Archive Decision

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Nelson HRC – 8 June 2008 – Race 3

ID: JCA20774

Hearing Type:
Old Hearing

Rules:
857.7.g

Hearing Type (Code):
harness-racing

Meet Title:
Nelson HRC - 8 June 2008

Race Date:
2008/06/08

Race Number:
Race 3

Decision:

Following the running of race three on the programme, an Information was lodged against Mr P Davis, alleging a breach of Rule 857(7)(g) in that, as the driver of Blushing Babe, he failed to come up into and/or maintain his position.



Following the running of race three on the programme, an Information was lodged against Mr P Davis, alleging a breach of Rule 857(7)(g) in that, as the driver of Blushing Babe, he failed to come up into and/or maintain his position.

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Mr Davis admitted the breach.

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Explaining the circumstances, Mr Ydgren referred to the film of the mobile event. He showed Mr Davis toward the outside of the front row on Blushing Babe, and he referred to his obligations under the Rule, particularly with the outside horse not in position, to be up on the gate early. However, at no stage did Mr Davis get up on the gate and, at the start point, he was 1 1/2 to 2 lengths back off the gate.

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In respect to penalty, Mr Ydgren said Mr Davis had not previously appeared on a breach of this Rule and, guided by the JCA guidelines, he recommended a monetary penalty.

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In his submissions, Mr Davis said he was aware his horse had previously caused a false start and he was instructed not to get up to the gate too early.

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To the chairman, he conceded he was further back at the start of the race than he had been earlier but he said that, as was evident by the film, he was having trouble with the horse getting his head around. This being the case, he said he was looking after the horse, wanted to get away well, and may perhaps have misjudged the start point.

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He said it wasn’t with any intent and he asked that these points be taken into account.

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Penalty:

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Mr Davis has admitted a breach of Rule 857(7)(g) in that, as the driver of Blushing Babe, he failed to come up into and/or maintain his position (at the start).

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The evidence showed that Mr Davis was back off the gate at the start of the race and, in mitigation, he indicated he was having trouble with his horse and, aware of her tendencies, he was looking after her and may have misjudged his position.

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Whilst Mr Davis acknowledged an error of judgement, I also accept, as evidenced by the film, that he appeared to be having some difficulty with Blushing Babe leading up to the start, and I will take that into consideration in determining penalty.

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A standard penalty for a breach under this Rule may be a fine in the order of $250.00. Giving credit to Mr Davis for his open admissions, and having not previously appeared on a breach of this nature, he is fined the sum of $150.00.

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P H Welch

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Chairman

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: 8f9cd5db677a638df48702bb0c4dfd32


informantnumber:


horsename:


hearing_racingtype: harness-racing


startdate: 08/06/2008


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Nelson HRC - 8 June 2008 - Race 3


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Following the running of race three on the programme, an Information was lodged against Mr P Davis, alleging a breach of Rule 857(7)(g) in that, as the driver of Blushing Babe, he failed to come up into and/or maintain his position.



Following the running of race three on the programme, an Information was lodged against Mr P Davis, alleging a breach of Rule 857(7)(g) in that, as the driver of Blushing Babe, he failed to come up into and/or maintain his position.

--

--

Mr Davis admitted the breach.

--

--

Explaining the circumstances, Mr Ydgren referred to the film of the mobile event. He showed Mr Davis toward the outside of the front row on Blushing Babe, and he referred to his obligations under the Rule, particularly with the outside horse not in position, to be up on the gate early. However, at no stage did Mr Davis get up on the gate and, at the start point, he was 1 1/2 to 2 lengths back off the gate.

--

--

In respect to penalty, Mr Ydgren said Mr Davis had not previously appeared on a breach of this Rule and, guided by the JCA guidelines, he recommended a monetary penalty.

--

--

In his submissions, Mr Davis said he was aware his horse had previously caused a false start and he was instructed not to get up to the gate too early.

--

--

To the chairman, he conceded he was further back at the start of the race than he had been earlier but he said that, as was evident by the film, he was having trouble with the horse getting his head around. This being the case, he said he was looking after the horse, wanted to get away well, and may perhaps have misjudged the start point.

--

He said it wasn’t with any intent and he asked that these points be taken into account.

--

--

Penalty:

--

--

Mr Davis has admitted a breach of Rule 857(7)(g) in that, as the driver of Blushing Babe, he failed to come up into and/or maintain his position (at the start).

--

--

The evidence showed that Mr Davis was back off the gate at the start of the race and, in mitigation, he indicated he was having trouble with his horse and, aware of her tendencies, he was looking after her and may have misjudged his position.

--

--

 

--

Whilst Mr Davis acknowledged an error of judgement, I also accept, as evidenced by the film, that he appeared to be having some difficulty with Blushing Babe leading up to the start, and I will take that into consideration in determining penalty.

--

--

A standard penalty for a breach under this Rule may be a fine in the order of $250.00. Giving credit to Mr Davis for his open admissions, and having not previously appeared on a breach of this nature, he is fined the sum of $150.00.

--

--

 

--

 

--

 

--

 

--

P H Welch

--

Chairman


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Old Hearing


Rules: 857.7.g


Informant:


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 8ba9cfecaaebd4a5a5fda457804df11a


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: Race 3


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 92af24a32c805462df7e27398c14c050


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 08/06/2008


meet_title: Nelson HRC - 8 June 2008


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: nelson-hrc


meet_racingtype: harness-racing


meet_chair:


meet_pm1:


meet_pm2:


name: Nelson HRC