Archive Decision

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Wairio TC 23 December 2017 – R 9 – Chair, Mr P Knowles

ID: JCA17476

Applicant:
Mr S W Wallis - Stipendiary Steward

Respondent(s):
Mr M Anderson - Junior Horseman

Information Number:
A09781

Hearing Type:
Hearing

New Charge:
Incorrect barrier position

Rules:
862(2)

Plea:
admitted

Meet Title:
Wairio TC - 23 December 2017

Meet Chair:
PKnowles

Meet Committee Member 1:
VMUnro

Race Date:
2017/12/23

Race Number:
R2

Decision:

The committee is satisfied that Mr Anderson has breached the rule. He admitted the breach and it is found proved.

Penalty:

Mr Anderson is fine $400.

Facts:

Following the running of Race 9, the Otautau Four Square Supermarket Wairio Cup Handicap Pace, an information was lodged by Mr S Wallis (Stipendiary Steward) alleging that Mr M Anderson (Junior Horseman) “… permitted his horse Franco Tai to start in a position other than its current barrier position of 20m).

Rule 862 (2) reads:

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 start), unless directed by the starter in accordance with Rule 860 (8).

Mr Anderson admitted the charge and appeared at the hearing.

Mr Wallis, with the aid of the videos, stated that FRANCO TAI was the sole runner on the 20m mark. Just prior to the start Mr Anderson turned FRANCO TAI round and went back up the track before turning around. Soon after the starter released the tapes, FRANCO TAI was approximately 35m back from its correct barrier position and a full 55m from the front line.

Mr Anderson stated two horses were fractious on the front line. He was also aware there was an unruly horse on the 10m mark. It was the first time he had driven FRANCO TAI and had been told to keep the horse moving as it had galloped at standing starts in previous races. He didn’t want to be caught flat footed at the start. However, he admitted he had turned the horse around and had misjudged the distance and the start.

Submissions for Penalty:

Mr Wallis stated Mr Anderson was a busy Junior Horseman. He had 209 drives last season and 94 drives this season. He had admitted the breach and had no previous breach of the rule. The JCA Penalty Guide recommended a fine of $400 or an 8 drive suspension. The aggravating features were FRANCO TAI was 2/2 in the betting and the error had put an extra 35m on its handicap. He sought a fine of $500.

Mr Anderson stated he had a good record, had admitted the breach and sought a fine of $300.

Reasons for Penalty:

Mr Anderson admitted the breach, it was also his first offence under the rule. We accept there were aggravating features and we adopt a starting point of $500. We give Mr Anderson credit for his excellent record and that he is a Junior Horseman.

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: e872cbe5c6a95199b5ce47e44ece8043


informantnumber: A09781


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Incorrect barrier position


plea: admitted


penaltyrequired: 1


decisiondate: 24/12/2017


hearing_title: Wairio TC 23 December 2017 - R 9 - Chair, Mr P Knowles


charge:


facts:

Following the running of Race 9, the Otautau Four Square Supermarket Wairio Cup Handicap Pace, an information was lodged by Mr S Wallis (Stipendiary Steward) alleging that Mr M Anderson (Junior Horseman) “… permitted his horse Franco Tai to start in a position other than its current barrier position of 20m).

Rule 862 (2) reads:

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 start), unless directed by the starter in accordance with Rule 860 (8).

Mr Anderson admitted the charge and appeared at the hearing.

Mr Wallis, with the aid of the videos, stated that FRANCO TAI was the sole runner on the 20m mark. Just prior to the start Mr Anderson turned FRANCO TAI round and went back up the track before turning around. Soon after the starter released the tapes, FRANCO TAI was approximately 35m back from its correct barrier position and a full 55m from the front line.

Mr Anderson stated two horses were fractious on the front line. He was also aware there was an unruly horse on the 10m mark. It was the first time he had driven FRANCO TAI and had been told to keep the horse moving as it had galloped at standing starts in previous races. He didn’t want to be caught flat footed at the start. However, he admitted he had turned the horse around and had misjudged the distance and the start.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

The committee is satisfied that Mr Anderson has breached the rule. He admitted the breach and it is found proved.


sumissionsforpenalty:

Mr Wallis stated Mr Anderson was a busy Junior Horseman. He had 209 drives last season and 94 drives this season. He had admitted the breach and had no previous breach of the rule. The JCA Penalty Guide recommended a fine of $400 or an 8 drive suspension. The aggravating features were FRANCO TAI was 2/2 in the betting and the error had put an extra 35m on its handicap. He sought a fine of $500.

Mr Anderson stated he had a good record, had admitted the breach and sought a fine of $300.


reasonsforpenalty:

Mr Anderson admitted the breach, it was also his first offence under the rule. We accept there were aggravating features and we adopt a starting point of $500. We give Mr Anderson credit for his excellent record and that he is a Junior Horseman.


penalty:

Mr Anderson is fine $400.


hearing_type: Hearing


Rules: 862(2)


Informant: Mr S W Wallis - Stipendiary Steward


JockeysandTrainer: Mr M Anderson - Junior Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 9d38bb1b6f3db2686c7fc03a6fe22a53


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R2


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 7387de3b5576ddf09267a90889fd0e11


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 23/12/2017


meet_title: Wairio TC - 23 December 2017


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: wairio-tc


meet_racingtype: harness-racing


meet_chair: PKnowles


meet_pm1: VMUnro


meet_pm2: none


name: Wairio TC