Archive Decision

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Ashburton TC 1 June 2013 – R 8

ID: JCA15441

Applicant:
N G McIntyre, Co-Chief Stipendiary Steward

Respondent(s):
T M Williams, Licensed Open Horseman

Information Number:
A5300

Hearing Type:
Hearing

Rules:
869(7A)(b)

Plea:
admitted

Meet Title:
Ashburton TC - 1 June 2013

Meet Chair:
RMcKenzie

Meet Committee Member 1:
GHall

Race Date:
2013/06/01

Race Number:
R8

Decision:

Mr Williams having admitted the breach, the charge was found proved. 

Penalty:

Mr Williams was fined the sum of $250.  

Charge:

Protruding part of sulky inside marker line. 

Facts:

Following the running of Race 8, Copthorne Commodore 2YO Emerald, an information was filed by Co-Chief Stipendiary Steward, Mr N G McIntyre, against Licensed Open Horseman, Mr T M Williams, alleging that, as the driver of MESSINI in the race, he moved inwards and allowed his own sulky to protrude inside the marker line.

Mr Williams had signed the Statement by the Respondent on the information form indicating that he admitted the breach. Mr McIntyre confirmed that Mr Williams had advised the Stewards that he did not wish to be present at the hearing of the information.

Rule 869 provides as follows:

(7A) Every horseman who moves inwards shall ensure:
      (b) that any part of the sulky does not protrude inside the marker line.

Submissions for Decision:

MESSINI had earlier been relegated from 5th to 6th for gaining an advantage when the Committee found that it had raced inside the pylons and improved its position in the home straight when it took a run inside BACKUP.

Mr McIntyre referred to the earlier protest hearing in showing video replays of the final 300 metres of the race. He submitted that Mr Williams had directed his horse in and attempted a “marginal run” inside BACKUP, which was never going to eventuate. At the same time as he attempted that marginal run, Mr Williams reached down and pulled the earplugs – a high risk manoeuvre. At that stage of the race, he should have been concentrating on getting a run.

Mr McIntyre said that the horse did hang in earlier in the race. While that was a mitigating factor, it should have only served to alert Mr Williams to the fact he had to be more careful when attempting a marginal run. 

Submissions for Penalty:

Mr McIntyre informed the Committee that Mr Williams has had 258 drives in the current season to date. He had been fined at Omakau on 2 January 2013 for careless driving striking a pylon causing a horse to break.

Mr McIntyre submitted that, having regard to Mr Williams’ admission of the breach, an appropriate penalty was a fine of $250.

Reasons for Penalty:

In determining penalty, the Committee had regard to Mr Williams’ admission of the breach and his record which was clear of breaches of this particular Rule.

The Committee noted that the Penalty Guide starting point for a breach of the Rule is 4 drives or a $200 fine. Aggravating factors in this case were that Mr Williams’ horse was relegated from a stakes-bearing placing and that the race was a Group 1 race for a total stake of $150,000. 

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: 93459fa12f12a898c4b0bf04f032bb4f


informantnumber: A5300


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 31/05/2013


hearing_title: Ashburton TC 1 June 2013 - R 8


charge:

Protruding part of sulky inside marker line. 


facts:

Following the running of Race 8, Copthorne Commodore 2YO Emerald, an information was filed by Co-Chief Stipendiary Steward, Mr N G McIntyre, against Licensed Open Horseman, Mr T M Williams, alleging that, as the driver of MESSINI in the race, he moved inwards and allowed his own sulky to protrude inside the marker line.

Mr Williams had signed the Statement by the Respondent on the information form indicating that he admitted the breach. Mr McIntyre confirmed that Mr Williams had advised the Stewards that he did not wish to be present at the hearing of the information.

Rule 869 provides as follows:

(7A) Every horseman who moves inwards shall ensure:
      (b) that any part of the sulky does not protrude inside the marker line.


appealdecision:


isappeal:


submissionsfordecision:

MESSINI had earlier been relegated from 5th to 6th for gaining an advantage when the Committee found that it had raced inside the pylons and improved its position in the home straight when it took a run inside BACKUP.

Mr McIntyre referred to the earlier protest hearing in showing video replays of the final 300 metres of the race. He submitted that Mr Williams had directed his horse in and attempted a “marginal run” inside BACKUP, which was never going to eventuate. At the same time as he attempted that marginal run, Mr Williams reached down and pulled the earplugs – a high risk manoeuvre. At that stage of the race, he should have been concentrating on getting a run.

Mr McIntyre said that the horse did hang in earlier in the race. While that was a mitigating factor, it should have only served to alert Mr Williams to the fact he had to be more careful when attempting a marginal run. 


reasonsfordecision:


Decision:

Mr Williams having admitted the breach, the charge was found proved. 


sumissionsforpenalty:

Mr McIntyre informed the Committee that Mr Williams has had 258 drives in the current season to date. He had been fined at Omakau on 2 January 2013 for careless driving striking a pylon causing a horse to break.

Mr McIntyre submitted that, having regard to Mr Williams’ admission of the breach, an appropriate penalty was a fine of $250.


reasonsforpenalty:

In determining penalty, the Committee had regard to Mr Williams’ admission of the breach and his record which was clear of breaches of this particular Rule.

The Committee noted that the Penalty Guide starting point for a breach of the Rule is 4 drives or a $200 fine. Aggravating factors in this case were that Mr Williams’ horse was relegated from a stakes-bearing placing and that the race was a Group 1 race for a total stake of $150,000. 


penalty:

Mr Williams was fined the sum of $250.  


hearing_type: Hearing


Rules: 869(7A)(b)


Informant: N G McIntyre, Co-Chief Stipendiary Steward


JockeysandTrainer: T M Williams, Licensed Open Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: a681f7ca9516f6dbb36fcb61598080d0


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: 335dd176e3646929c6eb3d8287f528f2


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 01/06/2013


meet_title: Ashburton TC - 1 June 2013


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: ashburton-tc


meet_racingtype: harness-racing


meet_chair: RMcKenzie


meet_pm1: GHall


meet_pm2: none


name: Ashburton TC