Otago RC 25 May 2018 – R 8 – Chair, Prof G Hall
ID: JCA14009
Code:
Thoroughbred
Meet Title:
Otago RC - 25 May 2018
Meet Chair:
GHall
Meet Committee Member 1:
PKnowles
Race Date:
2018/05/25
Race Number:
R 8
Decision:
Mr McAra has admitted the breach, which we find proved.
Penalty:
Mr McAra is fined the sum of $200.
Facts:
Mr Davidson alleged that Mr McAra declared a false start in race 8, the NZB INSURANCE PEARL SERIES RACE F&M MAIDEN 1400m, when he should not have.
Mr Davidson stated that the respondent had incorrectly called a false start by accidentally pushing the false start button. He explained that this was the first time the new system with respect to false starts had been used. The starter was on his ladder with a button in each hand: one to release the gates and the other to sound the siren declaring a false start. Mr McAra had hit the siren button rather than the start button.
Mr Davidson stated one horse had had to be late scratched as a result of the respondent’s actions. Another horse was a late scratching but this was due to the horse losing its rider, which was not a consequence of the false start. He said he had some sympathy for the position the starter had found himself in.
Mr McAra explained he had a button in each hand and he had pushed the wrong button. In fact, he had declared a false start a split second before he had opened the gates. He had immediately changed the system that he would follow. His assistant would now hold the button for the siren and the respondent would yell false start and have him push the false start button in future. He believed this would reduce the possibility of a false start being called incorrectly.
Submissions for Penalty:
Mr Davidson said the respondent had a clear record and the Stipendiary Stewards had never had a previous issue with his conduct. He said the field had been inconvenienced and one horse had been a late scratching. He believed a fine in the range of $200 to $300 was appropriate.
Mr McAra said it was a bad situation he was placed in. It was the first day he had operated under the new system. He asked us to take into account the fact that his fee for the day was not high and that he had not previously been in breach of the Rules.
Reasons for Penalty:
This was the first day Mr McAra was operating under a new system. The holding of two buttons, one in each hand, is fraught with the likelihood of what happened on this occasion occurring. The modification to the procedure that the respondent has adopted as a consequence of the breach seems to us to be a sensible course of action. Certainly, the possibility of this re-occurring needs to be lessened and we would hope eliminated.
The late scratching was only partly due to the respondent’s actions. A horse had dropped its rider and had continued on, and the horse that was late scratched had been stirred up by this horse (which was a further late scratching) and had proved difficult to restrain. All other runners were taken back behind the gates and competed in the rerun of the race.
There is no precedent to guide us. Mr Davidson’s submission as to penalty is realistic we believe in the circumstances of this case. When we have regard to the unusual circumstances of the breach and the respondent’s clear record, we believe a penalty at the bottom of this range is appropriate.
JCA Decision Fields (raw)
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hearingid: 8b88d47c7e8d7e89f0a3ecd6fa842d94
informantnumber: 9748
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Incorrectly calling a false start
plea: admitted
penaltyrequired: 1
decisiondate: 29/05/2018
hearing_title: Otago RC 25 May 2018 - R 8 - Chair, Prof G Hall
charge:
facts:
Mr Davidson alleged that Mr McAra declared a false start in race 8, the NZB INSURANCE PEARL SERIES RACE F&M MAIDEN 1400m, when he should not have.
Mr Davidson stated that the respondent had incorrectly called a false start by accidentally pushing the false start button. He explained that this was the first time the new system with respect to false starts had been used. The starter was on his ladder with a button in each hand: one to release the gates and the other to sound the siren declaring a false start. Mr McAra had hit the siren button rather than the start button.
Mr Davidson stated one horse had had to be late scratched as a result of the respondent’s actions. Another horse was a late scratching but this was due to the horse losing its rider, which was not a consequence of the false start. He said he had some sympathy for the position the starter had found himself in.
Mr McAra explained he had a button in each hand and he had pushed the wrong button. In fact, he had declared a false start a split second before he had opened the gates. He had immediately changed the system that he would follow. His assistant would now hold the button for the siren and the respondent would yell false start and have him push the false start button in future. He believed this would reduce the possibility of a false start being called incorrectly.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr McAra has admitted the breach, which we find proved.
sumissionsforpenalty:
Mr Davidson said the respondent had a clear record and the Stipendiary Stewards had never had a previous issue with his conduct. He said the field had been inconvenienced and one horse had been a late scratching. He believed a fine in the range of $200 to $300 was appropriate.
Mr McAra said it was a bad situation he was placed in. It was the first day he had operated under the new system. He asked us to take into account the fact that his fee for the day was not high and that he had not previously been in breach of the Rules.
reasonsforpenalty:
This was the first day Mr McAra was operating under a new system. The holding of two buttons, one in each hand, is fraught with the likelihood of what happened on this occasion occurring. The modification to the procedure that the respondent has adopted as a consequence of the breach seems to us to be a sensible course of action. Certainly, the possibility of this re-occurring needs to be lessened and we would hope eliminated.
The late scratching was only partly due to the respondent’s actions. A horse had dropped its rider and had continued on, and the horse that was late scratched had been stirred up by this horse (which was a further late scratching) and had proved difficult to restrain. All other runners were taken back behind the gates and competed in the rerun of the race.
There is no precedent to guide us. Mr Davidson’s submission as to penalty is realistic we believe in the circumstances of this case. When we have regard to the unusual circumstances of the breach and the respondent’s clear record, we believe a penalty at the bottom of this range is appropriate.
penalty:
Mr McAra is fined the sum of $200.
hearing_type: Hearing
Rules: 631(5); 802(1)
Informant: Mr M Davidson - Stipendiary Steward
JockeysandTrainer: Mr R McAra - Starter
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: d2e7a29f1c3b87c8c92a1769c792551e
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: dac78b5a0972d138c41568f4dac1105a
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 25/05/2018
meet_title: Otago RC - 25 May 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: otago-rc
meet_racingtype: thoroughbred-racing
meet_chair: GHall
meet_pm1: PKnowles
meet_pm2: none
name: Otago RC