule should be imposed. He submitted the Stewards believed the penalty should be a fine of $200.
Mr Pash said he thought a fine of $100 was adequate. He said in all his 50 years of involvement in harness racing he had never previously been charged under this Rule.
Reasons for Penalty:
The Committee has considered the film of the start and the submissions of Mr Wallis and Mr Pash. The Committee is comfortable that the gear on "Arcano" came adrift just prior to the mobile reaching the start point and that the horse was then pulled out of the Race before the start being activated. The Committee accepts this then allowed the Stipendiary Stewards to consider whether the horse should be late scratched which is what they decided should happen. For this reason we note that any persons investing on "Arcano" were not disadvantaged and received a refund of their bets.
The Committee notes it was confirmed by Mr Wallis that the gear was in good condition and Mr Pash said it was only 3 months old. We note that Mr Williams decided for safety reasons to immediately pull the horse up when he realised the gear had come adrift which meant no other horses were impacted by the incident. Finally, we note the excellent record of Mr Pash in relation to the Rule and his admittance of the breach.
For all of the above reasons we do not believe on this occasion an uplift in penalty should be given from that that would normally be given to a trainer when a horse has gear come adrift during a race but still continues on in the race. The Committee has therefore decided that the penalty should be as specified under the Minor Infringement process for a first time breach of this Rule.
JCA Decision Fields (raw)
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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: 343e0e85fc50121298a7e60911d1860f
informantnumber: A10213
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Gear incorrectly applied
plea: admitted
penaltyrequired: 1
decisiondate: 15/01/2018
hearing_title: Nelson HRC 12 January 2018 - R 4 - Chair, Mr P Williams
charge:
facts:
Following the running of Race 4, the "Crombie Lockwood Mobile Pace" Information A10213 was filed alleging a breach of Rule 864(2)(d) by Mr M Pash. The Information stated “M Pash (Arcano) failed to affix the near side front carrier so as not to come adrift".
Mr Pash signed the Information admitting the breach and at the beginning of the hearing confirmed that was correct and that he understood the Rule under which he was charged.
Rule 864(2)(d) states:- "Every horseman, owner, trainer and assistant thereof of a horse shall with regard to that horse ensure that...all gear is correctly applied and/or affixed so as not to malfunction or come adrift".
At the start of the hearing Mr Wallis was asked to explain why Mr Pash was not being charged under the Minor Infringement process and had been served with an Information. He explained that Minor Infringement Notices were served when the impact of the gear failure had no impact on the horse. In today's case he said the driver of "Arcano", on noticing the broken gear just prior to when the mobile got to the starting point, decided for safety reasons to pull the horse up. He said this allowed the Stewards to consider whether the horse should be late scratched in terms of Rule 213(1)(j) and they had decided the horse had been denied a fair start and was subsequently late scratched. He added these two factors warranted an uplift in penalty from the normal fine of $100 which was why an Information had been served on Mr Pash.
Mr Wallis used the side-on view of the start to highlight the moment the gear came adrift with the film confirming that it happened just before the horses reached the start point and Mr Williams immediately pulling "Arcano" up. To a question from the Committee Mr Wallis said the gear had been inspected and was found to be in very good condition.
Mr Pash said it was not clear from the film when the gear actually came adrift and therefore why the horse was declared a late scratching - that being the justification in the Stewards view for seeking an uplift in the penalty. Mr Wallis said he had spoken to Mr Williams and the Starter - Mr Lamb - and both had confirmed that the gear came adrift and the horse was pulled up before starting point. The Committee asked Mr Pash if he wished to have Mr Williams and Mr Lamb give evidence and describe what happened but he said that wasn't necessary.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Pash has admitted the breach of the Rule it is found to be proved.
sumissionsforpenalty:
Mr Wallis reiterated what he had said earlier that, because Mr Williams had pulled the horse up just prior to the start and the Stewards had scratched the horse in terms of Rule 213(1)(j), a greater penalty than the $100 normally imposed for a first time breach of the Rule should be imposed. He submitted the Stewards believed the penalty should be a fine of $200.
Mr Pash said he thought a fine of $100 was adequate. He said in all his 50 years of involvement in harness racing he had never previously been charged under this Rule.
reasonsforpenalty:
The Committee has considered the film of the start and the submissions of Mr Wallis and Mr Pash. The Committee is comfortable that the gear on "Arcano" came adrift just prior to the mobile reaching the start point and that the horse was then pulled out of the Race before the start being activated. The Committee accepts this then allowed the Stipendiary Stewards to consider whether the horse should be late scratched which is what they decided should happen. For this reason we note that any persons investing on "Arcano" were not disadvantaged and received a refund of their bets.
The Committee notes it was confirmed by Mr Wallis that the gear was in good condition and Mr Pash said it was only 3 months old. We note that Mr Williams decided for safety reasons to immediately pull the horse up when he realised the gear had come adrift which meant no other horses were impacted by the incident. Finally, we note the excellent record of Mr Pash in relation to the Rule and his admittance of the breach.
For all of the above reasons we do not believe on this occasion an uplift in penalty should be given from that that would normally be given to a trainer when a horse has gear come adrift during a race but still continues on in the race. The Committee has therefore decided that the penalty should be as specified under the Minor Infringement process for a first time breach of this Rule.
penalty:
Mr Pash is fined $100.
hearing_type: Hearing
Rules: 864(2)(d)
Informant: Mr S Wallis - Stipendiary Steward
JockeysandTrainer: Mr M Pash - Licensed Trainer
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: a5f08aace174e4ac8c4089e9f40e87fe
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: c065febf048dd615ee2f700c54814715
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 12/01/2018
meet_title: Nelson HRC - 12 January 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nelson-hrc
meet_racingtype: harness-racing
meet_chair: PWilliams
meet_pm1: TUtikere
meet_pm2: none
name: Nelson HRC