Archive Decision

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Wairio TC 14 October 2012 – R 9

ID: JCA15671

Applicant:
Mr C Allison, Stipendiary Steward

Respondent(s):
Mr A Armour, Open Horseman

Information Number:
1320

Hearing Type:
Hearing

Rules:
869(3)(b)

Plea:
admitted

Meet Title:
Wairio TC - 14 October 2012

Meet Chair:
GHall

Meet Committee Member 1:
NSkelt

Race Date:
2012/10/14

Race Number:
R9

Decision:

We find the breach proved. 

Penalty:

Mr Armour is fined the sum of $225. 

Charge:

Mr Allison alleged that after approximately 200 metres Mr Armour (KAYLEA BOLTER) shifted ground inwards when insufficiently clear of ALI FOYLE (C Barron) causing ALI FOYLE to break. 

Facts:

Mr Allison demonstrated on the videos that some 200 metres after the start Mr Armour eased back in an endeavour to slot into a position close to the pylons. In so doing, he shifted ground and makes contact with ALI FOYLE, which was racing immediately on his inside and which galloped for a few strides before settling towards the back of the field.

Submissions for Decision:

Mr Allison said that he had questioned Mr Barron who stated he had not called out until it was too late as it had all happened quickly. Mr Allison said the back legs of ALI FOYLE had touched Mr Armour’s wheel. He ran the video on, which demonstrated that both horses had finished mid-field.

Mr Armour explained that he had looked twice before moving down. He said he was not aware that Mr Ferguson was inside ALI FOYLE and that he took corrective action the moment he became aware of this. He accepted, however, that this was too late. He said that Mr Barron’s horse hanging out and Mr Ferguson hunting up CHIEF KAPAI had both contributed to the incident. 

Reasons for Decision:

Mr Armour admitted the breach. 

Submissions for Penalty:

Mr Allison produced Mr Armour’s record, which he described as excellent. He had had over 280 drives in the current and past season and had had no breaches of any rule. He described this breach as being low end and emphasised that Mr Barron had not completely had his chances extinguished by the incident. He submitted a fine at the lower end of the scale was appropriate.

Mr Armour agreed with Mr Allison’s categorisation of the breach and confirmed he had a clear record.

Reasons for Penalty:

We agree the breach is towards the lower end of the scale although by way of comparison, we believe it is a notch above that of Mr Clark, whom we have dealt with earlier today. We accept it was unfortunate Mr Ferguson was hunting up CHIEF KAPAI but he was there to be seen by Mr Armour when he looked. However, the fact Mr Armour did look before moving inwards does reduce his culpability.

Mr Armour’s record is excellent and he has readily admitted the breach. We believe a fine at the same level as that imposed on Mr Clark is sufficient to hold Mr Armour accountable.

JCA Decision Fields (raw)

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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: c2127620a22b5f6f8f94499b2f8aad14


informantnumber: 1320


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 04/10/2012


hearing_title: Wairio TC 14 October 2012 - R 9


charge:

Mr Allison alleged that after approximately 200 metres Mr Armour (KAYLEA BOLTER) shifted ground inwards when insufficiently clear of ALI FOYLE (C Barron) causing ALI FOYLE to break. 


facts:

Mr Allison demonstrated on the videos that some 200 metres after the start Mr Armour eased back in an endeavour to slot into a position close to the pylons. In so doing, he shifted ground and makes contact with ALI FOYLE, which was racing immediately on his inside and which galloped for a few strides before settling towards the back of the field.


appealdecision:


isappeal:


submissionsfordecision:

Mr Allison said that he had questioned Mr Barron who stated he had not called out until it was too late as it had all happened quickly. Mr Allison said the back legs of ALI FOYLE had touched Mr Armour’s wheel. He ran the video on, which demonstrated that both horses had finished mid-field.

Mr Armour explained that he had looked twice before moving down. He said he was not aware that Mr Ferguson was inside ALI FOYLE and that he took corrective action the moment he became aware of this. He accepted, however, that this was too late. He said that Mr Barron’s horse hanging out and Mr Ferguson hunting up CHIEF KAPAI had both contributed to the incident. 


reasonsfordecision:

Mr Armour admitted the breach. 


Decision:

We find the breach proved. 


sumissionsforpenalty:

Mr Allison produced Mr Armour’s record, which he described as excellent. He had had over 280 drives in the current and past season and had had no breaches of any rule. He described this breach as being low end and emphasised that Mr Barron had not completely had his chances extinguished by the incident. He submitted a fine at the lower end of the scale was appropriate.

Mr Armour agreed with Mr Allison’s categorisation of the breach and confirmed he had a clear record.


reasonsforpenalty:

We agree the breach is towards the lower end of the scale although by way of comparison, we believe it is a notch above that of Mr Clark, whom we have dealt with earlier today. We accept it was unfortunate Mr Ferguson was hunting up CHIEF KAPAI but he was there to be seen by Mr Armour when he looked. However, the fact Mr Armour did look before moving inwards does reduce his culpability.

Mr Armour’s record is excellent and he has readily admitted the breach. We believe a fine at the same level as that imposed on Mr Clark is sufficient to hold Mr Armour accountable.


penalty:

Mr Armour is fined the sum of $225. 


hearing_type: Hearing


Rules: 869(3)(b)


Informant: Mr C Allison, Stipendiary Steward


JockeysandTrainer: Mr A Armour, Open Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: d18f60432ce92c97062b446eae4bc966


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R9


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 39c5d8159d1657cb71042e375729bb63


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 14/10/2012


meet_title: Wairio TC - 14 October 2012


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: wairio-tc


meet_racingtype: harness-racing


meet_chair: GHall


meet_pm1: NSkelt


meet_pm2: none


name: Wairio TC