Ashburton TC 31 May 2015 – R 1
ID: JCA15744
Meet Title:
Ashburton TC - 31 May 2015
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2015/05/31
Race Number:
R 1
Decision:
The charge was found to be proved.
Penalty:
Accordingly Mr Lowe was fined the sum of $400.
Facts:
Following the running of Race 1, the Frank Bebbington Memorial Trot, an Information was filed by Stipendiary Steward Mr R Quirk against Open Horseman, Mr A Lowe, alleging a breach of Rule 870(2) (b) in that he allowed WANDERING STAR to pace for approximately 400m during the running, failing to take reasonable steps to return it to its proper gait.
Rule 870(2)(b) reads as follows:
870 (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 Lowe had endorsed the Information that this breach of the Rules was admitted which he confirmed at the hearing. Mr Lowe also confirmed he understood the Rule under which he was being charged.
Mr Quirk gave evidence and showed video replays to show that Mr Lowe, driving WANDERING STAR, was positioned 3 back on the pylons and near the 2100m his horse was observed to slip into a pace. Mr Quirk stated that WANDERING STAR had continued on in a pace for approximately 400m before breaking and being taken down to inside of the track near the 1700m.
Mr Lowe stated to the Committee that WANDERING STAR had trotted away from the start satisfactorily and that he did not notice the horse switch over to a pace near the 2100m. He said that the track was soft which meant he could not hear the horse striking the track which can usually alert the driver to a change in gait.
As Mr Lowe had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Submissions for Penalty:
Mr Quirk stated that Mr Lowe had admitted the breach at the first opportunity but his record showed a breach of this rule on 18 January 2015 at Oamaru where he was fined the sum of $200. He stated that Mr Lowe has driven on 18 occasions so far this season with 25 total drives last season. He stated that the JCA Penalty Guide recommended a starting point of $400 for a breach of a similar rule 870(1). He submitted that taking Mr Lowe’s admission of the breach and the fact that this was his second breach of this rule, that a fine in the vicinity of $400 be considered as penalty.
Mr Lowe stated that Mr Quirk’s submission on penalty being a fine in the vicinity of $400 was fair.
Reasons for Penalty:
In determining penalty the Committee took into consideration Mr Lowe's frank admission of the breach as a mitigating factor. Against this we took into account, as an aggravating factor, that this was his second breach of this rule in the past 12 months. In taking the JCA Penalty Guide starting point for Rule 870(1) of $400 as a guide, we were able to give Mr Lowe a discount of $100 for his ready admission of the breach. However as this was Mr Lowe's second breach of the rule in the past 12 months an uplift of $100 in penalty was required. We therefore determined that a fine of $400 was an appropriate penalty in this case.
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: caaa18cf087884ed5d1ee17ac6360448
informantnumber: A1479
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of Rule 870(2)(b)
plea: admitted
penaltyrequired: 1
decisiondate: 11/06/2015
hearing_title: Ashburton TC 31 May 2015 - R 1
charge:
facts:
Following the running of Race 1, the Frank Bebbington Memorial Trot, an Information was filed by Stipendiary Steward Mr R Quirk against Open Horseman, Mr A Lowe, alleging a breach of Rule 870(2) (b) in that he allowed WANDERING STAR to pace for approximately 400m during the running, failing to take reasonable steps to return it to its proper gait.
Rule 870(2)(b) reads as follows:
870 (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 Lowe had endorsed the Information that this breach of the Rules was admitted which he confirmed at the hearing. Mr Lowe also confirmed he understood the Rule under which he was being charged.
Mr Quirk gave evidence and showed video replays to show that Mr Lowe, driving WANDERING STAR, was positioned 3 back on the pylons and near the 2100m his horse was observed to slip into a pace. Mr Quirk stated that WANDERING STAR had continued on in a pace for approximately 400m before breaking and being taken down to inside of the track near the 1700m.
Mr Lowe stated to the Committee that WANDERING STAR had trotted away from the start satisfactorily and that he did not notice the horse switch over to a pace near the 2100m. He said that the track was soft which meant he could not hear the horse striking the track which can usually alert the driver to a change in gait.
As Mr Lowe had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The charge was found to be proved.
sumissionsforpenalty:
Mr Quirk stated that Mr Lowe had admitted the breach at the first opportunity but his record showed a breach of this rule on 18 January 2015 at Oamaru where he was fined the sum of $200. He stated that Mr Lowe has driven on 18 occasions so far this season with 25 total drives last season. He stated that the JCA Penalty Guide recommended a starting point of $400 for a breach of a similar rule 870(1). He submitted that taking Mr Lowe’s admission of the breach and the fact that this was his second breach of this rule, that a fine in the vicinity of $400 be considered as penalty.
Mr Lowe stated that Mr Quirk’s submission on penalty being a fine in the vicinity of $400 was fair.
reasonsforpenalty:
In determining penalty the Committee took into consideration Mr Lowe's frank admission of the breach as a mitigating factor. Against this we took into account, as an aggravating factor, that this was his second breach of this rule in the past 12 months. In taking the JCA Penalty Guide starting point for Rule 870(1) of $400 as a guide, we were able to give Mr Lowe a discount of $100 for his ready admission of the breach. However as this was Mr Lowe's second breach of the rule in the past 12 months an uplift of $100 in penalty was required. We therefore determined that a fine of $400 was an appropriate penalty in this case.
penalty:
Accordingly Mr Lowe was fined the sum of $400.
hearing_type: Hearing
Rules: 870(2)(b)
Informant: Mr R Quirk - Stipendiary Steward
JockeysandTrainer: Mr A Lowe - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 8be881085b680266a12ae19cb47a0029
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 0a360aeeea94bf74b0d5c260b7a8b4cf
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 31/05/2015
meet_title: Ashburton TC - 31 May 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: ashburton-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: Ashburton TC