Manawatu HRC 27 March 2019 – R 1 – Chair, Mr T Utikere
ID: JCA17490
Meet Title:
Manawatu HRC - 27 March 2019
Meet Chair:
TUtikere
Race Date:
2019/03/27
Race Number:
R3
Decision:
As the charge was admitted, the Committee deemed the charge proved.
Penalty:
Mr Martin is fined $250.
Facts:
Following the running of Race 1 (1st Race Friday Night 5.19pm Handicap Trot), Information A10263 was filed with the Judicial Committee. It alleged a breach of Rule 857(7)(a) by Licensed Driver Mr G Martin and stated that "You caused the start to be delayed by allowing DANKE to breach the barrier prior to its release resulting in a False Start to be declared".
Rule 857(7)(a) states: "No horseman shall:-...delay the start:"
Mr Martin signed the Information as admitting the breach which was also endorsed with "I do not wish to be present at the hearing of this Information".
Using the head-on film Mr Muirhead identified DANKE who had drawn two on the 30 metre line. That horse was then observed to have improved ahead of the tapes prior to its release, with the tape becoming entangled in its legs, causing interference to Mr Phelan's horse which had drawn one on the 30 metre mark. Mr Muirhead also advised that while stewards had spoken with the starter Mr Phillips, the side-on film also gave a close up view of what had happened. The respondent had indicated to stewards that his horse had grabbed the bit and gone forward by itself, but he was not present to confirm that.
Submissions for Penalty:
Mr Muirhead identified that the JCA Penalty Guide stated a starting point for a breach of this rule as a $300 fine or a six drives suspension. He identified the respondent's early admission of the breach and his clear record under the rule. While this was a standing start, it was possible that the false start had stirred up and upset other runners, which may be considered as an aggravating feature.
Reasons for Penalty:
The respondent had elected not to attend the hearing, so it has been difficult to understand his position on the submissions of the RIU. Nonetheless, the JCA Penalty Guide identifies a $300 fine as a starting point for a breach of this nature, which I consider appropriate to adopt. It is clear from the side-on film that Mr Martin says something to his horse, prior to it advancing forward of the tape; without having him present, it's unclear what he would have purported to have said. In any event it's clear that the premature advancement of his horse has also caused inconvenience to Mr Phelan on his inside. While standing starts can be fickle at times, runners may have been a little hesitant as a result of the false start; however, I apply little weight to that as an aggravating feature. In mitigation I must consider Mr Martin's record unde the rule and his admission of the breach, for which I apply a modest discount.
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: e9a3005f6a88262a6145ee0a2437c25c
informantnumber: A10263
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Delaying the Start
plea: admitted
penaltyrequired: 1
decisiondate: 27/03/2019
hearing_title: Manawatu HRC 27 March 2019 - R 1 - Chair, Mr T Utikere
charge:
facts:
Following the running of Race 1 (1st Race Friday Night 5.19pm Handicap Trot), Information A10263 was filed with the Judicial Committee. It alleged a breach of Rule 857(7)(a) by Licensed Driver Mr G Martin and stated that "You caused the start to be delayed by allowing DANKE to breach the barrier prior to its release resulting in a False Start to be declared".
Rule 857(7)(a) states: "No horseman shall:-...delay the start:"
Mr Martin signed the Information as admitting the breach which was also endorsed with "I do not wish to be present at the hearing of this Information".
Using the head-on film Mr Muirhead identified DANKE who had drawn two on the 30 metre line. That horse was then observed to have improved ahead of the tapes prior to its release, with the tape becoming entangled in its legs, causing interference to Mr Phelan's horse which had drawn one on the 30 metre mark. Mr Muirhead also advised that while stewards had spoken with the starter Mr Phillips, the side-on film also gave a close up view of what had happened. The respondent had indicated to stewards that his horse had grabbed the bit and gone forward by itself, but he was not present to confirm that.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the charge was admitted, the Committee deemed the charge proved.
sumissionsforpenalty:
Mr Muirhead identified that the JCA Penalty Guide stated a starting point for a breach of this rule as a $300 fine or a six drives suspension. He identified the respondent's early admission of the breach and his clear record under the rule. While this was a standing start, it was possible that the false start had stirred up and upset other runners, which may be considered as an aggravating feature.
reasonsforpenalty:
The respondent had elected not to attend the hearing, so it has been difficult to understand his position on the submissions of the RIU. Nonetheless, the JCA Penalty Guide identifies a $300 fine as a starting point for a breach of this nature, which I consider appropriate to adopt. It is clear from the side-on film that Mr Martin says something to his horse, prior to it advancing forward of the tape; without having him present, it's unclear what he would have purported to have said. In any event it's clear that the premature advancement of his horse has also caused inconvenience to Mr Phelan on his inside. While standing starts can be fickle at times, runners may have been a little hesitant as a result of the false start; however, I apply little weight to that as an aggravating feature. In mitigation I must consider Mr Martin's record unde the rule and his admission of the breach, for which I apply a modest discount.
penalty:
Mr Martin is fined $250.
hearing_type: Hearing
Rules: 857(7)(a)
Informant: Mr J Muirhead - Senior Stipendiary Steward
JockeysandTrainer: Mr G Martin - Licensed Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: b53b0020136a70fdf483ab0f1c51b2c1
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 68d15d05e3fcfd4261cfb64b6e52f2e2
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 27/03/2019
meet_title: Manawatu HRC - 27 March 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: manawatu-hrc
meet_racingtype: harness-racing
meet_chair: TUtikere
meet_pm1: none
meet_pm2: none
name: Manawatu HRC