Archive Decision

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Wairio TC 18 October 2015 – R 7 – Chair, Mr ND Skelt

ID: JCA13683

Applicant:
Mr N Ydgren - Stipendiary Steward

Respondent(s):
Mr B Wallace - Driver of RUBY'S JEWEL

Information Number:
A6728

Hearing Type:
Hearing

New Charge:
862 (2)

Rules:
starting from the incorrect barrier position.

Plea:
admitted

Meet Title:
Wairio TC - 18 October 2015

Meet Chair:
NSkelt

Meet Committee Member 1:
PKnowles

Race Date:
2015/10/18

Race Number:
R7

Decision:

As Mr Wallace had admitted this breach of the rules it was found to be proved in accordance with Rule 111(1) (d). 

Penalty:

Accordingly Mr Wallace was fined the sum of $200. 

Facts:

Following the running of race 7 The Drake Plumbing and Drain laying Mobile Trot an information was filed by Stipendiary Steward Mr N Ydgren against Driver Mr B Wallace alleging a breach of rule 862 (2) in that when driving RUBYS JEWEL he started from the incorrect barrier position.

Rule 862(2) reads as follows:

(2) 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 start), unless directed by the starter in accordance with Rule 860(8).

Mr Wallace had endorsed the information that this breach of the rules was admitted. Mr Wallace had also advised the Stewards that he did not wish to be present at the hearing.

Mr Ydgren gave evidence and showed video replays to show that Mr Wallace driving RUBYS JEWEL was drawn two on the second line on in the mobile start event. He pointed out RUBYS JEWEL, just prior to the start and as the start was declared, in the three draw on the second line, not in its correct barrier position of two on the second line. He said RUBYS JEWEL was clearly not in its correct barrier when the start was made.

Submissions for Penalty:

Mr Ydgren stated that Mr Wallace had admitted the breach at the first opportunity and had a very good penalty record. He said that Mr Wallace had not been before the Stewards for a breach of the rule over the past year. Mr Wallace had 8 race day drives last season and this was his first race day drive this season. He stated that the JCA penalty guide recommended a starting point of 8 drives or a $400 fine for a breach of this rule. He rated the breach as at the lower end of the scale.

Mr Ydgren submitted that a fine of $200 be considered as a penalty in this case.

Reasons for Penalty:

In determining penalty the Committee took into consideration Mr Wallace’s frank admission of the breach, his very good record and the low level of the breach. In taking the JCA penalty guide starting point of $400 we were able to give Mr Wallace a discount of $100 for his ready admission of the breach. We were also able to give Mr Wallace a further discount of $100 for his very good record and the low level of the breach. We therefore determined that a fine of $200 was an appropriate penalty in this case. 

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: 57e66374a68470a899990cc503ff9c47


informantnumber: A6728


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: 862 (2)


plea: admitted


penaltyrequired: 1


decisiondate: 21/10/2015


hearing_title: Wairio TC 18 October 2015 - R 7 - Chair, Mr ND Skelt


charge:


facts:

Following the running of race 7 The Drake Plumbing and Drain laying Mobile Trot an information was filed by Stipendiary Steward Mr N Ydgren against Driver Mr B Wallace alleging a breach of rule 862 (2) in that when driving RUBYS JEWEL he started from the incorrect barrier position.

Rule 862(2) reads as follows:

(2) 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 start), unless directed by the starter in accordance with Rule 860(8).

Mr Wallace had endorsed the information that this breach of the rules was admitted. Mr Wallace had also advised the Stewards that he did not wish to be present at the hearing.

Mr Ydgren gave evidence and showed video replays to show that Mr Wallace driving RUBYS JEWEL was drawn two on the second line on in the mobile start event. He pointed out RUBYS JEWEL, just prior to the start and as the start was declared, in the three draw on the second line, not in its correct barrier position of two on the second line. He said RUBYS JEWEL was clearly not in its correct barrier when the start was made.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Wallace had admitted this breach of the rules it was found to be proved in accordance with Rule 111(1) (d). 


sumissionsforpenalty:

Mr Ydgren stated that Mr Wallace had admitted the breach at the first opportunity and had a very good penalty record. He said that Mr Wallace had not been before the Stewards for a breach of the rule over the past year. Mr Wallace had 8 race day drives last season and this was his first race day drive this season. He stated that the JCA penalty guide recommended a starting point of 8 drives or a $400 fine for a breach of this rule. He rated the breach as at the lower end of the scale.

Mr Ydgren submitted that a fine of $200 be considered as a penalty in this case.


reasonsforpenalty:

In determining penalty the Committee took into consideration Mr Wallace’s frank admission of the breach, his very good record and the low level of the breach. In taking the JCA penalty guide starting point of $400 we were able to give Mr Wallace a discount of $100 for his ready admission of the breach. We were also able to give Mr Wallace a further discount of $100 for his very good record and the low level of the breach. We therefore determined that a fine of $200 was an appropriate penalty in this case. 


penalty:

Accordingly Mr Wallace was fined the sum of $200. 


hearing_type: Hearing


Rules: starting from the incorrect barrier position.


Informant: Mr N Ydgren - Stipendiary Steward


JockeysandTrainer: Mr B Wallace - Driver of RUBY'S JEWEL


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 0608b6869bf14658d64754e8159d6985


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R7


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: d780bd97a214997dc6fa5a1c4fdca350


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 18/10/2015


meet_title: Wairio TC - 18 October 2015


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: wairio-tc


meet_racingtype: harness-racing


meet_chair: NSkelt


meet_pm1: PKnowles


meet_pm2: none


name: Wairio TC