Ashburton TC 3 June 2018 – R 8 – Chair, Mr G Clapp

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startdate: 03/06/2018

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hearing_title: Ashburton TC 3 June 2018 - R 8 - Chair, Mr G Clapp

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Decision:

RACEDAY JUDICIAL COMMITTEE DECISION

Informant: S P Renault – Stipendiary Steward

Respondent: R A Payne – Open Horseman

Information No: A09645

Meeting: Ashburton Trotting Club

Date: 3 June 2018

Venue: Ashburton Raceway

Race: 8

Rule No: 869 (7A) (b)

Judicial Committee: G J Clapp, Chairman – S C Ching, Panellist.

Charge: Protruding inside the marker line

Plea: Admitted

Evidence:

Mr Renault, Stipendiary Steward, alleged that Mr Payne had allowed his horse to protrude inside the marker line prior to the passing lane on his drive of AWAYOVERNIGHT in Race 8, the AURIC ELECTRICAL MOBILE PACE.

Rule 869 (7A) (b) provides as follows:

(7A) Every horseman who moves inwards shall ensure:

(b) that any part of the sulky does not protrude inside the marker line.

Mr Payne had signed the Statement by the Respondent on the information form indicating that he admitted the breach. He had also elected the option that he did not wish to be present at the hearing of the information.

Mr Renault had Mr Quirk, Stipendiary Steward, demonstrate Mr Payne’s alleged breach on the videos. He showed Mr Payne driving AWAYOVERNIGHT on the turn for home situated in the trail. He pointed out the sulky wheel brushing the first pylon and then shifting inwards going over the next pylon with the sulky after brushing the pylon with the horse's left front leg.

He further added that My Payne had shifted down too early when looking to take advantage of the passing lane. Mr Payne had told Mr Renault that he was having trouble with visibility at the time and did not realise where the last pylon was.

The Stewards held up payments on first place until they were confident he had not gained an advantage. Mr Renault added that Mr Payne was in a good position at the time and always going to get a good run.

Decision:

Mr Payne has admitted the breach, it is therefore found to be proved.

Submissions for Penalty:

Mr Renault told the committee that Mr Payne had a clear record under the provisions of this rule. He has had 35 drives this season and 32 last season.

The penalty guide suggests a 4-day suspension or a fine $200.

Mr Renault told the Committee that this was a very similar breach of the Rule by Mr R McIIwrick, at Waikouaiti, 26 February 2018. In that instance he was fined $200.

Reasons:

The Penalty Guide provides a 4 drive suspension or a $200 fine as penalty for a breach of this rule. There were no aggravating factors to consider, therefore an uplift in penalty was not warranted. Mr Renault’s reference to the recent case where the circumstances were almost identical, was of assistance.

Taking all factors into consideration and for the sake of consistency we determined that a fine of $200 was an appropriate penalty in this case.

Penalty:

Mr Payne is fined the sum of $200.

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hearing_type: Old Hearing

Rules: 869(7A)(b)

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