Archive Decision

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Rangiora HRC 28 February 2013 – R 1

ID: JCA15988

Applicant:
Mr N. M. Ydgren - Stipendiary Steward

Respondent(s):
Mr A. C. White - Advanced Amateur Driver

Information Number:
A4969

Hearing Type:
Hearing

Rules:
862(2)

Plea:
admitted

Meet Title:
Rangiora HRC - 28 February 2013

Meet Chair:
JPhelan

Meet Committee Member 1:
KHales

Race Date:
2013/02/28

Race Number:
R1

Decision:

The charge was found to be proved.

Penalty:

Accordingly Mr White’s Advanced Amateur Driver's licence was suspended from after the completion of racing on 28 February 2013 until after the completion of racing on 30 April 2013. This period of suspension includes Amateur Drivers’ races on 5 and 30 March and 7 and 25 April 2013.

Charge:

Allowed horse to start from wrong barrier position.

Facts:

Following the running of Race 1, the Bishopdale / Bush Inn TABs Amateur Drivers Mobile Pace, an Information was filed by Stipendiary Steward Mr N. M. Ydgren alleging a breach of Rule 862(2) by Advanced Amateur Driver Mr A. C. White.

The Information reads as follows:

“I the above named informant allege that the above named Respondent committed a breach of Rule 862(2) (in that) A. White (Bedtime) allowed his horse to start from the incorrect barrier position”.

Rule 862(2) provides as follows:

“No horseman shall permit a horse to start and no horse shall start other than from its correct barrier position or in advance of its correct barrier position (either at a standing or mobile or moving start), unless directed by the Starter in accordance with Rule 860(8).”

Mr White agreed that he understood this charge and the Rule it was brought under, and he also confirmed at the hearing that this breach of the Rules was admitted.

Submissions for Decision:

There had previously been a protest hearing in relation to this incident, and it was agreed by the parties that the evidence given at that hearing would form the basis for this hearing. It had been established that Mr White (“Bedtime”) should have started from barrier one on the second line, but at the start had occupied barrier two which should have been available to Mr Maynard (“J C Skipper”).

Reasons for Decision:

As Mr White had admitted this breach it was found to be proved in accordance with Rule 1111(1)(d).

Submissions for Penalty:

In relation to penalty Mr Ydgren advised that Mr White had not previously breached this Rule and had admitted the breach. It was also relevant that this breach had resulted in “Bedtime” being disqualified. Mr Ydgren referred to the Penalty Guide which gives a starting point of 8 drives or a fine of $400-00, and that he would leave the matter of a penalty to the Committee.

There were discussions with Mr White regarding penalty, and whether he would prefer a fine or a suspension. Mr White said that he would like to know what the amount of a fine might be before making a choice, and we agreed to this request. We adjourned to consider this matter.

On looking at the JCA database of penalties we found that the penalty mainly imposed for a breach of this Rule was predominantly a fine of $200-00.

On resuming the hearing Mr White was advised that a fine would be $200-00, or if he opted for a suspension it would encompass the next four Amateur Drivers’ races, being a period of two months. Mr White said he preferred a suspension to a fine.

Reasons for Penalty:

In relation to penalty we took into account that Mr White had not previously breached this Rule, and had admitted the breach. It was also relevant however that Mr White’s driving had resulted in the disqualification of his horse. Taking all these matters into account we decided that a suspension encompassing four drives was 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: ac70d47761afa0df4d73b625eae55509


informantnumber: A4969


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 19/02/2013


hearing_title: Rangiora HRC 28 February 2013 - R 1


charge:

Allowed horse to start from wrong barrier position.


facts:

Following the running of Race 1, the Bishopdale / Bush Inn TABs Amateur Drivers Mobile Pace, an Information was filed by Stipendiary Steward Mr N. M. Ydgren alleging a breach of Rule 862(2) by Advanced Amateur Driver Mr A. C. White.

The Information reads as follows:

“I the above named informant allege that the above named Respondent committed a breach of Rule 862(2) (in that) A. White (Bedtime) allowed his horse to start from the incorrect barrier position”.

Rule 862(2) provides as follows:

“No horseman shall permit a horse to start and no horse shall start other than from its correct barrier position or in advance of its correct barrier position (either at a standing or mobile or moving start), unless directed by the Starter in accordance with Rule 860(8).”

Mr White agreed that he understood this charge and the Rule it was brought under, and he also confirmed at the hearing that this breach of the Rules was admitted.


appealdecision:


isappeal:


submissionsfordecision:

There had previously been a protest hearing in relation to this incident, and it was agreed by the parties that the evidence given at that hearing would form the basis for this hearing. It had been established that Mr White (“Bedtime”) should have started from barrier one on the second line, but at the start had occupied barrier two which should have been available to Mr Maynard (“J C Skipper”).


reasonsfordecision:

As Mr White had admitted this breach it was found to be proved in accordance with Rule 1111(1)(d).


Decision:

The charge was found to be proved.


sumissionsforpenalty:

In relation to penalty Mr Ydgren advised that Mr White had not previously breached this Rule and had admitted the breach. It was also relevant that this breach had resulted in “Bedtime” being disqualified. Mr Ydgren referred to the Penalty Guide which gives a starting point of 8 drives or a fine of $400-00, and that he would leave the matter of a penalty to the Committee.

There were discussions with Mr White regarding penalty, and whether he would prefer a fine or a suspension. Mr White said that he would like to know what the amount of a fine might be before making a choice, and we agreed to this request. We adjourned to consider this matter.

On looking at the JCA database of penalties we found that the penalty mainly imposed for a breach of this Rule was predominantly a fine of $200-00.

On resuming the hearing Mr White was advised that a fine would be $200-00, or if he opted for a suspension it would encompass the next four Amateur Drivers’ races, being a period of two months. Mr White said he preferred a suspension to a fine.


reasonsforpenalty:

In relation to penalty we took into account that Mr White had not previously breached this Rule, and had admitted the breach. It was also relevant however that Mr White’s driving had resulted in the disqualification of his horse. Taking all these matters into account we decided that a suspension encompassing four drives was appropriate.


penalty:

Accordingly Mr White’s Advanced Amateur Driver's licence was suspended from after the completion of racing on 28 February 2013 until after the completion of racing on 30 April 2013. This period of suspension includes Amateur Drivers’ races on 5 and 30 March and 7 and 25 April 2013.


hearing_type: Hearing


Rules: 862(2)


Informant: Mr N. M. Ydgren - Stipendiary Steward


JockeysandTrainer: Mr A. C. White - Advanced Amateur Driver


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 8527319b2fb1c631161f2ff8b574225c


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: 8c826b7ff86916367bb2e4b4df86d4db


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 28/02/2013


meet_title: Rangiora HRC - 28 February 2013


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: rangiora-hrc


meet_racingtype: harness-racing


meet_chair: JPhelan


meet_pm1: KHales


meet_pm2: none


name: Rangiora HRC