Archive Decision

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HR Waikato 30 January 2015 – R 1

ID: JCA15659

Applicant:
Mr S Mulcay - Stipendiary Steward

Respondent(s):
Mr S Hunt - Licensed Amateur Horseman

Information Number:
A3991

Hearing Type:
Hearing

New Charge:
Failing to maintain position behind barrier

Rules:
Rule 857(7)(g)

Plea:
admitted

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:

Accordingly we impose a fine of $150 on Mr Hunt.

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 S Hunt 'failed to maintain his position behind the mobile until dispatch'.

Mr Hunt 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 Hunt, driving IMAJOLLYWALLY had positioned the horse close up in the correct position behind the barrier as the field approached the start point. However it was clear on the films that Mr Hunt then took a strong hold on the horse and restrained it until it was was at least 1 1/2 lengths behind the mobile at the start.

In explanation Mr Hunt told the Committee that he was the trainer of IMAJOLLYWALLY and that in his opinion the horse had been 'sucking wind' up its tail prior to the start which made it intractable. He said that as a result he had to restrain the horse and keep it back from the other horses. He added that prior to the start he had every intention of taking the horse to the lead if it had started well.

Submissions for Penalty:

Mr Mulcay told the Committee that Mr Hunt had a clear record under this Rule. He said that the JCA Penalty Guide showed a starting point of a fine of $250 or a 5 drive suspension for breaches of this Rule. He said it was to Mr Hunt's credit that he had admitted the breach and submitted that a fine of $200 would be the Stewards' penalty suggestion.

Mr Hunt said he would have to pay another driver if suspended and therefore would prefer a fine.

Reasons for Penalty:

Mr Hunt, as an Amateur, has limited driving opportunites. We took into account his clear record under this Rule and his admission of the breach. Taking a guide from other penalties imposed on drivers in a similar position as Mr Hunt we found that a fine of $150 would 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: c0f5495776754837fe3782e424130db9


informantnumber: A3991


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Failing to maintain 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 S Hunt 'failed to maintain his position behind the mobile until dispatch'.

Mr Hunt 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 Hunt, driving IMAJOLLYWALLY had positioned the horse close up in the correct position behind the barrier as the field approached the start point. However it was clear on the films that Mr Hunt then took a strong hold on the horse and restrained it until it was was at least 1 1/2 lengths behind the mobile at the start.

In explanation Mr Hunt told the Committee that he was the trainer of IMAJOLLYWALLY and that in his opinion the horse had been 'sucking wind' up its tail prior to the start which made it intractable. He said that as a result he had to restrain the horse and keep it back from the other horses. He added that prior to the start he had every intention of taking the horse to the lead if it had started well.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As the breach was admitted we find the charge proved.


sumissionsforpenalty:

Mr Mulcay told the Committee that Mr Hunt had a clear record under this Rule. He said that the JCA Penalty Guide showed a starting point of a fine of $250 or a 5 drive suspension for breaches of this Rule. He said it was to Mr Hunt's credit that he had admitted the breach and submitted that a fine of $200 would be the Stewards' penalty suggestion.

Mr Hunt said he would have to pay another driver if suspended and therefore would prefer a fine.


reasonsforpenalty:

Mr Hunt, as an Amateur, has limited driving opportunites. We took into account his clear record under this Rule and his admission of the breach. Taking a guide from other penalties imposed on drivers in a similar position as Mr Hunt we found that a fine of $150 would be appropriate.


penalty:

Accordingly we impose a fine of $150 on Mr Hunt.


hearing_type: Hearing


Rules: Rule 857(7)(g)


Informant: Mr S Mulcay - Stipendiary Steward


JockeysandTrainer: Mr S Hunt - Licensed Amateur Horseman


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