Archive Decision

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Racing Te Aroha – 4 April 2009 – Race 5

ID: JCA19775

Hearing Type:
Old Hearing

Rules:
871.3

Code:
Thoroughbred

Hearing Type (Code):
thoroughbred-racing

Meet Title:
Racing Te Aroha - 4 April 2009

Race Date:
2009/04/04

Race Number:
Race 5

Decision:

This enquiry arose from the Te Aroha meeting on 4 April 09 and because the defendant Mr Peard had left the course that day the charge was held at today’s meeting as Ellerslie.  The Information was filed pursuant to Rule 871 (3) by the Informant Mr R Sanders.  He alleged that Mr Peard, rider of Im Isac in Race 8, had made a celebratory gesture prior to the winning post. 



This enquiry arose from the Te Aroha meeting on 4 April 09 and because the defendant Mr Peard had left the course that day the charge was held at today’s meeting as Ellerslie.  The Information was filed pursuant to Rule 871 (3) by the Informant Mr R Sanders.  He alleged that Mr Peard, rider of Im Isac in Race 8, had made a celebratory gesture prior to the winning post.  Mr Peard did not admit the charge.

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Mr J Oatham demonstrated the video films and showed Mr Peard raising his right hand prior to the winning post as well as turning his head to the left. 

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Mr Sanders said there was no intent on Mr Peard’s part to bring the whip down and it was clearly a celebratory gesture prior to the post.

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Mr Peard said he had a bad habit of turning his head when passing the post and this had no relevance to the charge.  He admitted making a celebratory gesture but in his opinion this was past the post.  He relied on the head on film which did not show where the winning post was in relationship to the gesture.

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DECISION

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The Committee considered all evidence and is clearly satisfied on reviewing the films that the celebratory gesture made by Mr Peard was before the winning post.  Accordingly we find the charge proven.

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PENALTY SUBMISSIONS

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Mr Sanders said it was inconclusive as to where the post was on the head on film on which Mr Peard was relying.  He said in the interests of safety this rule must be adhered to.  He submitted a fine of $200 - $300 was appropriate.

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Mr Peard said this was his first charge for a celebratory gesture.

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PENALTY

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The Committee considered all submissions in particular that the incident was very close to the post, it was not over exuberant and that it was Mr Peard’s first charge under this rule.  Accordingly we impose a fine of $250.00.

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Richard Seabrook

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Chair

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: 6bdb44816b8a096f78a103dd996ca390


informantnumber:


horsename:


hearing_racingtype: thoroughbred-racing


startdate: 04/04/2009


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Racing Te Aroha - 4 April 2009 - Race 5


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

This enquiry arose from the Te Aroha meeting on 4 April 09 and because the defendant Mr Peard had left the course that day the charge was held at today’s meeting as Ellerslie.  The Information was filed pursuant to Rule 871 (3) by the Informant Mr R Sanders.  He alleged that Mr Peard, rider of Im Isac in Race 8, had made a celebratory gesture prior to the winning post. 



This enquiry arose from the Te Aroha meeting on 4 April 09 and because the defendant Mr Peard had left the course that day the charge was held at today’s meeting as Ellerslie.  The Information was filed pursuant to Rule 871 (3) by the Informant Mr R Sanders.  He alleged that Mr Peard, rider of Im Isac in Race 8, had made a celebratory gesture prior to the winning post.  Mr Peard did not admit the charge.

--

 

--

Mr J Oatham demonstrated the video films and showed Mr Peard raising his right hand prior to the winning post as well as turning his head to the left. 

--

 

--

Mr Sanders said there was no intent on Mr Peard’s part to bring the whip down and it was clearly a celebratory gesture prior to the post.

--

 

--

Mr Peard said he had a bad habit of turning his head when passing the post and this had no relevance to the charge.  He admitted making a celebratory gesture but in his opinion this was past the post.  He relied on the head on film which did not show where the winning post was in relationship to the gesture.

--

 

--

 

--

DECISION

--

 

--

The Committee considered all evidence and is clearly satisfied on reviewing the films that the celebratory gesture made by Mr Peard was before the winning post.  Accordingly we find the charge proven.

--

 

--

PENALTY SUBMISSIONS

--

 

--

Mr Sanders said it was inconclusive as to where the post was on the head on film on which Mr Peard was relying.  He said in the interests of safety this rule must be adhered to.  He submitted a fine of $200 - $300 was appropriate.

--

 

--

Mr Peard said this was his first charge for a celebratory gesture.

--

 

--

PENALTY

--

 

--

The Committee considered all submissions in particular that the incident was very close to the post, it was not over exuberant and that it was Mr Peard’s first charge under this rule.  Accordingly we impose a fine of $250.00.

--

 

--

Richard Seabrook

--

Chair


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hearing_type: Old Hearing


Rules: 871.3


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