NZ Metro TC 31 July 2016 – R 3 – Chair, Mr R McKenzie
ID: JCA15664
Meet Title:
NZ Metro TC - 31 July 2016
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2016/07/31
Race Number:
R3
Decision:
Mr Holmes having admitted the charge, the charge was found proved.
Penalty:
Mr Holmes was fined the sum of $250.
Facts:
Following the running of Race 3, Coca Cola Amatil Mobile Pace, an Information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Mr R D Holmes, alleging a breach of Rule 857(7)(d) in that Mr Holmes, as the driver of CENOSILLICAPHOBIC in the race, “came to the starting gate out of position resulting in a false start”.
Mr Holmes had signed the Statement by the Respondent on the Information form indicating that he admitted the breach.
Mr Ydgren confirmed to the hearing that Mr Holmes did not wish to be present at the hearing of the information.
Rule 857 provides as follows:
(7) No horseman shall:-
(d) come to the starting gate out of position.+
Mr Ydgren showed a video replay of the field for Race 3 forming up behind the mobile barrier prior to the start of the 1950 metres event. He pointed out Mr Holmes, driving CENOSILLICAPHOBIC, which had been drawn to start from barrier position 14 - the outside of the five horses on the second row.
Mr Ydgren said that Mr Holmes had been unaware that the horse that originally drawn to start outside Mr Holmes, from barrier 15, had been scratched. Therefore, Mr Holmes believed that he was to start from the position second from the outside of the second row, and not from the outside. Approaching the starting point, Mr Holmes attempted to take a position second from the outside. Mr Ydgren then pointed out that Mr Holmes then noticed that the horse to his outside, LIVING GLORY (A L Fitzgerald) was wearing saddlecloth number 13 and not 15 and attempted to pull out of the gap. By this time, Mr Ydgren said, it was too close to the start. The starter had noticed Mr Holmes’ mistake and, quite properly, called a false start.
Submissions for Penalty:
Mr Ydgren told the Committee that Mr Holmes had a clear record under the Rule. He referred the Committee to the starting point for a breach of the Rule under the Penalty Guide of an 8 drives’ suspension or a $400 fine. Mr Ydgren said that Mr Holmes had admitted the breach at an early stage and had cooperated fully with the Stewards and, on the basis of those matters and his good record, he submitted that a fine in the range of $200-250 would be an appropriate penalty.
Reasons for Penalty:
In determining penalty, the Committee had regard to Mr Holmes’ admission of the breach and his clear record. The breach was rendered less serious by the fact that Mr Holmes’ mistake was discovered prior to the start of the race. The Committee took the view that those mitigating factors warranted a discount of $150 from the Penalty Guide starting point of a $400 fine. A suspension was not considered for this particular breach.
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: c16620e5bad0069a3969ed072c26b4ce
informantnumber: A8306
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Coming to Starting Gate out of Position
plea: admitted
penaltyrequired: 1
decisiondate: 02/08/2016
hearing_title: NZ Metro TC 31 July 2016 - R 3 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 3, Coca Cola Amatil Mobile Pace, an Information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Mr R D Holmes, alleging a breach of Rule 857(7)(d) in that Mr Holmes, as the driver of CENOSILLICAPHOBIC in the race, “came to the starting gate out of position resulting in a false start”.
Mr Holmes had signed the Statement by the Respondent on the Information form indicating that he admitted the breach.
Mr Ydgren confirmed to the hearing that Mr Holmes did not wish to be present at the hearing of the information.
Rule 857 provides as follows:
(7) No horseman shall:-
(d) come to the starting gate out of position.+
Mr Ydgren showed a video replay of the field for Race 3 forming up behind the mobile barrier prior to the start of the 1950 metres event. He pointed out Mr Holmes, driving CENOSILLICAPHOBIC, which had been drawn to start from barrier position 14 - the outside of the five horses on the second row.
Mr Ydgren said that Mr Holmes had been unaware that the horse that originally drawn to start outside Mr Holmes, from barrier 15, had been scratched. Therefore, Mr Holmes believed that he was to start from the position second from the outside of the second row, and not from the outside. Approaching the starting point, Mr Holmes attempted to take a position second from the outside. Mr Ydgren then pointed out that Mr Holmes then noticed that the horse to his outside, LIVING GLORY (A L Fitzgerald) was wearing saddlecloth number 13 and not 15 and attempted to pull out of the gap. By this time, Mr Ydgren said, it was too close to the start. The starter had noticed Mr Holmes’ mistake and, quite properly, called a false start.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Holmes having admitted the charge, the charge was found proved.
sumissionsforpenalty:
Mr Ydgren told the Committee that Mr Holmes had a clear record under the Rule. He referred the Committee to the starting point for a breach of the Rule under the Penalty Guide of an 8 drives’ suspension or a $400 fine. Mr Ydgren said that Mr Holmes had admitted the breach at an early stage and had cooperated fully with the Stewards and, on the basis of those matters and his good record, he submitted that a fine in the range of $200-250 would be an appropriate penalty.
reasonsforpenalty:
In determining penalty, the Committee had regard to Mr Holmes’ admission of the breach and his clear record. The breach was rendered less serious by the fact that Mr Holmes’ mistake was discovered prior to the start of the race. The Committee took the view that those mitigating factors warranted a discount of $150 from the Penalty Guide starting point of a $400 fine. A suspension was not considered for this particular breach.
penalty:
Mr Holmes was fined the sum of $250.
hearing_type: Hearing
Rules: 857(7)(d)
Informant: N M Ydgren - Stipendiary Steward
JockeysandTrainer: R D Holmes - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: df741b69ccc0ac934bfbf9d524218506
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 5b9cdbf85b72620be4a5388a668f910b
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 31/07/2016
meet_title: NZ Metro TC - 31 July 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: SChing
meet_pm2: none
name: NZ Metro TC