Hawera HRC 30 March 2013 – R 6
ID: JCA15797
Meet Title:
Hawera HRC - 30 March 2013
Meet Chair:
ISmith
Meet Committee Member 1:
PWilliams
Race Date:
2013/03/30
Race Number:
R 6
Decision:
As Mr Butcher admitted the breach the charge is found proved.
Penalty:
The Committee believes on this occasion a fine is an appropriate penalty and Mr Butcher is fined $150.
Charge:
Following the running of race 6 an Information was filed by Stipendiary Steward Mr J Muirhead pursuant to Rule 857(7) (d) alleging Junior Horseman Mr Z Butcher came up to the starting gate in barrier position 4 instead of barrier position 5 with Christian Acropolis.
Rule 857 (7) states:- No horseman shall: (d) come to the starting gate out of position.
The rule was read and confirmed and understood by those present. Mr Z Butcher also confirmed he admitted the breach of the Rule.
Facts:
Mr Muirhead presented the films prior to the start of race 6, which all parties had viewed during the earlier protest hearing into the incident. Mr Muirhead proceeded to demonstrate where Mr Z Butcher had come up into position 4 with Mr McKendry on his outside in position 5 when they should have been around the other way.
Mr Z Butcher said the starter never mentioned to him at any stage prior to the start to move out because he was one in from where he should be. He further added that the Hawera starter was calling up the horses for the start different from the way the starter at Alexandra Park did and this had also been a factor in him ending up in the wrong position behind the mobile. He admitted, however, it was his responsibility to ensure he was in the correct position behind the mobile.
Submissions for Penalty:
Mr Muirhead said Mr Butcher had no previous charges under this Rule. He said that notwithstanding the fact that Mr Butcher had not gained an advantage from being in the wrong barrier position it was his responsibility alone to ensure he was in the correct position when the race commenced. He reminded the Committee that the JCA Guidelines state a starting point for a breach of the Rule is $400 and he submitted a fine close to that was an appropriate penalty.
Mr Z Butcher asked the Committee to take into account his admittance of the breach, the fact that he was a Junior Driver and that he had not previously breached this Rule. He said he thought a fine close to $200 was an appropriate penalty.
Mr D Butcher endorsed Mr Z Butcher’s comments and said he was sure Mr Butcher Junior would learn from his mistake.
Reasons for Penalty:
The Committee has considered the submissions of all parties. Mr Muirhead referred to the JCA Penalty Guide and the starting point of a fine of $400 for a breach of the Rule and submitted an appropriate penalty was a fine close to that figure. There are, however, several mitigating factors to be considered. In arriving at the penalty the Committee has taken into account Mr Butcher’s admission of the breach and the fact he has not been previously charged with a breach of this Rule. The Committee also took into account that the start was not a good one with one other runner out of position at the release point. This was, clearly, a contributing factor. The Committee is also mindful that at the earlier protest hearing relating to the start of the race it was found that neither of the two drivers involved gained an advantage by being in the wrong positions on the front line behind the mobile. Finally, and significantly, the Committee has also noted that the 3 previous breaches of this Rule in the last 12 months have incurred a fine of $150 which is considerably smaller than that stated in the Penalty Guide.
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: d34a505099c0620645f167a8849a8f90
informantnumber: A2503
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 01/04/2013
hearing_title: Hawera HRC 30 March 2013 - R 6
charge:
Following the running of race 6 an Information was filed by Stipendiary Steward Mr J Muirhead pursuant to Rule 857(7) (d) alleging Junior Horseman Mr Z Butcher came up to the starting gate in barrier position 4 instead of barrier position 5 with Christian Acropolis.
Rule 857 (7) states:- No horseman shall: (d) come to the starting gate out of position.
The rule was read and confirmed and understood by those present. Mr Z Butcher also confirmed he admitted the breach of the Rule.
facts:
Mr Muirhead presented the films prior to the start of race 6, which all parties had viewed during the earlier protest hearing into the incident. Mr Muirhead proceeded to demonstrate where Mr Z Butcher had come up into position 4 with Mr McKendry on his outside in position 5 when they should have been around the other way.
Mr Z Butcher said the starter never mentioned to him at any stage prior to the start to move out because he was one in from where he should be. He further added that the Hawera starter was calling up the horses for the start different from the way the starter at Alexandra Park did and this had also been a factor in him ending up in the wrong position behind the mobile. He admitted, however, it was his responsibility to ensure he was in the correct position behind the mobile.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Butcher admitted the breach the charge is found proved.
sumissionsforpenalty:
Mr Muirhead said Mr Butcher had no previous charges under this Rule. He said that notwithstanding the fact that Mr Butcher had not gained an advantage from being in the wrong barrier position it was his responsibility alone to ensure he was in the correct position when the race commenced. He reminded the Committee that the JCA Guidelines state a starting point for a breach of the Rule is $400 and he submitted a fine close to that was an appropriate penalty.
Mr Z Butcher asked the Committee to take into account his admittance of the breach, the fact that he was a Junior Driver and that he had not previously breached this Rule. He said he thought a fine close to $200 was an appropriate penalty.
Mr D Butcher endorsed Mr Z Butcher’s comments and said he was sure Mr Butcher Junior would learn from his mistake.
reasonsforpenalty:
The Committee has considered the submissions of all parties. Mr Muirhead referred to the JCA Penalty Guide and the starting point of a fine of $400 for a breach of the Rule and submitted an appropriate penalty was a fine close to that figure. There are, however, several mitigating factors to be considered. In arriving at the penalty the Committee has taken into account Mr Butcher’s admission of the breach and the fact he has not been previously charged with a breach of this Rule. The Committee also took into account that the start was not a good one with one other runner out of position at the release point. This was, clearly, a contributing factor. The Committee is also mindful that at the earlier protest hearing relating to the start of the race it was found that neither of the two drivers involved gained an advantage by being in the wrong positions on the front line behind the mobile. Finally, and significantly, the Committee has also noted that the 3 previous breaches of this Rule in the last 12 months have incurred a fine of $150 which is considerably smaller than that stated in the Penalty Guide.
penalty:
The Committee believes on this occasion a fine is an appropriate penalty and Mr Butcher is fined $150.
hearing_type: Hearing
Rules: 857(7)(d)
Informant: Mr J Muirhead - Stipendiary Steward
JockeysandTrainer: Mr Z Butcher - Junior Horseman
Otherperson: Mr D Butcher - Open Horseman supporting Mr Z Butcher
PersonPresent:
Respondent:
StipendSteward:
raceid: 9c0589d88d3e30861d5a105ea764dcbe
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: bdd2a3460d13813a4b8d2d9e1cf6b991
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 30/03/2013
meet_title: Hawera HRC - 30 March 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: hawera-hrc
meet_racingtype: harness-racing
meet_chair: ISmith
meet_pm1: PWilliams
meet_pm2: none
name: Hawera HRC