NZ Metro TC – 14 November 2006 – Race 7
ID: JCA22620
Hearing Type (Code):
harness-racing
Meet Title:
NZ Metro TC - 14 November 2006
Race Date:
2006/11/14
Race Number:
Race 7
Decision: --
Following the running of Race 7, J Ballantyne & Co Handicap Trot, an information was filed by Stipendiary Steward, Mr P T Knowles, against Licensed Open Horseman, Mr M J House, alleging that Mr House (as the driver of CASTLETON?S MISSION) "failed to obey the starter's instructions when the field was being called into line
--
DECISION AND REASONS:
--Following the running of Race 7, J Ballantyne & Co Handicap Trot, an information was filed by Stipendiary Steward, Mr P T Knowles, against Licensed Open Horseman, Mr M J House, alleging that Mr House (as the driver of CASTLETON?S MISSION) "failed to obey the starter's instructions when the field was being called into line prior to the start thereby starting from the incorrect barrier position".
----Mr House was present at the hearing of the information and did not admit the breach.
----Mr Knowles informed the Committee that CASTLETON?S MISSION had drawn Unruly 1 (Front) in the 2600 metres standing start event with ten horses starting on the front line and CASTLETON?S MISSION and another runner, PRINCE SUNDON, starting from the unruly position. The two unruly horses were required to start from the extreme outside and behind the front line.
----Mr N Ydgren, Stipendiary Steward, had been present at the starting point of the race. He pointed out on a video replay the position from which Mr House had started ? behind the horse that had drawn 6 on the front line. Mr Ydgren stated that he had heard the starter, Mr Lamb, call to Mr House by No.15 on no less than six occasions. Mr Ydgren himself called to Mr House on two occasions. Mr House had been told to move his horse to the outside. The starter instructed a starter's assistant to move Mr House's horse. Mr House said to the starter's assistant "No, I?m fine".
----The starter, Mr P R Lamb, stated that he was concerned, when the field lined up, that Mr House was "too far in" and appeared to be pushing up into the front row. He called out several times to Mr House by number to bring his horse to the outside but got no response. He had to let the field go because they had been standing for long enough. He alleged that Mr House had ample opportunity to move his horse to the outside but made no effort to do so.
----Mr House said that he was standing behind the horse drawn 5 on the front line. There was a lot of noise, he said and he heard the starter yelling at someone to move. The starter's assistant approached and asked if he wanted a hand to move over. Mr House said that he did not know what he meant because he believed that he was in the correct position. The starter's assistant then told him that he had to move. He was not told at any stage that he had to go to the outside. He moved over one position towards the outside. He submitted that at no stage did he disobey anybody because he was not called ? he was called by number only and did not know his number. He believed that he was not given any instructions. Mr House admitted that he had started from an incorrect barrier position.
----Following a deliberation, the Committee delivered the following oral decision:
--"We have listened to the evidence adduced by the Stipendiary Stewards and to the submissions made to us by Mr House. It was clear from the evidence of Mr Ydgren and the starter, Mr Lamb, that the starter was aware of the fact that Mr House had lined up in the incorrect starting position and that he had attempted to bring this fact to the attention of Mr House. Mr House himself acknowledged that he had heard a number being called by the starter but stated that he was unaware that it was his number that was being called. Mr House further said that he believed that it was in order for him to be lining up where he was. It was clearly wrong on Mr House's part to believe that he was entitled to start behind the horse drawn No.5 on the front line and, in the Committee's view, he ought to have been aware of the Rule relating to the correct starting position of unruly horses. Nevertheless, the Committee is of the view that, for a charge of failing to obey the starter's instructions, the horseman needs to be aware that the starter's instructions are being directed at him. We accept that, on this occasion, Mr House did not wilfully disobey the starter's instructions although he did err in, firstly, not being aware of the Rule and, secondly, not being aware of the saddlecloth number of his horse. In both of those respects, Mr House fell short of what was required of him as a horseman but we are not satisfied that he failed to obey the starter's instructions for the reason that he was not aware that the instructions of the starter were directed at him, as I said. In the absence of that mental element, we are not satisfied that the charge under Rule 857 (7) (b) can be sustained. However, the Committee exercises the powers that it has under Rules 1111(4) and (5) to amend the information and to substitute for the alleged breach of Rule 857 (7) (b) a breach of Rule 862 (2) ? that is to say, permitting a horse to start from other than its correct barrier position and we find a breach of that Rule to be proved."
----Mr Knowles recommended a fine of $400. In starting from the incorrect position, Mr House had gained an advantage. Mr Knowles pointed out that the meeting was a premier meeting. Mr House should have known where he was supposed to be starting from and there was no excuse to be starting from the wrong position.
----Mr House disputed that he had gained any advantage. There were mitigating circumstances, he submitted. He apologised for breaching the Rule.
----In deciding penalty, the Committee looked at details of fines that had been imposed for breaches of Rule 862 (2). Such fines were all in the vicinity of $200. However, the Committee took into account that the race was a $25,000 race on New Zealand Cup Day (Rule 1114 (2)). The Committee understood that Mr House had not breached the Rule in the previous 12 months. The Committee did not accept that there were any mitigating circumstances, as submitted by Mr House.
----The fine recommended by Mr Knowles of $400 was deemed by the Committee to be a fair and reasonable recommendation in all of the circumstances and Mr House was fined the sum of $400.00 accordingly.
----R G McKenzie
----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: ff9e43bc6758f5ad3ba780bf35f8bce3
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 14/11/2006
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: NZ Metro TC - 14 November 2006 - Race 7
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--Following the running of Race 7, J Ballantyne & Co Handicap Trot, an information was filed by Stipendiary Steward, Mr P T Knowles, against Licensed Open Horseman, Mr M J House, alleging that Mr House (as the driver of CASTLETON?S MISSION) "failed to obey the starter's instructions when the field was being called into line
--
DECISION AND REASONS:
--Following the running of Race 7, J Ballantyne & Co Handicap Trot, an information was filed by Stipendiary Steward, Mr P T Knowles, against Licensed Open Horseman, Mr M J House, alleging that Mr House (as the driver of CASTLETON?S MISSION) "failed to obey the starter's instructions when the field was being called into line prior to the start thereby starting from the incorrect barrier position".
----Mr House was present at the hearing of the information and did not admit the breach.
----Mr Knowles informed the Committee that CASTLETON?S MISSION had drawn Unruly 1 (Front) in the 2600 metres standing start event with ten horses starting on the front line and CASTLETON?S MISSION and another runner, PRINCE SUNDON, starting from the unruly position. The two unruly horses were required to start from the extreme outside and behind the front line.
----Mr N Ydgren, Stipendiary Steward, had been present at the starting point of the race. He pointed out on a video replay the position from which Mr House had started ? behind the horse that had drawn 6 on the front line. Mr Ydgren stated that he had heard the starter, Mr Lamb, call to Mr House by No.15 on no less than six occasions. Mr Ydgren himself called to Mr House on two occasions. Mr House had been told to move his horse to the outside. The starter instructed a starter's assistant to move Mr House's horse. Mr House said to the starter's assistant "No, I?m fine".
----The starter, Mr P R Lamb, stated that he was concerned, when the field lined up, that Mr House was "too far in" and appeared to be pushing up into the front row. He called out several times to Mr House by number to bring his horse to the outside but got no response. He had to let the field go because they had been standing for long enough. He alleged that Mr House had ample opportunity to move his horse to the outside but made no effort to do so.
----Mr House said that he was standing behind the horse drawn 5 on the front line. There was a lot of noise, he said and he heard the starter yelling at someone to move. The starter's assistant approached and asked if he wanted a hand to move over. Mr House said that he did not know what he meant because he believed that he was in the correct position. The starter's assistant then told him that he had to move. He was not told at any stage that he had to go to the outside. He moved over one position towards the outside. He submitted that at no stage did he disobey anybody because he was not called ? he was called by number only and did not know his number. He believed that he was not given any instructions. Mr House admitted that he had started from an incorrect barrier position.
----Following a deliberation, the Committee delivered the following oral decision:
--"We have listened to the evidence adduced by the Stipendiary Stewards and to the submissions made to us by Mr House. It was clear from the evidence of Mr Ydgren and the starter, Mr Lamb, that the starter was aware of the fact that Mr House had lined up in the incorrect starting position and that he had attempted to bring this fact to the attention of Mr House. Mr House himself acknowledged that he had heard a number being called by the starter but stated that he was unaware that it was his number that was being called. Mr House further said that he believed that it was in order for him to be lining up where he was. It was clearly wrong on Mr House's part to believe that he was entitled to start behind the horse drawn No.5 on the front line and, in the Committee's view, he ought to have been aware of the Rule relating to the correct starting position of unruly horses. Nevertheless, the Committee is of the view that, for a charge of failing to obey the starter's instructions, the horseman needs to be aware that the starter's instructions are being directed at him. We accept that, on this occasion, Mr House did not wilfully disobey the starter's instructions although he did err in, firstly, not being aware of the Rule and, secondly, not being aware of the saddlecloth number of his horse. In both of those respects, Mr House fell short of what was required of him as a horseman but we are not satisfied that he failed to obey the starter's instructions for the reason that he was not aware that the instructions of the starter were directed at him, as I said. In the absence of that mental element, we are not satisfied that the charge under Rule 857 (7) (b) can be sustained. However, the Committee exercises the powers that it has under Rules 1111(4) and (5) to amend the information and to substitute for the alleged breach of Rule 857 (7) (b) a breach of Rule 862 (2) ? that is to say, permitting a horse to start from other than its correct barrier position and we find a breach of that Rule to be proved."
----Mr Knowles recommended a fine of $400. In starting from the incorrect position, Mr House had gained an advantage. Mr Knowles pointed out that the meeting was a premier meeting. Mr House should have known where he was supposed to be starting from and there was no excuse to be starting from the wrong position.
----Mr House disputed that he had gained any advantage. There were mitigating circumstances, he submitted. He apologised for breaching the Rule.
----In deciding penalty, the Committee looked at details of fines that had been imposed for breaches of Rule 862 (2). Such fines were all in the vicinity of $200. However, the Committee took into account that the race was a $25,000 race on New Zealand Cup Day (Rule 1114 (2)). The Committee understood that Mr House had not breached the Rule in the previous 12 months. The Committee did not accept that there were any mitigating circumstances, as submitted by Mr House.
----The fine recommended by Mr Knowles of $400 was deemed by the Committee to be a fair and reasonable recommendation in all of the circumstances and Mr House was fined the sum of $400.00 accordingly.
----R G McKenzie
----CHAIRMAN
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 857.7.b, 862.2, 1114.2
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 44ff23ec2e98933b9f0b91f1ba67ca50
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race_emailed1: 0
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race_title: Race 7
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meetdate: 14/11/2006
meet_title: NZ Metro TC - 14 November 2006
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name: NZ Metro TC