Ashburton TC 26 December 2015 – R 1 – Chair, Mr R McKenzie
ID: JCA11568
Meet Title:
Ashburton TC - 26 December 2015
Meet Chair:
RMcKenzie
Meet Committee Member 1:
PWilliams
Race Date:
2015/12/26
Race Number:
R1
Decision:
Mr Curtin having admitted the charge, the charge was found proved.
Penalty:
Mr Curtin was fined the sum of $150.
Facts:
Following the running of Race 1, Paper Plus Ashburton Trot, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Open Horseman, Mr R W Curtin, alleging that Mr Curtin, as the driver of CHINA EXPRESS in the race, “failed to take all reasonable steps to return CHINA EXPRESS to a trot in the early stages”.
Mr Curtin had left the course but was contacted by the Stewards by telephone and he consented to have the hearing conducted by speakerphone. He confirmed this to the Committee at the outset of the hearing.
The charge and the relevant Rule 870 (2) (b) were read to Mr Curtin and he confirmed that he understood both the charge and the Rule, and he indicated that he admitted the breach.
Rule 870 provides as follows:
(1) When any horse breaks from its gait in any race its horseman shall immediately take all reasonable steps to return it to its proper gait and where clearance exists immediately take such horse clear of the field.
(2) The following shall be a breach of sub-rule (1) hereof:-
(b) failure to take all reasonable steps to return the horse to its proper gait.
Mr Ydgren pointed out on a video replay CHINA EXPRESS, driven by Mr Curtin, drawn at barrier position 5 at the standing start 2400 metres starting point. When the field was released, CHINA EXPRESS switched straight into a pace – roughly in the early stages, but in a pace nonetheless. The horse then improved its position and worked its way down to the 2-wide line, still pacing. Racing around the bend out of the back straight on the outside of a breaking runner, the horse galloped, Mr Ydgren said. It was restrained by Mr Curtin and taken wider on the track. It then switched back into a pace soon after. Mr Curtin could be seen to be looking, knowing the horse was in a pace. He pulled it out wider and broke it up after which it returned to a trot, Mr Ydgren said.
Stewards were concerned that Mr Curtin had allowed the mare to pace away from a standing start and continue for another 500 metres unchecked, Mr Ydgren said. It had paced for that distance, while improving its position the whole time, he said.
Mr Curtin said that he accepted Mr Ydgren’s version of what happened. He added that the horse was “an awful-gaited pacer”. He admitted that he had made a mistake.
Submissions for Penalty:
Mr Ydgren referred to a similar incident at Rangiora on 20 December last, for which the driver concerned was fined $150. Stewards felt that this incident was similar and should be dealt with by a similar penalty.
Mr Curtin is a “reasonably busy driver”, generally driving his own horses, Mr Ydgren said. (The Committee noted that Mr Curtin has had 12 drives in the current season and had 48 in the 2014/2015 season). He has a very good record and had admitted the breach, Mr Ydgren said.
Mr Curtin had no submissions to make in relation to penalty.
Reasons for Penalty:
Penalties imposed for breaches of this Rule seem to be fines in the range between $150 and $400, the two $400 fines being for a second breach and a case resulting in a relegation (in 2012) and, in another case, a 1-day suspension was imposed.
The present breach is very much at the lower end of a scale of seriousness and, we agree with Mr Ydgren, the circumstances of this case are similar to the recent case at Rangiora only 1 week ago. We have taken into account that Mr Curtin was frank in his admission of the breach and that he has a clear record.
On the basis of those two mitigating factors, the low end nature of the breach and the similarity to the other recent case of a breach of the Rule, the Committee was satisfied that the appropriate penalty was a fine of $150.
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: 2c1c28fab21f676fe127b7873e0f8617
informantnumber: A6740
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Failing to Return to Proper Gait
plea: admitted
penaltyrequired: 1
decisiondate: 28/12/2015
hearing_title: Ashburton TC 26 December 2015 - R 1 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 1, Paper Plus Ashburton Trot, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Open Horseman, Mr R W Curtin, alleging that Mr Curtin, as the driver of CHINA EXPRESS in the race, “failed to take all reasonable steps to return CHINA EXPRESS to a trot in the early stages”.
Mr Curtin had left the course but was contacted by the Stewards by telephone and he consented to have the hearing conducted by speakerphone. He confirmed this to the Committee at the outset of the hearing.
The charge and the relevant Rule 870 (2) (b) were read to Mr Curtin and he confirmed that he understood both the charge and the Rule, and he indicated that he admitted the breach.
Rule 870 provides as follows:
(1) When any horse breaks from its gait in any race its horseman shall immediately take all reasonable steps to return it to its proper gait and where clearance exists immediately take such horse clear of the field.
(2) The following shall be a breach of sub-rule (1) hereof:-
(b) failure to take all reasonable steps to return the horse to its proper gait.
Mr Ydgren pointed out on a video replay CHINA EXPRESS, driven by Mr Curtin, drawn at barrier position 5 at the standing start 2400 metres starting point. When the field was released, CHINA EXPRESS switched straight into a pace – roughly in the early stages, but in a pace nonetheless. The horse then improved its position and worked its way down to the 2-wide line, still pacing. Racing around the bend out of the back straight on the outside of a breaking runner, the horse galloped, Mr Ydgren said. It was restrained by Mr Curtin and taken wider on the track. It then switched back into a pace soon after. Mr Curtin could be seen to be looking, knowing the horse was in a pace. He pulled it out wider and broke it up after which it returned to a trot, Mr Ydgren said.
Stewards were concerned that Mr Curtin had allowed the mare to pace away from a standing start and continue for another 500 metres unchecked, Mr Ydgren said. It had paced for that distance, while improving its position the whole time, he said.
Mr Curtin said that he accepted Mr Ydgren’s version of what happened. He added that the horse was “an awful-gaited pacer”. He admitted that he had made a mistake.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Curtin having admitted the charge, the charge was found proved.
sumissionsforpenalty:
Mr Ydgren referred to a similar incident at Rangiora on 20 December last, for which the driver concerned was fined $150. Stewards felt that this incident was similar and should be dealt with by a similar penalty.
Mr Curtin is a “reasonably busy driver”, generally driving his own horses, Mr Ydgren said. (The Committee noted that Mr Curtin has had 12 drives in the current season and had 48 in the 2014/2015 season). He has a very good record and had admitted the breach, Mr Ydgren said.
Mr Curtin had no submissions to make in relation to penalty.
reasonsforpenalty:
Penalties imposed for breaches of this Rule seem to be fines in the range between $150 and $400, the two $400 fines being for a second breach and a case resulting in a relegation (in 2012) and, in another case, a 1-day suspension was imposed.
The present breach is very much at the lower end of a scale of seriousness and, we agree with Mr Ydgren, the circumstances of this case are similar to the recent case at Rangiora only 1 week ago. We have taken into account that Mr Curtin was frank in his admission of the breach and that he has a clear record.
On the basis of those two mitigating factors, the low end nature of the breach and the similarity to the other recent case of a breach of the Rule, the Committee was satisfied that the appropriate penalty was a fine of $150.
penalty:
Mr Curtin was fined the sum of $150.
hearing_type: Hearing
Rules: 870(2)(b)
Informant: Mr N M Ydgren - Stipendiary Steward
JockeysandTrainer: Mr R W Curtin - Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 7ac42b0831a9350019d1dc862ab84545
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race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
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meetid: b2efeb1c50505b8e790168acd8314a8e
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meetdate: 26/12/2015
meet_title: Ashburton TC - 26 December 2015
meet_expappcomment:
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tracklocation: ashburton-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: PWilliams
meet_pm2: none
name: Ashburton TC