NZ Metro TC – 13 September 2007 –
ID: JCA22639
Hearing Type (Code):
harness-racing
Decision: --
Following the running of Race 2, the Sims Pacific Metals Mobile Pace, an information was laid by Stipendiary Steward Mr N. Ydgren against Miss A. J. Laing, the driver of "Knight N Charge", alleging a breach of Rule 857(7)(g).
--
DECISION AND REASONS:
--Following the running of Race 2, the Sims Pacific Metals Mobile Pace, an information was laid by Stipendiary Steward Mr N. Ydgren against Miss A. J. Laing, the driver of "Knight N Charge", alleging a breach of Rule 857(7)(g). The charge reads as follows.
------"I the abovenamed informant allege that the abovenamed Defendant committed a breach Rule 857(7)(g) in that Ms Laing failed to come up to the position she was allocated (8) while driving "Knight N Charge".
--The rule reads as follows.
--"(7) No horseman shall:-
--(g) fail to come up into and/or maintain his position."
--Miss Laing had indicated on the information that she did not admit this breach
--of the rules and she confirmed this at the hearing.
--Video coverage of the start of this mobile 1950 metre race was shown. Miss Laing was drawn to start from the outside of the front line. Evidence was given by Stipendiary Steward Mr McIntyre that prior to the start Miss Laing followed "Juluit", which was drawn inside her, and she appeared to have a firm hold of her horse. She also appeared to be making no effort to have her horse up to the mobile gate. At the start Miss Laing was more than a length behind the front line horses. It could also be seen that Miss Laing never had her horse travelling in a line on the outside of "Juluit" that would have enabled her to have taken her place on the mobile gate.
--Mr Ydgren gave evidence that the Starter, Mr Lamb, had told Miss Laing on several occasions to come up to the gate. This was put to Miss Laing and she said that she had not heard Mr Lamb give this direction.
--Miss Laing said that her horse had a tendency to pull hard and this was the reason she had taken hold of her horse.
--After hearing the evidence I was satisfied that Miss Laing was never up to the mobile gate and I was also satisfied that she made no effort to meet her obligation to do so. I was also satisfied that Miss Laing was always behind or partly behind "Juluit" prior to the start. I advised the parties that I found the charge proved.
----PENALTY: In relation to penalty Mr Ydgren advised that Miss Laing had not breached this rule previously. A fine of $100-00 was recommended. Miss Laing had no submissions to make regarding penalty.
--I was aware of previous penalties imposed for a breach of this rule. The usual penalty for a first offence was a fine of $100-00 and Miss Laing was fined this amount.
----
____________
--- --
- M. Phelan
Chairman
----
Decision Date: 13/09/2007
Publish Date: 13/09/2007
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: e06a5f52754f4fcff2f59d111962d863
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 13/09/2007
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: NZ Metro TC - 13 September 2007 -
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--Following the running of Race 2, the Sims Pacific Metals Mobile Pace, an information was laid by Stipendiary Steward Mr N. Ydgren against Miss A. J. Laing, the driver of "Knight N Charge", alleging a breach of Rule 857(7)(g).
--
DECISION AND REASONS:
--Following the running of Race 2, the Sims Pacific Metals Mobile Pace, an information was laid by Stipendiary Steward Mr N. Ydgren against Miss A. J. Laing, the driver of "Knight N Charge", alleging a breach of Rule 857(7)(g). The charge reads as follows.
------"I the abovenamed informant allege that the abovenamed Defendant committed a breach Rule 857(7)(g) in that Ms Laing failed to come up to the position she was allocated (8) while driving "Knight N Charge".
--The rule reads as follows.
--"(7) No horseman shall:-
--(g) fail to come up into and/or maintain his position."
--Miss Laing had indicated on the information that she did not admit this breach
--of the rules and she confirmed this at the hearing.
--Video coverage of the start of this mobile 1950 metre race was shown. Miss Laing was drawn to start from the outside of the front line. Evidence was given by Stipendiary Steward Mr McIntyre that prior to the start Miss Laing followed "Juluit", which was drawn inside her, and she appeared to have a firm hold of her horse. She also appeared to be making no effort to have her horse up to the mobile gate. At the start Miss Laing was more than a length behind the front line horses. It could also be seen that Miss Laing never had her horse travelling in a line on the outside of "Juluit" that would have enabled her to have taken her place on the mobile gate.
--Mr Ydgren gave evidence that the Starter, Mr Lamb, had told Miss Laing on several occasions to come up to the gate. This was put to Miss Laing and she said that she had not heard Mr Lamb give this direction.
--Miss Laing said that her horse had a tendency to pull hard and this was the reason she had taken hold of her horse.
--After hearing the evidence I was satisfied that Miss Laing was never up to the mobile gate and I was also satisfied that she made no effort to meet her obligation to do so. I was also satisfied that Miss Laing was always behind or partly behind "Juluit" prior to the start. I advised the parties that I found the charge proved.
----PENALTY:
In relation to penalty Mr Ydgren advised that Miss Laing had not breached this rule previously. A fine of $100-00 was recommended. Miss Laing had no submissions to make regarding penalty.--I was aware of previous penalties imposed for a breach of this rule. The usual penalty for a first offence was a fine of $100-00 and Miss Laing was fined this amount.
----
____________
--- --
- M. Phelan
Chairman
----
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 857.7.g
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
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