NZ Metro TC – 27 May 2005 – Race 4
ID: JCA22016
Hearing Type (Code):
harness-racing
Meet Title:
NZ Metro TC - 27 May 2005
Race Date:
2005/05/27
Race Number:
Race 4
Decision: --
Following the running of Race 4, the Honda Cars Christchurch Mobile Pace, an information was lodged by Chief Stipendiary Steward Mr N. R. Escott against Mr J. P. Mulcay the holder of an Open Starters Licence.
| -- DECISION AND REASONS: --Following the running of Race 4, the Honda Cars Christchurch Mobile Pace, an information was lodged by Chief Stipendiary Steward Mr N. R. Escott against Mr J. P. Mulcay the holder of an Open Starters Licence. The charge was laid under Rule 857(3)(i)(ii) and the Information reads as follows. --"I, the abovenamed informant allege that the abovenamed Defendant ------committed a breach of Rule 857(i)(ii) in that starter (J. P. Mulcay) failed to declare a false start when Marianna Jaccka (M. R. Hay) broke shifting up the track checking Badjelly The Wytch (R. T. May ) prior to the start with Badjelly The Wytch breaking losing all chance." --Rule 857(3)(i)(ii) provides as follows. --"(3) MOBILE STARTS --All mobile starts shall be conducted in accordance with the following provisions:- --
Mr Mulcay had indicated on the Information that he did not admit this breach --of the rules and he confirmed this plea to the committee. --Mr Escott asked Stipendiary Steward Mr McIntyre to illustrate this incident by means of video coverage. Mr McIntyre showed that just prior to the starting point for this mobile 2600 metre race, Marianna Jaccka broke and moved outwards checking Bedjelly the Wytch with both horses losing their chances in the race. Mr McIntyre also pointed out where the 2600 metre starting point was. --There was also evidence that the green flashing light on the mobile start vehicle had been activated after Badjelly The Wytch broke. --It was the Stipendiary Stewards' case that Badjelly The Wytch had been interfered with and was in a break before the starting point was reached, and that Mr Mulcay was therefore obliged to declare a false start. --Mr R. T. May was called to give evidence. This witness said that his horse broke prior to the start and that on viewing the video coverage of the incident he confirmed that there had been interference from Marianna Jaccka. --Mr Mulcay put it to Mr May that the starting point was unclear and that it was inconclusive as to where the starting point was and at what stage his horse had been checked and broken. Mr Mulcay also asked Mr May if his horse was still pacing at the time that the green light was on. Mr May did not agree with Mr Mulcay about this matter and confirmed that his horse was in break before the start of the race. --Mr Mulcay gave evidence that Mr May's horse was interfered with and broke after the start had been declared. Mr Mulcay also said that the exact location of the starting point was unclear from the video coverage, and that the activation of the green light was not an exact indication of the starting point in the race. It was Mr Mulcay's belief that the evidence was inconclusive. --After the conclusion of the evidence I adjourned to consider my decision. --The charge is that Mr Mulcay failed to declare a false start in Race 4, a mobile 2600 metre race. --Mr May gave evidence that his horse broke before the start of the race and lost its chance. --The video evidence also shows that Mr May's horse had been checked and was in a break when the green light started flashing. I accept Mr Mulcay's evidence that the green light is not always an accurate indication of the starting point. --Mr McIntyre used the videos to show that, in his opinion, Mr May's horse was in a break before the starting point. --I am satisfied that no one of the three matters mentioned above would, by itself, support a conviction on this charge. However taken together the totality of the evidence shows that in this case Mr Mulcay made an error of judgement in not declaring a false start and I find the charge proved. --On my return to the Enquiry Room I informed the Stipendiary Stewards and Mr Mulcay that I found the charge to be proved. --PENALTY: In relation to penalty Mr Escott said that Mr Mulcay had no previous convictions and that mistakes "do occur". Mr Escott recommended a fine of --$250-00. --Mr Mulcay stated that a fine of $250-00 would be a harsh penalty. --I adjourned to consider the matter of penalty. I could find only one previous record for a conviction under this rule, and the fine in that case was considerably more than that recommended by Mr Escott. Taking this into account I was satisfied that the recommended fine was appropriate and Mr Mulcay was fined the sum of $250-00. --
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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: b16656c2942e41af32ef85835ef3ee45
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 27/05/2005
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: NZ Metro TC - 27 May 2005 - Race 4
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--Following the running of Race 4, the Honda Cars Christchurch Mobile Pace, an information was lodged by Chief Stipendiary Steward Mr N. R. Escott against Mr J. P. Mulcay the holder of an Open Starters Licence.
| -- DECISION AND REASONS: --Following the running of Race 4, the Honda Cars Christchurch Mobile Pace, an information was lodged by Chief Stipendiary Steward Mr N. R. Escott against Mr J. P. Mulcay the holder of an Open Starters Licence. The charge was laid under Rule 857(3)(i)(ii) and the Information reads as follows. --"I, the abovenamed informant allege that the abovenamed Defendant ------committed a breach of Rule 857(i)(ii) in that starter (J. P. Mulcay) failed to declare a false start when Marianna Jaccka (M. R. Hay) broke shifting up the track checking Badjelly The Wytch (R. T. May ) prior to the start with Badjelly The Wytch breaking losing all chance." --Rule 857(3)(i)(ii) provides as follows. --"(3) MOBILE STARTS --All mobile starts shall be conducted in accordance with the following provisions:- --
Mr Mulcay had indicated on the Information that he did not admit this breach --of the rules and he confirmed this plea to the committee. --Mr Escott asked Stipendiary Steward Mr McIntyre to illustrate this incident by means of video coverage. Mr McIntyre showed that just prior to the starting point for this mobile 2600 metre race, Marianna Jaccka broke and moved outwards checking Bedjelly the Wytch with both horses losing their chances in the race. Mr McIntyre also pointed out where the 2600 metre starting point was. --There was also evidence that the green flashing light on the mobile start vehicle had been activated after Badjelly The Wytch broke. --It was the Stipendiary Stewards' case that Badjelly The Wytch had been interfered with and was in a break before the starting point was reached, and that Mr Mulcay was therefore obliged to declare a false start. --Mr R. T. May was called to give evidence. This witness said that his horse broke prior to the start and that on viewing the video coverage of the incident he confirmed that there had been interference from Marianna Jaccka. --Mr Mulcay put it to Mr May that the starting point was unclear and that it was inconclusive as to where the starting point was and at what stage his horse had been checked and broken. Mr Mulcay also asked Mr May if his horse was still pacing at the time that the green light was on. Mr May did not agree with Mr Mulcay about this matter and confirmed that his horse was in break before the start of the race. --Mr Mulcay gave evidence that Mr May's horse was interfered with and broke after the start had been declared. Mr Mulcay also said that the exact location of the starting point was unclear from the video coverage, and that the activation of the green light was not an exact indication of the starting point in the race. It was Mr Mulcay's belief that the evidence was inconclusive. --After the conclusion of the evidence I adjourned to consider my decision. --The charge is that Mr Mulcay failed to declare a false start in Race 4, a mobile 2600 metre race. --Mr May gave evidence that his horse broke before the start of the race and lost its chance. --The video evidence also shows that Mr May's horse had been checked and was in a break when the green light started flashing. I accept Mr Mulcay's evidence that the green light is not always an accurate indication of the starting point. --Mr McIntyre used the videos to show that, in his opinion, Mr May's horse was in a break before the starting point. --I am satisfied that no one of the three matters mentioned above would, by itself, support a conviction on this charge. However taken together the totality of the evidence shows that in this case Mr Mulcay made an error of judgement in not declaring a false start and I find the charge proved. --On my return to the Enquiry Room I informed the Stipendiary Stewards and Mr Mulcay that I found the charge to be proved. --PENALTY: In relation to penalty Mr Escott said that Mr Mulcay had no previous convictions and that mistakes "do occur". Mr Escott recommended a fine of --$250-00. --Mr Mulcay stated that a fine of $250-00 would be a harsh penalty. --I adjourned to consider the matter of penalty. I could find only one previous record for a conviction under this rule, and the fine in that case was considerably more than that recommended by Mr Escott. Taking this into account I was satisfied that the recommended fine was appropriate and Mr Mulcay was fined the sum of $250-00. --
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sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 857.3.i.ii, 857.i.ii
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 799727ca1032b0215927e1d631490294
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 5b3c60f3e330345b04ee2c484d26992c
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 27/05/2005
meet_title: NZ Metro TC - 27 May 2005
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: NZ Metro TC