NZ Metro TC 24 July 2015 – R 8 – Chair, Mr S Ching
ID: JCA14149
Meet Title:
NZ Metro TC - 24 July 2015
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2015/07/24
Race Number:
R8
Decision:
As Mr Hunter had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
Accordingly Mr Hunter was fined the sum of $200.
Facts:
Following the running of Race 8, the Christian Cullen Mobile Pace, an Information was filed by Stipendiary Steward, Mr N Ydgren against Open Horseman, Mr J H Hunter, alleging a breach of Rule 862(2) in that when driving LUCKY THREE, 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 Hunter had endorsed the Information that this breach of the Rules was admitted. Mr Hunter 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 Hunter driving LUCKY THREE, was drawn one on the second line on in the mobile start event. He pointed out LUCKY THREE, just prior to the start and as the start was declared, in the two draw on the second line, not in its correct barrier position of one on the second line. He said LUCKY THREE was clearly not in its correct barrier and was directly behind the two horse, FEARCE FALCON, when the start was made.
Submissions for Penalty:
Mr Ydgren stated that Mr Hunter had admitted the breach at the first opportunity and had an excellent penalty record. He said that Mr Hunter had not been before the Stewards for a breach of the rules since March 2012. 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. He also submitted a recent case, where a horseman with a clear record, admitted a low level breach of this rule, to which a $200 fine was imposed.
Mr Ydgren submitted that a fine of $200 be considered as penalty in this case.
Reasons for Penalty:
In determining penalty the Committee took into consideration Mr Hunter’s frank admission of the breach, his excellent record and the low level of the breach. In taking the JCA Penalty Guide starting point of $400 we were able to give Mr Hunter a discount of $100 for his ready admission of the breach. We were also able to give Mr Hunter a further discount of $100 for his excellent 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)
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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: 9f1fff87a3eedbcb50feaf7f0a5dcd64
informantnumber: A1492
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of Rule 862(2)-Starting from the incorrect barrier position
plea: admitted
penaltyrequired: 1
decisiondate: 29/07/2015
hearing_title: NZ Metro TC 24 July 2015 - R 8 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 8, the Christian Cullen Mobile Pace, an Information was filed by Stipendiary Steward, Mr N Ydgren against Open Horseman, Mr J H Hunter, alleging a breach of Rule 862(2) in that when driving LUCKY THREE, 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 Hunter had endorsed the Information that this breach of the Rules was admitted. Mr Hunter 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 Hunter driving LUCKY THREE, was drawn one on the second line on in the mobile start event. He pointed out LUCKY THREE, just prior to the start and as the start was declared, in the two draw on the second line, not in its correct barrier position of one on the second line. He said LUCKY THREE was clearly not in its correct barrier and was directly behind the two horse, FEARCE FALCON, when the start was made.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Hunter had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
sumissionsforpenalty:
Mr Ydgren stated that Mr Hunter had admitted the breach at the first opportunity and had an excellent penalty record. He said that Mr Hunter had not been before the Stewards for a breach of the rules since March 2012. 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. He also submitted a recent case, where a horseman with a clear record, admitted a low level breach of this rule, to which a $200 fine was imposed.
Mr Ydgren submitted that a fine of $200 be considered as penalty in this case.
reasonsforpenalty:
In determining penalty the Committee took into consideration Mr Hunter’s frank admission of the breach, his excellent record and the low level of the breach. In taking the JCA Penalty Guide starting point of $400 we were able to give Mr Hunter a discount of $100 for his ready admission of the breach. We were also able to give Mr Hunter a further discount of $100 for his excellent 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 Hunter was fined the sum of $200.
hearing_type: Hearing
Rules: 862(2)
Informant: N Ydgren-Stipendiary Steward
JockeysandTrainer: J Hunter-Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 9a98d138b2e86a5b0770c6db89627c34
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: a75f42ef89ce684bac3da99b2ac87c95
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 24/07/2015
meet_title: NZ Metro TC - 24 July 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: NZ Metro TC