NZ Metro TC 18 July 2014 – R 4
ID: JCA14663
Meet Title:
NZ Metro TC - 18 July 2014
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2014/07/18
Race Number:
R4
Decision:
The charge was found proved.
Penalty:
Accordingly Miss Ottley was fined the sum of $150.
Facts:
Following the running of Race 4, the Seelite Windows & Doors Handicap Trot, an information was filed by Stipendiary Steward Mr N Ydgren against Junior Horsewoman, Miss S Ottley, alleging a breach of Rule 869(5) in that she failed to trail the sulky seat of BARRY and instead placed her drive KOWHAI WHIZZ on the wheel of this runner for approximately 100m.
Miss Ottley had indicated on the Information that this breach of the Rules was not admitted and she confirmed this at the hearing. She also acknowledged that she understood the Rule she was being charged with. Miss Ottley was assisted at the hearing by Open Horseman, Mr D Dunn.
Rule 869(5) reads:
(5) A horseman shall trail with his horse's head behind the seat of the sulky being trailed.
Submissions for Decision:
Mr Ydgren gave evidence and used video coverage, with the assistance of Stipendiary Steward, Mr S Wallis, to show that near the 1500m, Miss Ottley, driving KOWHAI WHIZZ, was three back on the running line trailing BARRY, driven by Mr M Edmonds. Mr Wallis pointed out Miss Ottley, who positioned her horse, instead of trailing on the seat of Mr Edmonds' sulky, on the wheel of his sulky. This, he submitted, continued on for approximately 70m before Miss Ottley moved back in briefly before shifting back out again onto the wheel of Mr Edmonds. Miss Ottley, continued on in this position for another 50m approximately, before finally deciding to move outwards into a one off position. Mr Ydgren pointed out on the films that the two trailing runners, who were both trying to improve, could not, as they were unsure as to what position Miss Ottley was going to assume. Mr Ydgen submitted that Miss Ottley had not trailed Mr Edmonds' sulky seat as required by the rules for a total period of approximately 120m.
Mr Dunn stated in defence, that it would be unfair on Miss Ottley to say that she was ½ carting and on the wheel of Mr Edmonds' sulky on the bend, as there wasn’t a camera angle to prove she was in that position. He said the side on camera view does not give a definite idea of where the horse's head and sulky wheel is in relation to Mr Edmonds' sulky and in addition there are different widths of carts. Mr Dunn submitted that it was unfair to count the distance of the alleged ½ carting around the bend as there was no camera angle to prove that.
Mr Dunn stated that in the straight Miss Ottley was only following the horse in the trail of the leader whose cart showed to be a ¼ cart out. He stated that all the horses were off line in the straight. Miss Ottley, he said, was only out because the horse she was trailing was out as well. In response Mr Ydgren stated that the films showed the head of the horse trailing the leader was in the correct position on the seat of the leader as required whereas Miss Ottley’s was on the wheel of the horse she was trailing. Mr Dunn also submitted that Miss Ottley was on her way out to a two wide position in the straight and was not ½ carting for a full 50m as alleged.
Reasons for Decision:
The Committee carefully considered the evidence presented and the video coverage of the incident. We were satisfied that with about 1500m to run, Miss Ottley driving KOWHAI WHIZZ was trailing BARRY, and for approximately 70m trailed with her horse's head not in the required position behind the sulky seat of the horse being trailed. It was clear on the films that the head of KOWHAI WHIZZ was nearer the wheel of BARRY than in the correct position as required by the rules, on the seat of the sulky. This was reinforced by the fact that the trailing runners behind Miss Ottley were both held up for a period of approximately 70m when she was not in the correct trailing position. The Committee believed the films were clear and conclusive that Miss Ottley was not in the correct trailing position during this period of the race for approximately 70m. The Committtee were also satisfied that Miss Ottley was not trailing in the correct position for approximately 50m in the straight and was on the sulky wheel of BARRY for this period as alleged. The Committee determined the films compelling with this part of the alleged breach.
We determined this to be a clear breach of the rule and accordingly found the charge proved.
Submissions for Penalty:
Mr Ydgren stated that the JCA penalty Guide gave a starting point of 4 drives or a fine of $200 for breach of this rule. He also stated that Miss Ottley had a clear record in relation to this Rule and that the breach was in the low to mid-range. Mr Ydgen said that a recent similar breach resulted in a fine of $150 being imposed and he submitted that a fine of $150 be considered in this case.
Miss Ottley submitted that a fine of more than $150 would be excessive.
Reasons for Penalty:
In determining penalty, the Committee gave consideration to all factors including the level of the breach which we considered to be in the low to mid-range. We also took into account Miss Ottley's clear record and the recent similar case which resulted in a fine of $150. In taking the JCA Penalty Guide starting point of $200 we were able to give Miss Ottley a discount of $50 for her good record and determined that a fine of $150 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: a173c6d4c93c522d154288a8f554972f
informantnumber: A6158
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of Rule 869(5)-Half carting
plea: denied
penaltyrequired: 1
decisiondate: 03/07/2014
hearing_title: NZ Metro TC 18 July 2014 - R 4
charge:
facts:
Following the running of Race 4, the Seelite Windows & Doors Handicap Trot, an information was filed by Stipendiary Steward Mr N Ydgren against Junior Horsewoman, Miss S Ottley, alleging a breach of Rule 869(5) in that she failed to trail the sulky seat of BARRY and instead placed her drive KOWHAI WHIZZ on the wheel of this runner for approximately 100m.
Miss Ottley had indicated on the Information that this breach of the Rules was not admitted and she confirmed this at the hearing. She also acknowledged that she understood the Rule she was being charged with. Miss Ottley was assisted at the hearing by Open Horseman, Mr D Dunn.
Rule 869(5) reads:
(5) A horseman shall trail with his horse's head behind the seat of the sulky being trailed.
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren gave evidence and used video coverage, with the assistance of Stipendiary Steward, Mr S Wallis, to show that near the 1500m, Miss Ottley, driving KOWHAI WHIZZ, was three back on the running line trailing BARRY, driven by Mr M Edmonds. Mr Wallis pointed out Miss Ottley, who positioned her horse, instead of trailing on the seat of Mr Edmonds' sulky, on the wheel of his sulky. This, he submitted, continued on for approximately 70m before Miss Ottley moved back in briefly before shifting back out again onto the wheel of Mr Edmonds. Miss Ottley, continued on in this position for another 50m approximately, before finally deciding to move outwards into a one off position. Mr Ydgren pointed out on the films that the two trailing runners, who were both trying to improve, could not, as they were unsure as to what position Miss Ottley was going to assume. Mr Ydgen submitted that Miss Ottley had not trailed Mr Edmonds' sulky seat as required by the rules for a total period of approximately 120m.
Mr Dunn stated in defence, that it would be unfair on Miss Ottley to say that she was ½ carting and on the wheel of Mr Edmonds' sulky on the bend, as there wasn’t a camera angle to prove she was in that position. He said the side on camera view does not give a definite idea of where the horse's head and sulky wheel is in relation to Mr Edmonds' sulky and in addition there are different widths of carts. Mr Dunn submitted that it was unfair to count the distance of the alleged ½ carting around the bend as there was no camera angle to prove that.
Mr Dunn stated that in the straight Miss Ottley was only following the horse in the trail of the leader whose cart showed to be a ¼ cart out. He stated that all the horses were off line in the straight. Miss Ottley, he said, was only out because the horse she was trailing was out as well. In response Mr Ydgren stated that the films showed the head of the horse trailing the leader was in the correct position on the seat of the leader as required whereas Miss Ottley’s was on the wheel of the horse she was trailing. Mr Dunn also submitted that Miss Ottley was on her way out to a two wide position in the straight and was not ½ carting for a full 50m as alleged.
reasonsfordecision:
The Committee carefully considered the evidence presented and the video coverage of the incident. We were satisfied that with about 1500m to run, Miss Ottley driving KOWHAI WHIZZ was trailing BARRY, and for approximately 70m trailed with her horse's head not in the required position behind the sulky seat of the horse being trailed. It was clear on the films that the head of KOWHAI WHIZZ was nearer the wheel of BARRY than in the correct position as required by the rules, on the seat of the sulky. This was reinforced by the fact that the trailing runners behind Miss Ottley were both held up for a period of approximately 70m when she was not in the correct trailing position. The Committee believed the films were clear and conclusive that Miss Ottley was not in the correct trailing position during this period of the race for approximately 70m. The Committtee were also satisfied that Miss Ottley was not trailing in the correct position for approximately 50m in the straight and was on the sulky wheel of BARRY for this period as alleged. The Committee determined the films compelling with this part of the alleged breach.
We determined this to be a clear breach of the rule and accordingly found the charge proved.
Decision:
The charge was found proved.
sumissionsforpenalty:
Mr Ydgren stated that the JCA penalty Guide gave a starting point of 4 drives or a fine of $200 for breach of this rule. He also stated that Miss Ottley had a clear record in relation to this Rule and that the breach was in the low to mid-range. Mr Ydgen said that a recent similar breach resulted in a fine of $150 being imposed and he submitted that a fine of $150 be considered in this case.
Miss Ottley submitted that a fine of more than $150 would be excessive.
reasonsforpenalty:
In determining penalty, the Committee gave consideration to all factors including the level of the breach which we considered to be in the low to mid-range. We also took into account Miss Ottley's clear record and the recent similar case which resulted in a fine of $150. In taking the JCA Penalty Guide starting point of $200 we were able to give Miss Ottley a discount of $50 for her good record and determined that a fine of $150 an appropriate penalty in this case.
penalty:
Accordingly Miss Ottley was fined the sum of $150.
hearing_type: Hearing
Rules: Rule 869(5)
Informant: N Ydgren- Stipendiary Steward
JockeysandTrainer: S Ottley-Junior Horsewoman
Otherperson: D Dunn-Open Horseman
PersonPresent:
Respondent:
StipendSteward:
raceid: 38053ab1fd17586f2863082bc264e77e
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 0737478758a4d6a25a5d7a88af4c52a8
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 18/07/2014
meet_title: NZ Metro TC - 18 July 2014
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