Ashburton TC 4 June 2017 – R 9 – Chair, Mr S Ching
ID: JCA13057
Meet Title:
Ashburton TC - 4 June 2017
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2017/06/04
Race Number:
R9
Decision:
As Mr Smith had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
Accordingly, Mr Smith was fined the sum of $200.
Facts:
Following the running of Race 7, the T F Pearson Memorial Handicap Trot, an Information was filed by Stipendiary Steward, Mr S Renault, against Open Horseman, Mr G Smith, alleging a breach of Rule 858(b) in that he presented HE’S LIKE THE WIND with 2 minutes until start time.
Rule 858(b) reads as follows:
Every horseman and/or person in charge of a horse shall ensure that:-
(b) the horse is on the race-track at least ten minutes before the time of starting, and at the post ready to start at least five minutes before the time of starting, or such other time as the Starter may direct.
Mr Smith had indicated on the Information that this breach of the Rules was admitted which he confirmed at the hearing. Mr Smith also confirmed that he understood the rule he was being charged with.
Stipendiary Steward, Mr Renault gave evidence that Mr Smith arrived into the birdcage 2 minutes prior to the start time of Race 9. He said Mr Smith went to the start area with only ½ a lap warm up. Mr Renault stated that the race was delayed partially due to Mr Smith’s lateness and another horse playing up at the start.
Mr Smith said he was at the start in time as the starter had not called the horses up at that stage. He said he usually delays this horse’s coming out and warming up as he ties up. He said he didn’t think it affected the horse in any way and would prefer to be late onto the track with this horse but the rules don’t allow it. Mr Smith said that when he put the colours on, the zip broke and he went out to his truck to find he did not have any other colours. He said after trying to fix the zip with assistance from other people he got some tape and taped the colours together in order to race, which caused the delay.
Submissions for Penalty:
Mr Renault stated that this offence is normally dealt with by way of a MIN. He said that this information was before the Committee as this was Mr Smith’s 3rd breach of this rule. On 31 March, Mr Smith was fined $100 for being late onto the track under 10 minutes and on 12 May at Addington he was a further $100 for the same offence. He said the MIN for being under 10 minutes late was a fine of $100 with a fine of $200 under a MIN for being under 5 minutes late.
He said this was Mr Smith’s 3rd offence within 120 days and the reason it was before the Committee. Mr Renault submitted that after hearing Mr Smith’s explanation, a $200 fine, which is in keeping with the MIN penalty, be considered as penalty in this case.
Reasons for Penalty:
The Committee agreed with Mr Renault, after hearing Mr Smith’s explanation, that a fine commensurate with the normal MIN fine of $200, be imposed as penalty.
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: 3bfa560b3dd629399cd02d9cf4cd6336
informantnumber: A9601
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Late presenting horse to race
plea: admitted
penaltyrequired: 1
decisiondate: 05/06/2017
hearing_title: Ashburton TC 4 June 2017 - R 9 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 7, the T F Pearson Memorial Handicap Trot, an Information was filed by Stipendiary Steward, Mr S Renault, against Open Horseman, Mr G Smith, alleging a breach of Rule 858(b) in that he presented HE’S LIKE THE WIND with 2 minutes until start time.
Rule 858(b) reads as follows:
Every horseman and/or person in charge of a horse shall ensure that:-
(b) the horse is on the race-track at least ten minutes before the time of starting, and at the post ready to start at least five minutes before the time of starting, or such other time as the Starter may direct.
Mr Smith had indicated on the Information that this breach of the Rules was admitted which he confirmed at the hearing. Mr Smith also confirmed that he understood the rule he was being charged with.
Stipendiary Steward, Mr Renault gave evidence that Mr Smith arrived into the birdcage 2 minutes prior to the start time of Race 9. He said Mr Smith went to the start area with only ½ a lap warm up. Mr Renault stated that the race was delayed partially due to Mr Smith’s lateness and another horse playing up at the start.
Mr Smith said he was at the start in time as the starter had not called the horses up at that stage. He said he usually delays this horse’s coming out and warming up as he ties up. He said he didn’t think it affected the horse in any way and would prefer to be late onto the track with this horse but the rules don’t allow it. Mr Smith said that when he put the colours on, the zip broke and he went out to his truck to find he did not have any other colours. He said after trying to fix the zip with assistance from other people he got some tape and taped the colours together in order to race, which caused the delay.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Smith had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
sumissionsforpenalty:
Mr Renault stated that this offence is normally dealt with by way of a MIN. He said that this information was before the Committee as this was Mr Smith’s 3rd breach of this rule. On 31 March, Mr Smith was fined $100 for being late onto the track under 10 minutes and on 12 May at Addington he was a further $100 for the same offence. He said the MIN for being under 10 minutes late was a fine of $100 with a fine of $200 under a MIN for being under 5 minutes late.
He said this was Mr Smith’s 3rd offence within 120 days and the reason it was before the Committee. Mr Renault submitted that after hearing Mr Smith’s explanation, a $200 fine, which is in keeping with the MIN penalty, be considered as penalty in this case.
reasonsforpenalty:
The Committee agreed with Mr Renault, after hearing Mr Smith’s explanation, that a fine commensurate with the normal MIN fine of $200, be imposed as penalty.
penalty:
Accordingly, Mr Smith was fined the sum of $200.
hearing_type: Hearing
Rules: 858(b)
Informant: Mr S Renault - Stipendiary Steward
JockeysandTrainer: Mr G Smith - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: bc5a07e969506907a5418325a1f9d480
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 4c9c7a88248df28fb5c937ec6266b933
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 04/06/2017
meet_title: Ashburton TC - 4 June 2017
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