Ashburton TC 27 February 2011 – R 9
ID: JCA17718
Meet Title:
Ashburton TC - 27 February 2011
Meet Chair:
RMcKenzie
Meet Committee Member 1:
PRosanowski
Race Date:
2011/02/27
Race Number:
R 9
Decision:
As the breach was admitted the charge was foudn proved.
Penalty:
Mr Orange was fined the sum of $600.
Charge:
Following the running of Race 9, Ben Waldron Racing Stables Mobile Pace, an information was filed by Stipendiary Steward, Mr N G McIntyre against Licensed Open Horseman, Mr B N Orange, alleging a breach of Rule 869 (2) (c) in that Mr Orange, as the driver of MAGICAL MEL in the race, “projected his whip outside the confines of the sulky in the run home”.
Mr Orange was present at the hearing of the information and he indicated that he admitted the breach.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(c) project his whip outside the sulky or draw his whip further back than the sulky seat.
Facts:
Mr McIntyre showed a video replay of the final 200-300 metres of Race 9. He pointed out Mr Orange, driving MAGICAL MEL, racing 3-back on the markers entering the home straight. Mr Orange then got a run outside of runners and he could be clearly seen to be using his whip outside the confines of the sulky. Mr McIntyre said that he counted 7 or 8 times. Mr Orange submitted that it was not that many.
Submissions for Penalty:
Mr McIntyre advised the Committee of Mr Orange’s record under the Rule. On each of 15 June 2010 and 24 August 2010, Mr Orange had been fined the sum of $200. On 10 December 2010, he had been fined $350 and had received a warning from the Judicial Committee, on that occasion, that any further breach would result in a suspension.
Mr McIntyre said that Mr Orange would have, on average, 5-6 drives per race meeting. This was accepted by Mr Orange. He submitted that a suspension for 2 driving days was appropriate or a fine of $500, which equated to 2 driving days.
Mr Orange said that he had been trying hard not to breach the Rule. He had tried to control his actions but it had become a “habit”. He urged the Committee to impose a fine rather than suspend his licence. He explained that he had engagements to drive at the meeting of Auckland TC on 4 March next which included a drive in a Group 1 race and in heats of the Great Northern Derby, a $400,000 race. He had obligations to owners and had already booked his air tickets. It would also seriously impact on his financial position, he said.
Reasons for Penalty:
In determining penalty, the Committee took into account Mr Orange’s frank admission of the breach. However, the Committee was concerned at Mr Orange’s record under the Rule which could be described as poor, at best. This breach was the fourth in only 8 months!
The Committee considered Mr Orange’s submissions for a fine rather than a suspension. Notwithstanding the warning given by the Judicial Committee at Auckland on 10 December last, and by a very fine margin, the Committee decided that a fine would suffice.
The Committee took into account the important need to deter Mr Orange from reoffending. But for Mr Orange’s submissions, the Committee would have imposed a suspension of 2 driving days. The Committee decided that it was appropriate to substitute a fine of $600, taking into account the concession to allow Mr Orange to drive at the upcoming Auckland meeting. In the Committee’s view, this is the least penalty that will operate as a deterrent.
Finally, the Committee issued a warning to Mr Orange that a further breach of the Rule will almost inevitably result in a suspension of his horseman’ s licence, regardless of the circumstances.
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: e3da260d8b6c3727ca5d8d197b955b42
informantnumber: 69463
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 24/02/2011
hearing_title: Ashburton TC 27 February 2011 - R 9
charge:
Following the running of Race 9, Ben Waldron Racing Stables Mobile Pace, an information was filed by Stipendiary Steward, Mr N G McIntyre against Licensed Open Horseman, Mr B N Orange, alleging a breach of Rule 869 (2) (c) in that Mr Orange, as the driver of MAGICAL MEL in the race, “projected his whip outside the confines of the sulky in the run home”.
Mr Orange was present at the hearing of the information and he indicated that he admitted the breach.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(c) project his whip outside the sulky or draw his whip further back than the sulky seat.
facts:
Mr McIntyre showed a video replay of the final 200-300 metres of Race 9. He pointed out Mr Orange, driving MAGICAL MEL, racing 3-back on the markers entering the home straight. Mr Orange then got a run outside of runners and he could be clearly seen to be using his whip outside the confines of the sulky. Mr McIntyre said that he counted 7 or 8 times. Mr Orange submitted that it was not that many.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the breach was admitted the charge was foudn proved.
sumissionsforpenalty:
Mr McIntyre advised the Committee of Mr Orange’s record under the Rule. On each of 15 June 2010 and 24 August 2010, Mr Orange had been fined the sum of $200. On 10 December 2010, he had been fined $350 and had received a warning from the Judicial Committee, on that occasion, that any further breach would result in a suspension.
Mr McIntyre said that Mr Orange would have, on average, 5-6 drives per race meeting. This was accepted by Mr Orange. He submitted that a suspension for 2 driving days was appropriate or a fine of $500, which equated to 2 driving days.
Mr Orange said that he had been trying hard not to breach the Rule. He had tried to control his actions but it had become a “habit”. He urged the Committee to impose a fine rather than suspend his licence. He explained that he had engagements to drive at the meeting of Auckland TC on 4 March next which included a drive in a Group 1 race and in heats of the Great Northern Derby, a $400,000 race. He had obligations to owners and had already booked his air tickets. It would also seriously impact on his financial position, he said.
reasonsforpenalty:
In determining penalty, the Committee took into account Mr Orange’s frank admission of the breach. However, the Committee was concerned at Mr Orange’s record under the Rule which could be described as poor, at best. This breach was the fourth in only 8 months!
The Committee considered Mr Orange’s submissions for a fine rather than a suspension. Notwithstanding the warning given by the Judicial Committee at Auckland on 10 December last, and by a very fine margin, the Committee decided that a fine would suffice.
The Committee took into account the important need to deter Mr Orange from reoffending. But for Mr Orange’s submissions, the Committee would have imposed a suspension of 2 driving days. The Committee decided that it was appropriate to substitute a fine of $600, taking into account the concession to allow Mr Orange to drive at the upcoming Auckland meeting. In the Committee’s view, this is the least penalty that will operate as a deterrent.
Finally, the Committee issued a warning to Mr Orange that a further breach of the Rule will almost inevitably result in a suspension of his horseman’ s licence, regardless of the circumstances.
penalty:
Mr Orange was fined the sum of $600.
hearing_type: Hearing
Rules: 869(2)(c)
Informant: NG McIntyre - Stipendiary Steward
JockeysandTrainer: BN Orange - Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: fa639f19e82918cfb5232a9d75e3463e
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 7db5c90276fc2332a792c23f1352e527
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 27/02/2011
meet_title: Ashburton TC - 27 February 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: ashburton-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: PRosanowski
meet_pm2: none
name: Ashburton TC