Archive Decision

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Wyndham HRC 6 November 2011 – R 10

ID: JCA17874

Applicant:
Mr S P Renault - Stipendiary Steward

Respondent(s):
Mr B D McLellan - Driver of HOLLY PATRON

Information Number:
A5060

Hearing Type:
Hearing

Rules:
857(7)(g)

Plea:
denied

Meet Title:
Wyndham HRC - 6 November 2011

Meet Chair:
NSkelt

Meet Committee Member 1:
ADennis

Race Date:
2011/11/06

Race Number:
Race 10

Decision:

The Committee found the charge proved.

Penalty:

The Committee accordingly imposed a fine of $200.00 on Mr McLellan.

Charge:

At the conclusion of Race 10 an information was lodged by Stipendiary Steward Mr S P Renault alleging that Mr B D McLellan (Holly Patron) had failed to come up into his barrier position.

Facts:

Stipendiary Steward Mr Renault used several video clips of the alleged incident to demonstrate the position of Holly Patron prior to the start of the race. Holly Patron started from the number eight position on the front row and in Mr Renault's opinion drifted back off the gate with the second line horses prior to the start.

Submissions for Decision:

Mr Renault stated that Mr McLellan had a responsibility under the rule to ensure the horse started in its correct position and in this case he did not do so. 

Mr McLellan said that his horse Holly Patron was flat and couldn't muster enough speed to keep on the gate.

Mr McLellan also stated that he did not believe his horse could handle the slushy conditions.

Reasons for Decision:

The Committee was satisfied that a clear breach of the rule had occurred and that at no point had Mr McLellan made any effort to keep his horse Holly Patron in the correct position at any stage prior to the beginning of the race. 

There was no evidence of Mr McLellan shaking the reins or showing any vigor or encouraging his horse to keep up.

Submissions for Penalty:

Mr Renault stated that Mr McLellan had four thousand five hundred and seventy one lifetime drives, two hundred and seven last season and thirty six drives this season. 

Mr McLellan had no previous breaches of this rule in the past twelve months. 

Mr Renault believed a fine of two hundred and fifty dollars would be appropriate on this occasion. 

Mr McLellan stated that he thought a fine of two hundred and fifty dollars would be excessive for a breach of this particular rule especially because he believed his horse simply could not keep up in this instance.

Reasons for Penalty:

The Committee considered both Mr Renault's and Mr McLellan's submissions and believed that Mr McLellan had simply made an error of judgement.

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: f8731aa7e2f4e9ea1d30853df95ec056


informantnumber: A5060


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: denied


penaltyrequired: 1


decisiondate: 04/11/2011


hearing_title: Wyndham HRC 6 November 2011 - R 10


charge:

At the conclusion of Race 10 an information was lodged by Stipendiary Steward Mr S P Renault alleging that Mr B D McLellan (Holly Patron) had failed to come up into his barrier position.


facts:

Stipendiary Steward Mr Renault used several video clips of the alleged incident to demonstrate the position of Holly Patron prior to the start of the race. Holly Patron started from the number eight position on the front row and in Mr Renault's opinion drifted back off the gate with the second line horses prior to the start.


appealdecision:


isappeal:


submissionsfordecision:

Mr Renault stated that Mr McLellan had a responsibility under the rule to ensure the horse started in its correct position and in this case he did not do so. 

Mr McLellan said that his horse Holly Patron was flat and couldn't muster enough speed to keep on the gate.

Mr McLellan also stated that he did not believe his horse could handle the slushy conditions.


reasonsfordecision:

The Committee was satisfied that a clear breach of the rule had occurred and that at no point had Mr McLellan made any effort to keep his horse Holly Patron in the correct position at any stage prior to the beginning of the race. 

There was no evidence of Mr McLellan shaking the reins or showing any vigor or encouraging his horse to keep up.


Decision:

The Committee found the charge proved.


sumissionsforpenalty:

Mr Renault stated that Mr McLellan had four thousand five hundred and seventy one lifetime drives, two hundred and seven last season and thirty six drives this season. 

Mr McLellan had no previous breaches of this rule in the past twelve months. 

Mr Renault believed a fine of two hundred and fifty dollars would be appropriate on this occasion. 

Mr McLellan stated that he thought a fine of two hundred and fifty dollars would be excessive for a breach of this particular rule especially because he believed his horse simply could not keep up in this instance.


reasonsforpenalty:

The Committee considered both Mr Renault's and Mr McLellan's submissions and believed that Mr McLellan had simply made an error of judgement.


penalty:

The Committee accordingly imposed a fine of $200.00 on Mr McLellan.


hearing_type: Hearing


Rules: 857(7)(g)


Informant: Mr S P Renault - Stipendiary Steward


JockeysandTrainer: Mr B D McLellan - Driver of HOLLY PATRON


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 65406c18143dc01057afbbf3caf2a295


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: Race 10


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 71cded058940e71b32ce78c068ece41a


meet_expapproval: approved


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 06/11/2011


meet_title: Wyndham HRC - 6 November 2011


meet_expappcomment:


meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "NSkelt", "Member": "", "OtherExpenses": "0", "KMs": "0", "Total": "0.0", "kmprice": 0.0, "Approved": "on"}]


meet_otherexp:


tracklocation: wyndham-hrc


meet_racingtype: harness-racing


meet_chair: NSkelt


meet_pm1: ADennis


meet_pm2: none


name: Wyndham HRC