Auckland TC 19 February 2021 – R 8 – Chair, Mr G Jones
ID: JCA17708
Meet Title:
Auckland TC - 19 February 2021
Meet Chair:
GJones
Race Date:
2021/02/19
Race Number:
R8
Decision:
Pursuant to Rule 1111(1)(d) as Mr Hollis admitted the breach the Committee found the charge proved.
Penalty:
Mr Hollis was fined the sum of $200.
Facts:
Following the running of Race 8, the Breckon Farms Young Guns C&G Heat 4 Mobile Pace 1700m, an Information was filed by Senior Stipendiary Steward, Mr Mulcay alleging Open Driver Mr L Hollis breached 869(7A)(b) in that he shifted his colt (MR IBIZA) into the passing lane in the run home and raced over marker pegs.
Mr Hollis endorsed the Information ‘I do admit the breach of the Rule’. At the commencement of the hearing, he confirmed his plea and that he understood the Rule and the nature of the charge.
Rule (7A) provides that:
Every driver who moves inwards shall ensure:
(a) that contact is not made with any track marker
(b) that any part of the sulky does not protrude inside the marker line.
Mr Mulcay advised that prior to placings and dividends being confirmed after the running of Race 8 an investigation was conducted to determine whether MR IBIZA (3rd place) had gained an unfair advantage when racing over marker pegs in the run home. He said that the investigation determined that there was sufficient room, and no other horse was disadvantaged, and MR IBIZA did not gain any advantage.
Confirmation of placings and dividends was approved on that basis.
Using available video footage Mr Mulcay demonstrated that in the run up of the home straight MR IBIZA contacted four marker pegs. He said that there was minimal contact with the sulky and when interviewed Mr Hollis advised he was totally unaware that he had gone inside the marker line.
Mr Hollis freely confirmed that he was unaware he had drifted into the marker line in run up the straight.
Submissions for Penalty:
Mr Mulcay submitted that Mr Hollis has a clear record with no breaches relevant to the present charge (or any other Rule) within the past 12 months. In mitigation he said that Mr Hollis should be given credit for admitting the breach at the first opportunity. He submitted a fine in the vicinity of the $200 Penalty Guide starting point would be an appropriate penalty.
In his submission as to penalty Mr Hollis agreed that a fine would be appropriate. No deferment was sought, should a suspension be considered.
Reasons for Penalty:
The JCA Penalty Guide provides a starting point of a 4-drive suspension or a $200 fine for a breach of this Rule. The Committee has noted that similar recent breaches have incurred penalties ranging from fines between $100 to $450 and limited number of 1 to 3-day suspensions. Clearly each case is fact dependant.
After considering the submissions of both the Informant and Respondent the Committee determined the level of breach to be low to mid range.
MR IBIZA was not advantaged and nor was any other runner disadvantaged by the breach. Mr Hollis was oblivious to the fact that his drive had shifted down into the marker line.
In the final result a $200 fine was determined to be an appropriate penalty in the circumstances of this case.
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: e2736eb04636c1c27b9d6689bd8e70b5
informantnumber: A12984
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Shifting into marker line
plea: admitted
penaltyrequired: 1
decisiondate: 20/02/2021
hearing_title: Auckland TC 19 February 2021 – R 8 – Chair, Mr G Jones
charge:
facts:
Following the running of Race 8, the Breckon Farms Young Guns C&G Heat 4 Mobile Pace 1700m, an Information was filed by Senior Stipendiary Steward, Mr Mulcay alleging Open Driver Mr L Hollis breached 869(7A)(b) in that he shifted his colt (MR IBIZA) into the passing lane in the run home and raced over marker pegs.
Mr Hollis endorsed the Information ‘I do admit the breach of the Rule’. At the commencement of the hearing, he confirmed his plea and that he understood the Rule and the nature of the charge.
Rule (7A) provides that:
Every driver who moves inwards shall ensure:
(a) that contact is not made with any track marker
(b) that any part of the sulky does not protrude inside the marker line.
Mr Mulcay advised that prior to placings and dividends being confirmed after the running of Race 8 an investigation was conducted to determine whether MR IBIZA (3rd place) had gained an unfair advantage when racing over marker pegs in the run home. He said that the investigation determined that there was sufficient room, and no other horse was disadvantaged, and MR IBIZA did not gain any advantage.
Confirmation of placings and dividends was approved on that basis.
Using available video footage Mr Mulcay demonstrated that in the run up of the home straight MR IBIZA contacted four marker pegs. He said that there was minimal contact with the sulky and when interviewed Mr Hollis advised he was totally unaware that he had gone inside the marker line.
Mr Hollis freely confirmed that he was unaware he had drifted into the marker line in run up the straight.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Pursuant to Rule 1111(1)(d) as Mr Hollis admitted the breach the Committee found the charge proved.
sumissionsforpenalty:
Mr Mulcay submitted that Mr Hollis has a clear record with no breaches relevant to the present charge (or any other Rule) within the past 12 months. In mitigation he said that Mr Hollis should be given credit for admitting the breach at the first opportunity. He submitted a fine in the vicinity of the $200 Penalty Guide starting point would be an appropriate penalty.
In his submission as to penalty Mr Hollis agreed that a fine would be appropriate. No deferment was sought, should a suspension be considered.
reasonsforpenalty:
The JCA Penalty Guide provides a starting point of a 4-drive suspension or a $200 fine for a breach of this Rule. The Committee has noted that similar recent breaches have incurred penalties ranging from fines between $100 to $450 and limited number of 1 to 3-day suspensions. Clearly each case is fact dependant.
After considering the submissions of both the Informant and Respondent the Committee determined the level of breach to be low to mid range.
MR IBIZA was not advantaged and nor was any other runner disadvantaged by the breach. Mr Hollis was oblivious to the fact that his drive had shifted down into the marker line.
In the final result a $200 fine was determined to be an appropriate penalty in the circumstances of this case.
penalty:
Mr Hollis was fined the sum of $200.
hearing_type: Hearing
Rules: 869(7A(b)
Informant: Mr S Mulcay - Senior Stipendiary Steward
JockeysandTrainer: Mr L Hollis - Open Driver
Otherperson: Mr A Dooley - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 7bdd6d4d873b1a5d4451f33a1c407c04
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 224d33c50e276296d74c0880a65ab9f0
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 19/02/2021
meet_title: Auckland TC - 19 February 2021
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: GJones
meet_pm1: none
meet_pm2: none
name: Auckland TC