Ashburton TC 26 October 2015 – R 2 – Chair, Mr R McKenzie
ID: JCA12257
Meet Title:
Ashburton TC - 26 October 2015
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2015/10/26
Race Number:
R2
Decision:
Mr Orange having admitted the charge, the charge was found proved.
Penalty:
Mr Orange was fined the sum of $150.
Facts:
Following the running of Race 2, Mainland Wool Handicap Pace, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Open Horseman, Mr B N Orange, alleging that, as the driver of HESTIA FRANCO in the race, he “shifted inwards approaching the 250 metres resulting in his sulky protruding inside the marker line”.
Mr Orange had signed the Statement by the Respondent at the foot of the information form indicating that he admitted the breach. Mr Ydgren confirmed to the hearing that Mr Orange did not wish to attend the hearing of the information.
Rule 869 provides as follows:
(7A) Every horseman who moves inwards shall ensure:
(b) that any part of the sulky does not protrude inside the marker line.
Mr Ydgren showed video replays of the relevant part of the race as the field rounded the home turn, with approximately 250 metres to race. He pointed out HESTIA FRANCO, driven by Mr Orange, racing 3-back on the pylons at that point. He then pointed out Mr Orange shift in and “run straight over” the last pylon before the passing lane. The horse in front of him at that stage, DON PIERRE (G D Smith) had led and was stopping and being driven vigorously. Mr Ydgren submitted that Mr Orange did not want to be held up and had improved “one marker too early”.
HESTIA FRANCO finished in 3rd placing but Mr Ydgren submitted that, having regard to the margin of 1¾ lengths between 3rd and 4th, the Stewards were satisfied that it had not gained an advantage.
Submissions for Penalty:
Mr Ydgren submitted that the following factors should be taken into account by the Committee in arriving at penalty – Mr Orange’s admission of the breach, his record (which was clear) and that Mr Orange had gained no advantage. He submitted that a fine of $150 was an appropriate penalty.
Reasons for Penalty:
In determining penalty the Committee looked at the starting point of a $200 fine as provided in the Penalty Guide. Mr Orange was entitled to a discount for the two mitigating factors – that is to say, his admission of the breach and his clear record. There were no aggravating factors in the view of the Committee and, in particular, it was not alleged that Mr Orange had gained any advantage. The Committee fixed the discount at $50.
JCA Decision Fields (raw)
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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: 4745bbfb3d99eba6dd9d64fc29a5c768
informantnumber: A6730
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Sulky protruding inside marker line
plea: admitted
penaltyrequired: 1
decisiondate: 28/10/2015
hearing_title: Ashburton TC 26 October 2015 - R 2 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 2, Mainland Wool Handicap Pace, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Open Horseman, Mr B N Orange, alleging that, as the driver of HESTIA FRANCO in the race, he “shifted inwards approaching the 250 metres resulting in his sulky protruding inside the marker line”.
Mr Orange had signed the Statement by the Respondent at the foot of the information form indicating that he admitted the breach. Mr Ydgren confirmed to the hearing that Mr Orange did not wish to attend the hearing of the information.
Rule 869 provides as follows:
(7A) Every horseman who moves inwards shall ensure:
(b) that any part of the sulky does not protrude inside the marker line.
Mr Ydgren showed video replays of the relevant part of the race as the field rounded the home turn, with approximately 250 metres to race. He pointed out HESTIA FRANCO, driven by Mr Orange, racing 3-back on the pylons at that point. He then pointed out Mr Orange shift in and “run straight over” the last pylon before the passing lane. The horse in front of him at that stage, DON PIERRE (G D Smith) had led and was stopping and being driven vigorously. Mr Ydgren submitted that Mr Orange did not want to be held up and had improved “one marker too early”.
HESTIA FRANCO finished in 3rd placing but Mr Ydgren submitted that, having regard to the margin of 1¾ lengths between 3rd and 4th, the Stewards were satisfied that it had not gained an advantage.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Orange having admitted the charge, the charge was found proved.
sumissionsforpenalty:
Mr Ydgren submitted that the following factors should be taken into account by the Committee in arriving at penalty – Mr Orange’s admission of the breach, his record (which was clear) and that Mr Orange had gained no advantage. He submitted that a fine of $150 was an appropriate penalty.
reasonsforpenalty:
In determining penalty the Committee looked at the starting point of a $200 fine as provided in the Penalty Guide. Mr Orange was entitled to a discount for the two mitigating factors – that is to say, his admission of the breach and his clear record. There were no aggravating factors in the view of the Committee and, in particular, it was not alleged that Mr Orange had gained any advantage. The Committee fixed the discount at $50.
penalty:
Mr Orange was fined the sum of $150.
hearing_type: Hearing
Rules: 869(7A)(b)
Informant: N M Ydgren, Stipendiary Steward
JockeysandTrainer: B N Orange, Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: e0f1714faaf13fa41c64fa3898f4fe60
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: ff61dcde490e07e1c9b2b608b87dc6b3
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 26/10/2015
meet_title: Ashburton TC - 26 October 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: ashburton-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: SChing
meet_pm2: none
name: Ashburton TC