Manawatu HRC 27 October 2011 – R8
ID: JCA13981
Meet Title:
Manawatu HRC - 27 October 2011
Meet Chair:
TCastles
Meet Committee Member 1:
NMcCutcheon
Race Date:
2011/10/27
Race Number:
R8
Decision:
The charge was found proved.
Penalty:
You are fined the sum of $200.
Charge:
Alledged breach of Rule 862 (2)
Facts:
Driver J.I. Dickie did not admit a breach of rule 862 (2) in that he permitted his horse to start from barrier 2 on the 10 metre mark when he was drawn 1 on the unruly.
Rule 862 (2) reads – ‘no horseman shall permit a horse to start other than from its correct barrier position (either at a standing or mobile start) unless directed by the starter in accordance with rule 860 (8)’.
Submissions for Decision:
Mr. S. Renault using the available films pointed out that Mr. Dickie's horse started from barrier two instead of from the unruly line, the racing information clearly stated that the horse Luckytobehere was down to start from 10m (U1). He pointed out that the driver of any horse should know where he starts from and it is his responsibility to know the starting position. It could be claimed Mr. Renault submitted that Mr. Dickie's horse gained an unfair advantage.
Mr. G. Phillips (starter) was called as a witness. He submitted that at the 3 minute prior to race start he called the drivers in. He called all the unruly horses and had on his notes the 4 unruly horses marked. He certainly did not direct Mr. Dickie to start from where he did. His calls, he believed, were loud and concise.
In answer to a question from Mr. D. Butcher, Mr Phillips reiterated it is the driver’s responsibility to position his drive in the correct starting position.
Mr. Dickie submitted that he didn’t hear Mr. Phillips call the unruly positions a point Mr. Z. Butcher, who drove in the race and was called as a witness, concurred with. However, he did concede that it was his responsibility to know his starting position but did feel there was a little confusion at the start.
Mr. T. Taumanu (Stipendiary Steward) submitted that another driver in the same race, Mr. P. Fleming, had told him that the calling was clear and Mr. Dickie was told he wasn’t in the correct position. This was not denied by Mr. Dickie.
Reasons for Decision:
The films clearly showed that Mr. Dickie started his horse from an incorrect position contrary to rule 862 (2).
Submissions for Penalty:
Mr. Renault submitted that Mr. Dickie has had 827 life time drives (49 this season) and had not breached this rule previously. He has been driving about 4 years. The horse was placed 6th, 35 lengths from the winner and no stake money was involved. He asked for a fine of between $300 - $350.
Mr. Butcher on Mr. Dickie’s behalf, submitted that a fine would be appropriate but asked for it be at the lower end of the scale.
Reasons for Penalty:
Mr. Dickie, in coming to our decision to impose a monetary penalty for this breach, we have taken into account your driving record and the facts that neither the punters nor the owners were affected by loss of stake money. Our penalty guide indicates a base starting monetary penalty for this breach of $400. A quick perusal of the penalty sheets for this breach indicates fines in the vicinity of $200 for a first offence.
We feel that some slight confusion may have occurred in the milling round prior to you being called up and we have given you some slight benefit however, as you yourself submitted it is you, the driver, who is responsible for knowing where starting position is.
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: 870c32bcd1dc629f2ac84d8788165227
informantnumber: A5055
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 1
decisiondate: 26/10/2011
hearing_title: Manawatu HRC 27 October 2011 - R8
charge:
Alledged breach of Rule 862 (2)
facts:
Driver J.I. Dickie did not admit a breach of rule 862 (2) in that he permitted his horse to start from barrier 2 on the 10 metre mark when he was drawn 1 on the unruly.
Rule 862 (2) reads – ‘no horseman shall permit a horse to start other than from its correct barrier position (either at a standing or mobile start) unless directed by the starter in accordance with rule 860 (8)’.
appealdecision:
isappeal:
submissionsfordecision:
Mr. S. Renault using the available films pointed out that Mr. Dickie's horse started from barrier two instead of from the unruly line, the racing information clearly stated that the horse Luckytobehere was down to start from 10m (U1). He pointed out that the driver of any horse should know where he starts from and it is his responsibility to know the starting position. It could be claimed Mr. Renault submitted that Mr. Dickie's horse gained an unfair advantage.
Mr. G. Phillips (starter) was called as a witness. He submitted that at the 3 minute prior to race start he called the drivers in. He called all the unruly horses and had on his notes the 4 unruly horses marked. He certainly did not direct Mr. Dickie to start from where he did. His calls, he believed, were loud and concise.
In answer to a question from Mr. D. Butcher, Mr Phillips reiterated it is the driver’s responsibility to position his drive in the correct starting position.
Mr. Dickie submitted that he didn’t hear Mr. Phillips call the unruly positions a point Mr. Z. Butcher, who drove in the race and was called as a witness, concurred with. However, he did concede that it was his responsibility to know his starting position but did feel there was a little confusion at the start.
Mr. T. Taumanu (Stipendiary Steward) submitted that another driver in the same race, Mr. P. Fleming, had told him that the calling was clear and Mr. Dickie was told he wasn’t in the correct position. This was not denied by Mr. Dickie.
reasonsfordecision:
The films clearly showed that Mr. Dickie started his horse from an incorrect position contrary to rule 862 (2).
Decision:
The charge was found proved.
sumissionsforpenalty:
Mr. Renault submitted that Mr. Dickie has had 827 life time drives (49 this season) and had not breached this rule previously. He has been driving about 4 years. The horse was placed 6th, 35 lengths from the winner and no stake money was involved. He asked for a fine of between $300 - $350.
Mr. Butcher on Mr. Dickie’s behalf, submitted that a fine would be appropriate but asked for it be at the lower end of the scale.
reasonsforpenalty:
Mr. Dickie, in coming to our decision to impose a monetary penalty for this breach, we have taken into account your driving record and the facts that neither the punters nor the owners were affected by loss of stake money. Our penalty guide indicates a base starting monetary penalty for this breach of $400. A quick perusal of the penalty sheets for this breach indicates fines in the vicinity of $200 for a first offence.
We feel that some slight confusion may have occurred in the milling round prior to you being called up and we have given you some slight benefit however, as you yourself submitted it is you, the driver, who is responsible for knowing where starting position is.
penalty:
You are fined the sum of $200.
hearing_type: Hearing
Rules: 862 (2)
Informant: S P Renault
JockeysandTrainer: J Dickie
Otherperson: D Butcher, Mr G Phillips - Starter, Mr T Taumanu - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 8003f8d1c5fafbe2064a1ec1bc4e8dca
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 2ba19690be0434ee3458eb6f6562e90e
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 27/10/2011
meet_title: Manawatu HRC - 27 October 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: manawatu-hrc
meet_racingtype: harness-racing
meet_chair: TCastles
meet_pm1: NMcCutcheon
meet_pm2: none
name: Manawatu HRC