Archive Decision

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Franklin TC – 9 March 2010 – Race 6

ID: JCA21915

Hearing Type:
Old Hearing

Rules:
858.b

Hearing Type (Code):
harness-racing

Meet Title:
Franklin TC - 9 March 2010

Race Date:
2010/03/09

Race Number:
Race 6

Decision:

FRANKLIN TROTTING CLUB

--

RACEDAY JUDICIAL COMMITTEE DECISIONS

--

TUESDAY 9TH MARCH 2010

--

JCA PANEL: BJ Scott – Chairman,  JN Holloway – Committee

--

RACE NO:          6         INFORMATION NO:        68482    RULE NO:   858(b)

--

An Information was lodged by Deputy Stipendiary Steward Mr SW Wallis against Trainer N Chilcott.   The Information alleges that Miss Chilcott committed a breach of Rule 858(b) by failing to have her horse Mya Grace onto the track with at least 10 minutes before race time.   The advertised start time for this event was 2.52pm and this horse was presented onto the racetrack at 2.47pm being five minutes before the race was due to start.



FRANKLIN TROTTING CLUB

--

RACEDAY JUDICIAL COMMITTEE DECISIONS

--

TUESDAY 9TH MARCH 2010

--

JCA PANEL: BJ Scott – Chairman,  JN Holloway – Committee

--

RACE NO:          6         INFORMATION NO:        68482    RULE NO:   858(b)

--

An Information was lodged by Deputy Stipendiary Steward Mr SW Wallis against Trainer N Chilcott.   The Information alleges that Miss Chilcott committed a breach of Rule 858(b) by failing to have her horse Mya Grace onto the track with at least 10 minutes before race time.   The advertised start time for this event was 2.52pm and this horse was presented onto the racetrack at 2.47pm being five minutes before the race was due to start.

--

Miss Chilcott did not admit the breach and was present.

--

Mr Wallis gave evidence in that he left the Stipendiary Steward’s room prior to Race 6 and that he had to return to the room shortly thereafter and as he did so he heard a horse go past him quickly out into the birdcage and he saw that it was Miss Chilcott and she was moving quite quickly.

--

Mr Wallis said that he looked at his watch and then he also checked the time by using his cellphone and he said that the time was 2.47pm.

--

Miss Chilcott did not have any questions of Mr Wallis.

--

Mr Wallis then called Mr RJ Lynch the Vice President of the Club to give evidence.   Mr Lynch said that he was in charge of handing out coloured caps to the Drivers.   The Club was using coloured caps to improve visibility because of the fencing on the inside of the track.

--

Mr Lynch said that he had made a mistake and given Miss Chilcott the wrong cap and he had to go back and get the correct one to give to her.   Mr Lynch said that he would only have held Miss Chilcott up for approximately one minute.

--

In response to a question from Miss Chilcott, Mr Lynch did confirm that the cap was given to her when she was driving down the chute before going out onto the racetrack. 

--

It did appear to the Committee from the questioning that there was a complete mess up in regards to the handing out of the coloured caps and that initially nobody could find the cap that Miss Chilcott was meant to wear.

--

Miss Chilcott in giving her evidence said that she had been out in the back parade ring and been out there for a few minutes and had let her Attendant go because she had a horse in the next race and it needed to be geared up.   She said that she had followed a horse through the tunnel to the parade ring and she had circled around in the ring for what seemed like ages because she had been waiting for the cap to come.   The first cap that was given to her was wrong and she understood that the correct cap could not be found and that it took some time for this to be located.

--

Miss Chilcott said that she understood her obligation to be in the birdcage and then onto the racetrack in time but because she had let her Attendant go for the reasons stated above she was unable to notify the Stipendary Stewards that she was late.

--

Miss Chilcott said that she was walking around and getting rather desperate because she realised that the time was getting short but she was waiting on the cap and so eventually she had to leave and go into the birdcage and down the chute.   She said that the cap was finally handed to her just prior to her going out onto the track.

--

Miss Chilcott acknowledged that she was late onto the track but she said that she is never late onto the track and this was caused by parties other than herself.

--

In summary Mr Wallis said that the Rule was there for the benefit of the Betting Public and that Miss Chilcott’s horse would not have been warmed up sufficiently.

--

Miss Chilcott for her part said that she acknowledged that she was late but that she still managed to complete a round and a quarter of the track in her warm up and she was there with sufficient time.   She said there were considerable mitigating circumstances.

--

Decision

--

The Committee considered all of the evidence presented to it and pointed out to Miss Chilcott that it was her responsibility to be on the track on time.   She is, of course, aware of this.

--

Miss Chilcott had driven earlier in the day and accordingly knew of the need to have the coloured caps.

--

However, there were circumstances that were quite beyond Miss Chilcott’s control and clearly the correct cap should have been available to Miss Chilcott the first time and if it had have been then there would not have been any confusion or delay.   There are numerous contributing factors to Miss Chilcott being late onto the track and the Committee takes these all into account.

--

Miss Chilcott was however late onto the track and she has acknowledge that and she is aware that it is her responsibility and accordingly the charge is proven.

--

The Committee has some sympathy for Miss Chilcott because of the comedy of errors over the cap and accordingly has decided not to impose any penalty.

--


BJ Scott               JN Holloway
CHAIR                 Committee Member
68482

--

 

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: d40cbf2f97a705dfb6e26339b8d54e66


informantnumber:


horsename:


hearing_racingtype: harness-racing


startdate: 09/03/2010


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Franklin TC - 9 March 2010 - Race 6


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

FRANKLIN TROTTING CLUB

--

RACEDAY JUDICIAL COMMITTEE DECISIONS

--

TUESDAY 9TH MARCH 2010

--

JCA PANEL: BJ Scott – Chairman,  JN Holloway – Committee

--

RACE NO:          6         INFORMATION NO:        68482    RULE NO:   858(b)

--

An Information was lodged by Deputy Stipendiary Steward Mr SW Wallis against Trainer N Chilcott.   The Information alleges that Miss Chilcott committed a breach of Rule 858(b) by failing to have her horse Mya Grace onto the track with at least 10 minutes before race time.   The advertised start time for this event was 2.52pm and this horse was presented onto the racetrack at 2.47pm being five minutes before the race was due to start.



FRANKLIN TROTTING CLUB

--

RACEDAY JUDICIAL COMMITTEE DECISIONS

--

TUESDAY 9TH MARCH 2010

--

JCA PANEL: BJ Scott – Chairman,  JN Holloway – Committee

--

RACE NO:          6         INFORMATION NO:        68482    RULE NO:   858(b)

--

An Information was lodged by Deputy Stipendiary Steward Mr SW Wallis against Trainer N Chilcott.   The Information alleges that Miss Chilcott committed a breach of Rule 858(b) by failing to have her horse Mya Grace onto the track with at least 10 minutes before race time.   The advertised start time for this event was 2.52pm and this horse was presented onto the racetrack at 2.47pm being five minutes before the race was due to start.

--

Miss Chilcott did not admit the breach and was present.

--

Mr Wallis gave evidence in that he left the Stipendiary Steward’s room prior to Race 6 and that he had to return to the room shortly thereafter and as he did so he heard a horse go past him quickly out into the birdcage and he saw that it was Miss Chilcott and she was moving quite quickly.

--

Mr Wallis said that he looked at his watch and then he also checked the time by using his cellphone and he said that the time was 2.47pm.

--

Miss Chilcott did not have any questions of Mr Wallis.

--

Mr Wallis then called Mr RJ Lynch the Vice President of the Club to give evidence.   Mr Lynch said that he was in charge of handing out coloured caps to the Drivers.   The Club was using coloured caps to improve visibility because of the fencing on the inside of the track.

--

Mr Lynch said that he had made a mistake and given Miss Chilcott the wrong cap and he had to go back and get the correct one to give to her.   Mr Lynch said that he would only have held Miss Chilcott up for approximately one minute.

--

In response to a question from Miss Chilcott, Mr Lynch did confirm that the cap was given to her when she was driving down the chute before going out onto the racetrack. 

--

It did appear to the Committee from the questioning that there was a complete mess up in regards to the handing out of the coloured caps and that initially nobody could find the cap that Miss Chilcott was meant to wear.

--

Miss Chilcott in giving her evidence said that she had been out in the back parade ring and been out there for a few minutes and had let her Attendant go because she had a horse in the next race and it needed to be geared up.   She said that she had followed a horse through the tunnel to the parade ring and she had circled around in the ring for what seemed like ages because she had been waiting for the cap to come.   The first cap that was given to her was wrong and she understood that the correct cap could not be found and that it took some time for this to be located.

--

Miss Chilcott said that she understood her obligation to be in the birdcage and then onto the racetrack in time but because she had let her Attendant go for the reasons stated above she was unable to notify the Stipendary Stewards that she was late.

--

Miss Chilcott said that she was walking around and getting rather desperate because she realised that the time was getting short but she was waiting on the cap and so eventually she had to leave and go into the birdcage and down the chute.   She said that the cap was finally handed to her just prior to her going out onto the track.

--

Miss Chilcott acknowledged that she was late onto the track but she said that she is never late onto the track and this was caused by parties other than herself.

--

In summary Mr Wallis said that the Rule was there for the benefit of the Betting Public and that Miss Chilcott’s horse would not have been warmed up sufficiently.

--

Miss Chilcott for her part said that she acknowledged that she was late but that she still managed to complete a round and a quarter of the track in her warm up and she was there with sufficient time.   She said there were considerable mitigating circumstances.

--

Decision

--

The Committee considered all of the evidence presented to it and pointed out to Miss Chilcott that it was her responsibility to be on the track on time.   She is, of course, aware of this.

--

Miss Chilcott had driven earlier in the day and accordingly knew of the need to have the coloured caps.

--

However, there were circumstances that were quite beyond Miss Chilcott’s control and clearly the correct cap should have been available to Miss Chilcott the first time and if it had have been then there would not have been any confusion or delay.   There are numerous contributing factors to Miss Chilcott being late onto the track and the Committee takes these all into account.

--

Miss Chilcott was however late onto the track and she has acknowledge that and she is aware that it is her responsibility and accordingly the charge is proven.

--

The Committee has some sympathy for Miss Chilcott because of the comedy of errors over the cap and accordingly has decided not to impose any penalty.

--


BJ Scott               JN Holloway
CHAIR                 Committee Member
68482

--

 


sumissionsforpenalty:


reasonsforpenalty:


penalty:


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Rules: 858.b


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