Auckland TC 12 August 2016 – R 3 – Chair, Mr B Scott
ID: JCA10549
Meet Title:
Auckland TC - 12 August 2016
Meet Chair:
BScott
Meet Committee Member 1:
AGodsalve
Race Date:
2016/08/12
Race Number:
R3
Decision:
The breach is admitted and therefore the charge is upheld.
Penalty:
The Committee fines Mr Argue the sum of $250.00.
Facts:
Following the running of the THAI NIGHT AT ALEX PARK 16 SEPT MOBILE PACE an Information was lodged by Stipendiary Steward Mr S Mulcay against Junior Driver Mr R Argue alleging that Mr Argue as the Driver of RIO GRANDE attempted to force CHANGESAW (Driver J Stormont) down from a one out position near the 1700 metres mark which resulted in CHANGESAW galloping and losing considerable ground.
Rule 869(4) provides "no horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress"
Mr Argue was present and he advised the Committee that he admitted the breach. Mr Argue was assisted by Senior Horseman Mr P Butcher.
Mr Mulcay demonstrated the incident by use of the race films and showed where RIO GRANDE was 3 wide at the rear of the field at the 1900 metres mark. CHANGESAW was on the inside and there was room on the inside of CHANGESAW. He then showed where Mr Argue attempted to shift down onto Mr Stormont's horse but he did not have a clear advantage over that horse. He said that Mr Stormont resisted Mr Argue's attempts and the manoeuvre went on for some time. The end result was that the stays became locked and then CHANGESAW went into a gallop losing its chance.
Mr Butcher did not appear to want to speak to the incident or the effects on the Owners of CHANGESAW. He seemed more intent on expressing his view about how Junior Drivers are dealt with by the JCA. It was firmly pointed out to Mr Butcher that as JCA members we do not like having to deal with Junior Drivers but that was part of our job.
Mr Butcher then went on to make penalty submissions.
Submissions for Penalty:
Mr Mulcay said that the aggravating factors were that Mr Argue only had to go back one place to be able to move in but instead he attempted to push Mr Stormont's horse down when he did not have a clear advantage and was not entitled to do so. He further said that the Owners of CHANGESAW and the Public lost money as a result of the interference and the horse losing its chance.
He said that in mitigation Mr Argue has admitted the breach, is a Junior Driver and he has a good record.
He referred to the starting point penalty in the JCA Guidelines which is a fine of $400.00 and/or a suspension of Licence for 8 drives. He submitted that a fine was appropriate.
Reasons for Penalty:
The incident is clearly shown on the race films. There are a number of aggravating features which are firstly that this was a deliberate act on the part of Mr Argue and secondly not only did he not have an advantage over CHANGESAW but the incident went on for some time. Mr Argue's horse in our view was not causing him any problems and we view the incident as being above the mid range of seriousness. There is also a financial cost to the Owners of CHANGESAW.
We are concerned about the nature of this incident.
We give Mr Argue credit for his admission of the breach, his good record and the fact that he is a Junior Driver. We are told that Mr Argue was previously a Junior Driver but that he gave that up a few years ago but he is now actively attempting to get back into the Industry.
We hope that Mr Argue learns from this incident.
We note the starting point penalty in the JCA Guidelines and we also have the benefit of JCA Penalty Schedules.
We are going to deal with this by way of a fine and taking all matters into account including Mr Argue's efforts to get back into the Industry and his relative inexperience we believe that a fine of $250.00 is appropriate.
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: 02187453860db70521084fd7a3028bd9
informantnumber: A7961
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Interfering with the progress of another horse
plea: admitted
penaltyrequired: 1
decisiondate: 24/08/2016
hearing_title: Auckland TC 12 August 2016 - R 3 - Chair, Mr B Scott
charge:
facts:
Following the running of the THAI NIGHT AT ALEX PARK 16 SEPT MOBILE PACE an Information was lodged by Stipendiary Steward Mr S Mulcay against Junior Driver Mr R Argue alleging that Mr Argue as the Driver of RIO GRANDE attempted to force CHANGESAW (Driver J Stormont) down from a one out position near the 1700 metres mark which resulted in CHANGESAW galloping and losing considerable ground.
Rule 869(4) provides "no horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress"
Mr Argue was present and he advised the Committee that he admitted the breach. Mr Argue was assisted by Senior Horseman Mr P Butcher.
Mr Mulcay demonstrated the incident by use of the race films and showed where RIO GRANDE was 3 wide at the rear of the field at the 1900 metres mark. CHANGESAW was on the inside and there was room on the inside of CHANGESAW. He then showed where Mr Argue attempted to shift down onto Mr Stormont's horse but he did not have a clear advantage over that horse. He said that Mr Stormont resisted Mr Argue's attempts and the manoeuvre went on for some time. The end result was that the stays became locked and then CHANGESAW went into a gallop losing its chance.
Mr Butcher did not appear to want to speak to the incident or the effects on the Owners of CHANGESAW. He seemed more intent on expressing his view about how Junior Drivers are dealt with by the JCA. It was firmly pointed out to Mr Butcher that as JCA members we do not like having to deal with Junior Drivers but that was part of our job.
Mr Butcher then went on to make penalty submissions.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The breach is admitted and therefore the charge is upheld.
sumissionsforpenalty:
Mr Mulcay said that the aggravating factors were that Mr Argue only had to go back one place to be able to move in but instead he attempted to push Mr Stormont's horse down when he did not have a clear advantage and was not entitled to do so. He further said that the Owners of CHANGESAW and the Public lost money as a result of the interference and the horse losing its chance.
He said that in mitigation Mr Argue has admitted the breach, is a Junior Driver and he has a good record.
He referred to the starting point penalty in the JCA Guidelines which is a fine of $400.00 and/or a suspension of Licence for 8 drives. He submitted that a fine was appropriate.
reasonsforpenalty:
The incident is clearly shown on the race films. There are a number of aggravating features which are firstly that this was a deliberate act on the part of Mr Argue and secondly not only did he not have an advantage over CHANGESAW but the incident went on for some time. Mr Argue's horse in our view was not causing him any problems and we view the incident as being above the mid range of seriousness. There is also a financial cost to the Owners of CHANGESAW.
We are concerned about the nature of this incident.
We give Mr Argue credit for his admission of the breach, his good record and the fact that he is a Junior Driver. We are told that Mr Argue was previously a Junior Driver but that he gave that up a few years ago but he is now actively attempting to get back into the Industry.
We hope that Mr Argue learns from this incident.
We note the starting point penalty in the JCA Guidelines and we also have the benefit of JCA Penalty Schedules.
We are going to deal with this by way of a fine and taking all matters into account including Mr Argue's efforts to get back into the Industry and his relative inexperience we believe that a fine of $250.00 is appropriate.
penalty:
The Committee fines Mr Argue the sum of $250.00.
hearing_type: Hearing
Rules: Rule 869(4)
Informant: Mr S Mulcay - Stipendiary Steward
JockeysandTrainer: Mr R Argue - Junior Driver
Otherperson: Mr P Butcher - Senior Horseman assisting Mr Argue
PersonPresent:
Respondent:
StipendSteward:
raceid: db9f910e4c191588057f2dc7518999b7
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 9f72674b3d8a7706165b45708aeb0238
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 12/08/2016
meet_title: Auckland TC - 12 August 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: BScott
meet_pm1: AGodsalve
meet_pm2: none
name: Auckland TC