HR Waikato 30 January 2015 – R 1
ID: JCA14903
Meet Title:
Harness Racing Waikato - 30 January 2015
Meet Chair:
AGodsalve
Meet Committee Member 1:
ADooley
Race Date:
2015/01/30
Race Number:
R1
Decision:
As the breach was admitted we find the charge proved.
Penalty:
We therefore impose a fine of $150 on Mr Nigro.
Facts:
Following the running of Race 1, the FAIRVIEW MOTORS CAMBRIDGE AMATEUR DRIVERS MOBILE PACE, an Information was laid by Mr Mulcay alleging that Amateur Driver Mr J Nigro 'failed to come up into position with KATE CATERINA behind the mobile gate at the start'.
Mr Nigro was present at the hearing and indicated that he wished to admit the breach.
Rule 857(7)(g) states ' No horseman shall fail to come up into and/or maintain his position'
Mr Mulcay demonstrated on the video films that Mr Nigro, driving KATE CATERINA had been clearly back from the field at the time the starter dispatched them from the mobile. Mr Mulcay said that it was apparent that Mr Nigro had been slow to turn his horse to follow the mobile to the start and had been about 3 lengths behind the other horses which were in their normal starting positions during the score-up to the start.
Mr Nigro told the Committee that there were some mitigating circumstances surrounding this matter. He said that the horse had arrived on course without its usual gear and that it was necessary to use another trainer's gear on her which unsettled the horse. Mr Nigro added that KATE CATERINA'S trainer had not accompanied the horse to the track. He said the horse was an unruly type and he had found that the best way to deal with her at the start was to keep her back from other horses and let her gradually increase speed. In doing so he had gone around a further circle prior to the mobile moving off which had resulted in him being too far back at the start.
Submissions for Penalty:
Mr Mulcay submitted that Mr Nigro had a clear record of breaches of this Rule. He said it was to his credit that he admitted the breach. He added that the JCA Penalty Guide provided a starting point of a 5 drive suspension or a $250 fine. Mr Mulcay submitted that the Stewards felt a fine of $200 would be appropriate.
Mr Nigro told the Committee that he felt $200 was too high.
Reasons for Penalty:
The Committee took into account Mr Nigro's admission of the breach and his clear record to date. It was clear Mr Nigro did not gain any advantage due to his actions at the start. We assessed the distance Mr Nigro was behind the other horses to be in the vicinity of 1 1/2 lengths, and looking at other penalties imposed recently for similar breaches we felt a fine of $150 to be appropriate.
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: 89ff4bcf8f1c552eee0670853a90737a
informantnumber: A3664
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Failing to come up into position behind barrier
plea: admitted
penaltyrequired: 1
decisiondate: 01/02/2015
hearing_title: HR Waikato 30 January 2015 - R 1
charge:
facts:
Following the running of Race 1, the FAIRVIEW MOTORS CAMBRIDGE AMATEUR DRIVERS MOBILE PACE, an Information was laid by Mr Mulcay alleging that Amateur Driver Mr J Nigro 'failed to come up into position with KATE CATERINA behind the mobile gate at the start'.
Mr Nigro was present at the hearing and indicated that he wished to admit the breach.
Rule 857(7)(g) states ' No horseman shall fail to come up into and/or maintain his position'
Mr Mulcay demonstrated on the video films that Mr Nigro, driving KATE CATERINA had been clearly back from the field at the time the starter dispatched them from the mobile. Mr Mulcay said that it was apparent that Mr Nigro had been slow to turn his horse to follow the mobile to the start and had been about 3 lengths behind the other horses which were in their normal starting positions during the score-up to the start.
Mr Nigro told the Committee that there were some mitigating circumstances surrounding this matter. He said that the horse had arrived on course without its usual gear and that it was necessary to use another trainer's gear on her which unsettled the horse. Mr Nigro added that KATE CATERINA'S trainer had not accompanied the horse to the track. He said the horse was an unruly type and he had found that the best way to deal with her at the start was to keep her back from other horses and let her gradually increase speed. In doing so he had gone around a further circle prior to the mobile moving off which had resulted in him being too far back at the start.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the breach was admitted we find the charge proved.
sumissionsforpenalty:
Mr Mulcay submitted that Mr Nigro had a clear record of breaches of this Rule. He said it was to his credit that he admitted the breach. He added that the JCA Penalty Guide provided a starting point of a 5 drive suspension or a $250 fine. Mr Mulcay submitted that the Stewards felt a fine of $200 would be appropriate.
Mr Nigro told the Committee that he felt $200 was too high.
reasonsforpenalty:
The Committee took into account Mr Nigro's admission of the breach and his clear record to date. It was clear Mr Nigro did not gain any advantage due to his actions at the start. We assessed the distance Mr Nigro was behind the other horses to be in the vicinity of 1 1/2 lengths, and looking at other penalties imposed recently for similar breaches we felt a fine of $150 to be appropriate.
penalty:
We therefore impose a fine of $150 on Mr Nigro.
hearing_type: Hearing
Rules: Rule 857(7)(g)
Informant: Mr S Mulcay - Stipendiary Steward
JockeysandTrainer: Mr J Nigro-Licensed Amateur Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: d20a8e103e2c526ba2184ac4a166e4ec
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 5630e12f22e4960801d315c0fa0d5cd1
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 30/01/2015
meet_title: Harness Racing Waikato - 30 January 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: harness-racing-waikato
meet_racingtype: harness-racing
meet_chair: AGodsalve
meet_pm1: ADooley
meet_pm2: none
name: Harness Racing Waikato