Ashburton TC – 25 October 2010 – R 7

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hearing_title: Ashburton TC - 25 October 2010 - R 7

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Decision:

RACEDAY JUDICIAL COMMITTEE DECISION

Informant:  N R Escott, Chief Stipendiary Steward

Defendant:  M J McCallum, Licensed Open Starter

Information No:  69293

Meeting:  Ashburton Trotting Club

Date:  25 October 2010

Venue:  Ashburton Raceway

Race:  7

Rule No:  857 (3) (i) (iii)

Judicial Committee:  R G McKenzie, Chairman – J M Phelan, Committee Member

Plea: Admitted

FACTS:

Following the running of Race 7, The Pres Ashburton Trotters Flying Mile, Information No.68787 was filed by Chief Stipendiary Steward, Mr N R Escott, against Licensed Open Starter, Mr M J McCallum, alleging a breach of Rule 857 (3) (i) (iii) in that Mr

McCallum “as the starter failed to call a false start after ONE OVER KENNY had suffered broken gear”.

Mr McCallum was present at the hearing of the information and he indicated that he admitted the breach.

Rule 857 provides as follows:

(3)     MOBILE STARTS

         All mobile starts shall be conducted in accordance with the following provisions:-

(i)      RECALL – REASONS FOR. The Starter shall sound a recall for the following reasons and no other:-

         (iii)   a horse has broken equipment.

SUBMISSION(S):

Mr Escott said that, in the run up for Race 7 (a mobile start event over 1609 metres), ONE OVER KENNY (A G Herlihy), which had drawn barrier 4, broke and in doing so the crupper came up over its tail. Stipendiary Steward, Mr N M Ydgren, who had been stationed in the patrol box at the top of the home straight, called Mr Escott and reported that ONE OVER KENNY had broken gear. Mr Escott said that he could see Mr Herlihy turning around and waving his arm. He endeavoured to contact Mr McCallum by RT to alert him as to the broken gear and to call a false start in the race. Mr Escott said he did so “on 4 or 5 occasions” prior to Mr McCallum declaring a start. ONE OVER KENNY was later declared a late scratching by the Stewards.

Mr Escott showed video replays of the run up and start of the race.

Mr Escott told the Committee that there are two people positioned on the mobile gate for the specific purpose of watching for interference or broken gear.

Mr McCallum said that he had seen ONE OVER KENNY break, free of interference, on two occasions, and go back through the field. He said that he was more concerned about SPRINGBANK RICHARD, which had drawn immediately behind it on the second row, and to ensure that it had not received interference. Mr McCallum said that he had been told by one of his assistants, following the race, that Mr Herlihy had called out. He did not hear the calls from Mr Escott, he said, and neither did his assistant on the back of the vehicle. Neither did he see Mr Herlihy raise his arm.

Mr McCallum said that he had been starting races for approximately 6 years.

REASONS:

The Committee was satisfied that ONE OVER KENNY had broken in the run up behind the mobile gate and had sustained broken equipment. In those circumstances, Mr McCallum was required to sound a recall, which he failed to do. Mr McCallum freely admitted that he ought to have sounded a recall.

DECISION:

The charge was found proved.

SUBMISSION(S) ON PENALTY:

Mr Escott pointed out that the Penalty Guide recommended a fine of $350 for failing to sound a recall when obliged to do so. However, Mr McCallum should be given credit for admitting the breach and for his previous good record. He submitted that a fine of $200 was appropriate.

REASONS FOR PENALTY:

In determining penalty, the Committee took into account the matters referred to by Mr Escott – that is to say, Mr McCallum’s admission of the breach and his good record. The Committee noted that the Penalty Guide recommended a fine of $350 for a breach of the Rule. Mr McCallum was entitled to credit for his admission and good record.

PENALTY:

Mr McCallum was fined the sum of $200.

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hearing_type: Old Hearing

Rules: 857(3)(i)(iii)

Informant:

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race_title: R 7

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meetdate: 25/10/2010

meet_title: Ashburton TC - 25 October 2010

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name: Ashburton TC