Invercargill HRC 17 May 2014 – R 12
ID: JCA16742
Meet Title:
Invercargill HRC - 17 May 2014
Meet Chair:
NSkelt
Meet Committee Member 1:
GHall
Race Date:
2014/05/17
Race Number:
R 12
Decision:
As a result we find the charge proved.
Penalty:
The committee imposed a fine of $275 and reminded Mr Swain of his professional obligations.
Facts:
At the conclusion of race 12 the Level One Restaurant And Bar Handicap Trot an information was filed by Stipendiary Steward Mr S Wallis alleging that Mr E Swain (Sunvasion) failed to maintain as straight as course as possible to the finish line by continuing to drive Sunvasion out without correcting its line.
Rule Reads 869(4) as follows:
(4) 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.
Home Straight Regulations as follows:
7. Except where a horseman is making a move pursuant to Rule 869(7) and subject to the proceeding provisions of this regulation where applicable, every horse shall upon entering the straight prior to the finish line maintain as straight a course as possible to the finish line.
Mr Swain confirmed he understood the rule and that he did not admit the breach.
Mr Wallis and Mr Swain agreed that the evidence given in the protest hearing could be considered as a part of this hearing.
Both parties were then given the opportunity to produce any new evidence that they wished the committee to take into account.
Submissions for Decision:
Mr Wallis stressed that it was the lack of any action from Mr Swain that was the area of concern. Sunvasion had drifted out and halted Another Crusher’s momentum and as a result the horse Sunvasion had been relegated from third to fourth.
Mr Swain re-iterated that he was unaware that his horse had drifted out under pressure, and that he was not aware of the horse's racing manners, with it being its first start from his stable. In future he would adapt some gear, on the horse to prevent this.
Reasons for Decision:
The committee was satisfied that Mr Swain had made a clear error of judgement by allowing his horse Sunvasion to drift outwards eventually locking stays with Another Crusher and halting this horse’s momentum. Clearly the horse Sunvasion was tiring and had shifted one cart width from the top of the straight to three cart widths at the point of contact with Another Crusher. At this point Mr McLellan was making a run on the outside of Mr Kyle’s horse and was finishing the race off strongly. His momentum was halted.
Submissions for Penalty:
Mr Wallis stated that the JCA Penalty guide provides a starting point of a suspension of eight drives or a fine of $400.
Mr Wallis stated that Mr Swain had 20 race day drives in the 2012/2013 season, and had thirty one drives to date this season.
Mr Wallis said that the breach was at the lower end of the scale; however the horse had been relegated from third to fourth.
Mr Swain stated that he could not remember the last time when he appeared under this rule. It was possibly at least “ten years ago” he stated. He also said that he now had only one horse in work and it would be turned out after one more start this season.
Reasons for Penalty:
The committee took a starting point of $400, however we were satisfied that the breach was at the lower end of the scale. The horse Sunvasion had drifted out slowly from the top of the straight one cart width before coming into Another Crusher’s running line.
The fact that the horse was relegated from third to fourth, and investors and the owners suffered financially was considered as an aggravating factor.
Mr Swain’s excellent driving record over a long period of time was a significant mitigating factor in fixing penalty.
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: dad6a9d7f249309c0214fec554988ef4
informantnumber: A1782
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Alleged breach of Rule 869(4)(Home straight regulation 7)
plea: denied
penaltyrequired: 1
decisiondate: 16/05/2014
hearing_title: Invercargill HRC 17 May 2014 - R 12
charge:
facts:
At the conclusion of race 12 the Level One Restaurant And Bar Handicap Trot an information was filed by Stipendiary Steward Mr S Wallis alleging that Mr E Swain (Sunvasion) failed to maintain as straight as course as possible to the finish line by continuing to drive Sunvasion out without correcting its line.
Rule Reads 869(4) as follows:
(4) 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.
Home Straight Regulations as follows:
7. Except where a horseman is making a move pursuant to Rule 869(7) and subject to the proceeding provisions of this regulation where applicable, every horse shall upon entering the straight prior to the finish line maintain as straight a course as possible to the finish line.
Mr Swain confirmed he understood the rule and that he did not admit the breach.
Mr Wallis and Mr Swain agreed that the evidence given in the protest hearing could be considered as a part of this hearing.
Both parties were then given the opportunity to produce any new evidence that they wished the committee to take into account.
appealdecision:
isappeal:
submissionsfordecision:
Mr Wallis stressed that it was the lack of any action from Mr Swain that was the area of concern. Sunvasion had drifted out and halted Another Crusher’s momentum and as a result the horse Sunvasion had been relegated from third to fourth.
Mr Swain re-iterated that he was unaware that his horse had drifted out under pressure, and that he was not aware of the horse's racing manners, with it being its first start from his stable. In future he would adapt some gear, on the horse to prevent this.
reasonsfordecision:
The committee was satisfied that Mr Swain had made a clear error of judgement by allowing his horse Sunvasion to drift outwards eventually locking stays with Another Crusher and halting this horse’s momentum. Clearly the horse Sunvasion was tiring and had shifted one cart width from the top of the straight to three cart widths at the point of contact with Another Crusher. At this point Mr McLellan was making a run on the outside of Mr Kyle’s horse and was finishing the race off strongly. His momentum was halted.
Decision:
As a result we find the charge proved.
sumissionsforpenalty:
Mr Wallis stated that the JCA Penalty guide provides a starting point of a suspension of eight drives or a fine of $400.
Mr Wallis stated that Mr Swain had 20 race day drives in the 2012/2013 season, and had thirty one drives to date this season.
Mr Wallis said that the breach was at the lower end of the scale; however the horse had been relegated from third to fourth.
Mr Swain stated that he could not remember the last time when he appeared under this rule. It was possibly at least “ten years ago” he stated. He also said that he now had only one horse in work and it would be turned out after one more start this season.
reasonsforpenalty:
The committee took a starting point of $400, however we were satisfied that the breach was at the lower end of the scale. The horse Sunvasion had drifted out slowly from the top of the straight one cart width before coming into Another Crusher’s running line.
The fact that the horse was relegated from third to fourth, and investors and the owners suffered financially was considered as an aggravating factor.
Mr Swain’s excellent driving record over a long period of time was a significant mitigating factor in fixing penalty.
penalty:
The committee imposed a fine of $275 and reminded Mr Swain of his professional obligations.
hearing_type: Hearing
Rules: 869(4)(Home straight regulation 7)
Informant: Mr S W Wallis - Stipendiary Steward
JockeysandTrainer: Mr E Swain - Driver of SUNVASION
Otherperson: Mr B McLellan - Driver of ANOTHER CRUSHER
PersonPresent:
Respondent:
StipendSteward:
raceid: 3c25a78029f43e1725dce4dbdf5fa275
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 12
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: c84eb464d156aaf5c3066fa3bae05f60
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 17/05/2014
meet_title: Invercargill HRC - 17 May 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: invercargill-hrc
meet_racingtype: harness-racing
meet_chair: NSkelt
meet_pm1: GHall
meet_pm2: none
name: Invercargill HRC