Morrinsville TC – 15 October 2009 – Race 5
ID: JCA20856
Hearing Type (Code):
harness-racing
Meet Title:
Morrinsville TC - 15 October 2009
Race Date:
2009/10/15
Race Number:
Race 5
Decision:
An Information was lodged by Stipendiary Stewards TW Taumanu and JM Muirhead against Horseman Mr S Reid alleging that Mr Reid failed to start his horse Freestyler from the correct mobile barrier position in that he started from barrier number 7 instead of his drawn barrier of number 8.
--
An Information was lodged by Stipendiary Stewards TW Taumanu and JM Muirhead against Horseman Mr S Reid alleging that Mr Reid failed to start his horse Freestyler from the correct mobile barrier position in that he started from barrier number 7 instead of his drawn barrier of number 8.
--Mr Reid admitted the charge and was present at the Hearing.
--Rule 862(2) provides:
--“No Horseman shall permit a horse to start and no horse shall start other than from its correct barrier position (either at a standing or mobile start) unless directed by the Starter in accordance with Rule 860(8).”.
--Rule 857(7)(d) provides:
--“No Horseman shall come to the starting gate out of position.”.
--Mr Reid consented to the use of the evidence taken at the Protest Hearing which had just previously been held into the placing of Freestyler in Race 5 and Mr Taumanu also advised this Committee that he relied on that evidence.
--The film of the race had shown that in the run up to the start horse 7 Alta Onassis had broken and lost all chance and that Mr Reid driving Freestyler had moved in from barrier 8 to barrier 7 prior to the start.
--PENALTY
--Mr Taumanu pointed to the fact that Freestyler had lost its second placing as a result of the protest and that the owners of the horse had lost the stake for second place of $1,175.00. This was a serious matter as far as Mr Taumanu was concerned and this needed to be reflected in the penalty.
--Mr Taumanu pointed to the fact that last year Mr B driving AT had been guilty of the same charge and was fined $600.00. Mr Taumanu pointed out that the JCA Guidelines provided for a fine of $400.00 for a breach of Rule 262(2). The Committee noted that the JCA Guidelines provided for a fine of $250.00 for a breach of Rule 857(7)(d) but this was not pursued by Mr Taumanu.
--Mr Taumanu also suggested an alternative penalty of $400.00 plus a suspension of Mr Reid’s Horseman’s Licence for two driving days.
--Mr Reid for his part acknowledged his error and he has of course pleaded guilty to the charge. He thought that Mr B in the previous matter had been fined $400.00 but it was confirmed by Mr Taumanu that the fine was in fact $600.00. It is the Committee’s understanding that that fine was $600.00.
--Mr Reid pointed out that it was the first time that he had been guilty of this type of offence.
--Mr Taumanu also pointed out that in all his dealings with Mr Reid he has found him to be very open and frank and co-operative and he also has a good driving record. Mr Reid has numerous drives each Race Day.
--DECISION
--The Committee has looked at the evidence presented to it and of course on the basis that Mr Reid has admitted the charge then we must find the charge proven.
--We take the view that the charges are in the alternative under the two Rules but that because of the greater fine recommended for it, the charge under Rule 862(2) is the more serious of the two.
--The result of Mr Reid’s actions has meant that the owners of Freestyler have lost a stake for second placing and this is a serious matter and any penalty must reflect this. The Committee must also be mindful of the need for consistency in penalties.
--Mr Reid is given credit for the fact that he has pleaded guilty and for his co-operation which was advised to us by Mr Taumanu.
--The Committee notes the recommended fine of $400.00 in the JCA Guidelines.
--Taking all the above matters into account this Committee imposes a fine of $500.00 on Mr Reid.
--
BJ Scott JN Holloway
CHAIR Committee Member
68129
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: 70661f79025e4dde5ee39aa56c735748
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 15/10/2009
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Morrinsville TC - 15 October 2009 - Race 5
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
An Information was lodged by Stipendiary Stewards TW Taumanu and JM Muirhead against Horseman Mr S Reid alleging that Mr Reid failed to start his horse Freestyler from the correct mobile barrier position in that he started from barrier number 7 instead of his drawn barrier of number 8.
--
An Information was lodged by Stipendiary Stewards TW Taumanu and JM Muirhead against Horseman Mr S Reid alleging that Mr Reid failed to start his horse Freestyler from the correct mobile barrier position in that he started from barrier number 7 instead of his drawn barrier of number 8.
--Mr Reid admitted the charge and was present at the Hearing.
--Rule 862(2) provides:
--“No Horseman shall permit a horse to start and no horse shall start other than from its correct barrier position (either at a standing or mobile start) unless directed by the Starter in accordance with Rule 860(8).”.
--Rule 857(7)(d) provides:
--“No Horseman shall come to the starting gate out of position.”.
--Mr Reid consented to the use of the evidence taken at the Protest Hearing which had just previously been held into the placing of Freestyler in Race 5 and Mr Taumanu also advised this Committee that he relied on that evidence.
--The film of the race had shown that in the run up to the start horse 7 Alta Onassis had broken and lost all chance and that Mr Reid driving Freestyler had moved in from barrier 8 to barrier 7 prior to the start.
--PENALTY
--Mr Taumanu pointed to the fact that Freestyler had lost its second placing as a result of the protest and that the owners of the horse had lost the stake for second place of $1,175.00. This was a serious matter as far as Mr Taumanu was concerned and this needed to be reflected in the penalty.
--Mr Taumanu pointed to the fact that last year Mr B driving AT had been guilty of the same charge and was fined $600.00. Mr Taumanu pointed out that the JCA Guidelines provided for a fine of $400.00 for a breach of Rule 262(2). The Committee noted that the JCA Guidelines provided for a fine of $250.00 for a breach of Rule 857(7)(d) but this was not pursued by Mr Taumanu.
--Mr Taumanu also suggested an alternative penalty of $400.00 plus a suspension of Mr Reid’s Horseman’s Licence for two driving days.
--Mr Reid for his part acknowledged his error and he has of course pleaded guilty to the charge. He thought that Mr B in the previous matter had been fined $400.00 but it was confirmed by Mr Taumanu that the fine was in fact $600.00. It is the Committee’s understanding that that fine was $600.00.
--Mr Reid pointed out that it was the first time that he had been guilty of this type of offence.
--Mr Taumanu also pointed out that in all his dealings with Mr Reid he has found him to be very open and frank and co-operative and he also has a good driving record. Mr Reid has numerous drives each Race Day.
--DECISION
--The Committee has looked at the evidence presented to it and of course on the basis that Mr Reid has admitted the charge then we must find the charge proven.
--We take the view that the charges are in the alternative under the two Rules but that because of the greater fine recommended for it, the charge under Rule 862(2) is the more serious of the two.
--The result of Mr Reid’s actions has meant that the owners of Freestyler have lost a stake for second placing and this is a serious matter and any penalty must reflect this. The Committee must also be mindful of the need for consistency in penalties.
--Mr Reid is given credit for the fact that he has pleaded guilty and for his co-operation which was advised to us by Mr Taumanu.
--The Committee notes the recommended fine of $400.00 in the JCA Guidelines.
--Taking all the above matters into account this Committee imposes a fine of $500.00 on Mr Reid.
--
BJ Scott JN Holloway
CHAIR Committee Member
68129
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 862.2, 860.8, 857.7.d, 262.2
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: a5433130eea0b9ecc86a8311ff8bc5d2
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 5
submittochair:
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meetid: 922947493e10e788c97355f26c1ff8f8
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 15/10/2009
meet_title: Morrinsville TC - 15 October 2009
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: morrinsville-tc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Morrinsville TC