HR Waikato 18 December 2014 – R 1
ID: JCA16500
Meet Title:
Harness Racing Waikato - 18 December 2014
Meet Chair:
AGodsalve
Meet Committee Member 1:
ADooley
Race Date:
2014/12/18
Race Number:
R1
Decision:
As the breach was admitted we find the charge proved.
Penalty:
Accordingly we impose a fine of $200 on Mr Thorby.
Facts:
Following the running of Race 1, the DUNSTAN NUTRITION AMATEUR DRIVERS MOBILE PACE, an Information was laid by Stipendiary Steward Mr S Mulcay alleging that Amateur Horseman Mr T Thorby had breached the Passing Lane Regulations and Rule 869(4) in that he failed to allow full access to the passing lane to LISA'S LAWYER (J Kriechbaumer) in the run home.
Mr Thorby was present at the hearing and acknowledged that he admitted the breach.
Rule 869(4) provides: 'No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.'
The Passing Lane Regulations (4) provides: In the last lap of any race the leading horse on the running line shall, upon entering the home straight, maintain as straight a course as possible parallel to the running line, and allow the trailing horses full access to the expanded inside lane.'
Stipendiary Steward Mr S Mulcay made reference to an earlier protest hearing in which evidence and submissions had been made resulting in the relegation of CELTIC WARRIOR from its finishing position, 4th, to 5th, and asked the Committee to take into consideration some of the evidence from that hearing.
Using the available films Mr Mulcay identified the horse CELTIC WARRIOR driven by Mr Thorby as it entered the final straight. The horse had been the leading horse on the running line. Mr Mulcay said that it was quite apparent that Mr Thorby had been driving the horse out to the finish and in doing so had moved into the passing lane. LISA'S LAWYER driven by Mr Kriechbaumer had been attempting to improve in the passing lane and was denied access to it by CELTIC WARRIOR. Mr Mulcay pointed out that at no stage had Mr Thorby stopped driving his horse out. LISA'S LAWYER eventually finished in 5th position.
Mr Thorby acknowledged that he had made an error in moving into the passing lane. He told the Committee that the horse on his outer, DEBS PAL, had moved in on him and that he was unable to relieve the pressure on LISA'S LAWYER.
In summary Mr Mulcay stated that at no stage had DEBS PAL carried on down onto CELTIC WARRIOR.
Submissions for Penalty:
Mr Mulcay produced Mr Thorby's driving record which showed there were no prior breaches of these Rules. He advised the Committee that the JCA Penalty Guidelines showed a suspension of 4-6 drives or a fine of $200 to be an appropriate penalty.
Mr Thorby advised the Committee he usually drove twice a month and that he would prefer a suspension rather than a fine.
Mr Mulcay then added that if the Committee were going to entertain a suspension for this matter the Stewards would suggest between 2-3 months or 6 drives would be appropriate.
Reasons for Penalty:
The Committee took into account Mr Thorby's clear record in respect of these Rules, and that he had admitted the breach.
Balanced against those mitigating factors, we have to be aware that there was a protest and a relegation as a result of the incident.
We ascertained that there had been approximately 20 prior breaches of these Rules this year and penalties imposed were fines of between $200 - $300. The JCA Penalty Guide shows a fine of $200 or a 4-6 day suspension to be the starting point when considering penalties.
We believe that a fine is an appropriate penalty in this matter.
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: bca05d52c58c4f5a88df75a5601f39a6
informantnumber: A3657
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of Passing Lane Regulation
plea: admitted
penaltyrequired: 1
decisiondate: 13/12/2014
hearing_title: HR Waikato 18 December 2014 - R 1
charge:
facts:
Following the running of Race 1, the DUNSTAN NUTRITION AMATEUR DRIVERS MOBILE PACE, an Information was laid by Stipendiary Steward Mr S Mulcay alleging that Amateur Horseman Mr T Thorby had breached the Passing Lane Regulations and Rule 869(4) in that he failed to allow full access to the passing lane to LISA'S LAWYER (J Kriechbaumer) in the run home.
Mr Thorby was present at the hearing and acknowledged that he admitted the breach.
Rule 869(4) provides: 'No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.'
The Passing Lane Regulations (4) provides: In the last lap of any race the leading horse on the running line shall, upon entering the home straight, maintain as straight a course as possible parallel to the running line, and allow the trailing horses full access to the expanded inside lane.'
Stipendiary Steward Mr S Mulcay made reference to an earlier protest hearing in which evidence and submissions had been made resulting in the relegation of CELTIC WARRIOR from its finishing position, 4th, to 5th, and asked the Committee to take into consideration some of the evidence from that hearing.
Using the available films Mr Mulcay identified the horse CELTIC WARRIOR driven by Mr Thorby as it entered the final straight. The horse had been the leading horse on the running line. Mr Mulcay said that it was quite apparent that Mr Thorby had been driving the horse out to the finish and in doing so had moved into the passing lane. LISA'S LAWYER driven by Mr Kriechbaumer had been attempting to improve in the passing lane and was denied access to it by CELTIC WARRIOR. Mr Mulcay pointed out that at no stage had Mr Thorby stopped driving his horse out. LISA'S LAWYER eventually finished in 5th position.
Mr Thorby acknowledged that he had made an error in moving into the passing lane. He told the Committee that the horse on his outer, DEBS PAL, had moved in on him and that he was unable to relieve the pressure on LISA'S LAWYER.
In summary Mr Mulcay stated that at no stage had DEBS PAL carried on down onto CELTIC WARRIOR.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the breach was admitted we find the charge proved.
sumissionsforpenalty:
Mr Mulcay produced Mr Thorby's driving record which showed there were no prior breaches of these Rules. He advised the Committee that the JCA Penalty Guidelines showed a suspension of 4-6 drives or a fine of $200 to be an appropriate penalty.
Mr Thorby advised the Committee he usually drove twice a month and that he would prefer a suspension rather than a fine.
Mr Mulcay then added that if the Committee were going to entertain a suspension for this matter the Stewards would suggest between 2-3 months or 6 drives would be appropriate.
reasonsforpenalty:
The Committee took into account Mr Thorby's clear record in respect of these Rules, and that he had admitted the breach.
Balanced against those mitigating factors, we have to be aware that there was a protest and a relegation as a result of the incident.
We ascertained that there had been approximately 20 prior breaches of these Rules this year and penalties imposed were fines of between $200 - $300. The JCA Penalty Guide shows a fine of $200 or a 4-6 day suspension to be the starting point when considering penalties.
We believe that a fine is an appropriate penalty in this matter.
penalty:
Accordingly we impose a fine of $200 on Mr Thorby.
hearing_type: Hearing
Rules: Rule 869(4) and the Passing Lane Regulations
Informant: Mr S Mulcay - Stipendiary Steward
JockeysandTrainer: Mr T Thorby, Amateur Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: ecff52b9380a5a6a63a5a30488862b32
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: 91fc068af73cadaddd5b96a0c9f91712
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 18/12/2014
meet_title: Harness Racing Waikato - 18 December 2014
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