Amberley TC 6 February 2013 – R 11
ID: JCA17371
Meet Title:
Amberley TC - 6 February 2013
Meet Chair:
JPhelan
Meet Committee Member 1:
KHales
Race Date:
2013/02/06
Race Number:
R1
Decision:
The charge was found to be proved.
Penalty:
Mr Smith was fined the sum of $150-00.
Charge:
Alleged dropping leg from sulky rest
Facts:
Following the running of Race 11, the Keith Ussher Architecture Mobile Pace, Stipendiary Steward Mr S. W. Wallis filed an Information against Open Horseman Mr G. D. Smith alleging a breach of Rule 867. It was alleged that Mr Smith had dropped his leg from the sulky in the run home.
The charge reads as follows:
“I the above named informant allege that the above named Respondent committed a breach of Rule 867 in that you drove with your foot out of the sulky footrest when driving “SHIFTY SHIVAS”.
Rule 867 reads as follows –
“Every horseman shall drive throughout the race with both feet in the rests of the sulky provided for that purpose.”
Mr Smith had indicated on the Information that this breach of the Rules was admitted and Mr Wallis advised that Mr Smith did not wish to be present at the hearing.
Submissions for Decision:
Mr Wallis gave evidence and used video coverage to show that towards the finish of the race Mr Smith had dropped his leg from the sulky rest for between 40 and 50 metres during which time he used his whip on several occasions.
Reasons for Decision:
As Mr Smith had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Submissions for Penalty:
In relation to penalty Mr Wallis advised that Mr Smith breached this Rule at Rangiora on 31 December 2012 and had been fined $100-00 on that occasion. Mr Wallis advised that the Penalty Guide recommends a starting point of a fine of $100-00 for this offence, but as this was his second such breach in a short time, made submissions that a fine of $150-00 should be imposed on this occasion.
Reasons for Penalty:
In considering the matter of an appropriate penalty we took into account that Mr Smith had admitted the breach, but also that he had previously breached this Rule very recently. For these reasons we were satisfied that a fine of $150-00 should be imposed on this occasion.
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: ffd2797fc918c998de7779dc939b8647
informantnumber: A1864
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 30/01/2013
hearing_title: Amberley TC 6 February 2013 - R 11
charge:
Alleged dropping leg from sulky rest
facts:
Following the running of Race 11, the Keith Ussher Architecture Mobile Pace, Stipendiary Steward Mr S. W. Wallis filed an Information against Open Horseman Mr G. D. Smith alleging a breach of Rule 867. It was alleged that Mr Smith had dropped his leg from the sulky in the run home.
The charge reads as follows:
“I the above named informant allege that the above named Respondent committed a breach of Rule 867 in that you drove with your foot out of the sulky footrest when driving “SHIFTY SHIVAS”.
Rule 867 reads as follows –
“Every horseman shall drive throughout the race with both feet in the rests of the sulky provided for that purpose.”
Mr Smith had indicated on the Information that this breach of the Rules was admitted and Mr Wallis advised that Mr Smith did not wish to be present at the hearing.
appealdecision:
isappeal:
submissionsfordecision:
Mr Wallis gave evidence and used video coverage to show that towards the finish of the race Mr Smith had dropped his leg from the sulky rest for between 40 and 50 metres during which time he used his whip on several occasions.
reasonsfordecision:
As Mr Smith had admitted this breach of the Rules 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 Wallis advised that Mr Smith breached this Rule at Rangiora on 31 December 2012 and had been fined $100-00 on that occasion. Mr Wallis advised that the Penalty Guide recommends a starting point of a fine of $100-00 for this offence, but as this was his second such breach in a short time, made submissions that a fine of $150-00 should be imposed on this occasion.
reasonsforpenalty:
In considering the matter of an appropriate penalty we took into account that Mr Smith had admitted the breach, but also that he had previously breached this Rule very recently. For these reasons we were satisfied that a fine of $150-00 should be imposed on this occasion.
penalty:
Mr Smith was fined the sum of $150-00.
hearing_type: Hearing
Rules: 867
Informant: Mr S. W. Wallis - Stipendiary Steward
JockeysandTrainer: Mr G. D. Smith - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 01a1443ee47ed4b251158271f69f0747
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: 3d3cb3d71f003b4573e0df29fc6720a1
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 06/02/2013
meet_title: Amberley TC - 6 February 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: amberley-tc
meet_racingtype: harness-racing
meet_chair: JPhelan
meet_pm1: KHales
meet_pm2: none
name: Amberley TC