Manawatu HRC 25 October 2012 – R 1
ID: JCA15067
Meet Title:
Manawatu HRC - 25 October 2012
Meet Chair:
TCastles
Meet Committee Member 1:
ISmith
Race Date:
2012/10/25
Race Number:
R1
Decision:
As the charge was admitted it was deemed proved.
Penalty:
Mr. Burley you are fined the sum of $600.00.
Charge:
Alledged breach of rule 868 (3).
Facts:
Mr. M. Burley admitted a charge of a breach of rule 868 (3) in that he failed to drive Alta Tearaway out to the end of the race when he had a reasonable chance of running third. The margin between 3rd and 4th was a neck. Placings as confirmed were 3/8/9/10/4. Mr. Ydgren using the available films indicated to the committee that about 30 metres from the finish Mr. Burley driving Alta Tearaway who was running third put his whip away, tucked it under his arm and Thomas Hamilton driven by Mr. Z. Butcher ran past Mr. Burley's horse to finish third. A vet inspection of Alta Tearaway revealed no abnormalities and Mr. Ydgren submitted that he felt it was an error of judgement by Mr. Burley and no intent could be ascertained. Mr. Burley using the available films concurred with the Stipendiary Steward's submission that it was an error of judgement on his part. It was the horse's first start for a year and he mistakenly believed it had come to the end of his run.
Submissions for Penalty:
Mr. Ydgren using the JCA's penalty guide as a starting point submitted that he believed this charge would be best handled by way of a monetary fine. Mr. Burley deserved credit for his forthright admittance of the breach and his statement that it was in his words an error of judgement. This was his first charge in 6 years of race driving and Mr. Ydgren reiterated again he was of the opinion no intent was involved. Mr. Burley had little to add informing the committee that he resides in Sydney and comes over to drive his horses based in New Zealand. He felt the charge was best addressed by a monetary penalty.
Reasons for Penalty:
Mr. Burley in arriving at our decision to impose a fine for this breach we have taken into account your admittance in which you stated it was an error in judgement, your co-operation over this matter with the Stipendiary Stewards and your excellent driving record in which you have never been charged in 6 years of race driving. However, we must balance this with firstly the difference of stake money between 3rd and 4th, a sum of $294.00 which you as an owner missed out on but more importantly the fact that the punter who invested on your horse in place betting and trifectas was affected by your actions. The punter is the life blood of racing and their protection is paramount.
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: a27fb7be3b985685e6478f93726e99b6
informantnumber: A5566
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 04/10/2012
hearing_title: Manawatu HRC 25 October 2012 - R 1
charge:
Alledged breach of rule 868 (3).
facts:
Mr. M. Burley admitted a charge of a breach of rule 868 (3) in that he failed to drive Alta Tearaway out to the end of the race when he had a reasonable chance of running third. The margin between 3rd and 4th was a neck. Placings as confirmed were 3/8/9/10/4. Mr. Ydgren using the available films indicated to the committee that about 30 metres from the finish Mr. Burley driving Alta Tearaway who was running third put his whip away, tucked it under his arm and Thomas Hamilton driven by Mr. Z. Butcher ran past Mr. Burley's horse to finish third. A vet inspection of Alta Tearaway revealed no abnormalities and Mr. Ydgren submitted that he felt it was an error of judgement by Mr. Burley and no intent could be ascertained. Mr. Burley using the available films concurred with the Stipendiary Steward's submission that it was an error of judgement on his part. It was the horse's first start for a year and he mistakenly believed it had come to the end of his run.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the charge was admitted it was deemed proved.
sumissionsforpenalty:
Mr. Ydgren using the JCA's penalty guide as a starting point submitted that he believed this charge would be best handled by way of a monetary fine. Mr. Burley deserved credit for his forthright admittance of the breach and his statement that it was in his words an error of judgement. This was his first charge in 6 years of race driving and Mr. Ydgren reiterated again he was of the opinion no intent was involved. Mr. Burley had little to add informing the committee that he resides in Sydney and comes over to drive his horses based in New Zealand. He felt the charge was best addressed by a monetary penalty.
reasonsforpenalty:
Mr. Burley in arriving at our decision to impose a fine for this breach we have taken into account your admittance in which you stated it was an error in judgement, your co-operation over this matter with the Stipendiary Stewards and your excellent driving record in which you have never been charged in 6 years of race driving. However, we must balance this with firstly the difference of stake money between 3rd and 4th, a sum of $294.00 which you as an owner missed out on but more importantly the fact that the punter who invested on your horse in place betting and trifectas was affected by your actions. The punter is the life blood of racing and their protection is paramount.
penalty:
Mr. Burley you are fined the sum of $600.00.
hearing_type: Hearing
Rules: 868 (3)
Informant: Mr N Ydgren - Stipendiary Steward
JockeysandTrainer: Mr M Burley - Driver of ALTA TEARAWAY
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: e2c764dae759a8046843964a5bcbb855
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: 4251b989a0c10dff36b78a478a4dc310
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 25/10/2012
meet_title: Manawatu HRC - 25 October 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: manawatu-hrc
meet_racingtype: harness-racing
meet_chair: TCastles
meet_pm1: ISmith
meet_pm2: none
name: Manawatu HRC