Auckland TC 14 August 2015 – R 6 – Chair, Mr B Scott
ID: JCA10760
Meet Title:
Auckland TC - 14 August 2015
Meet Chair:
BScott
Meet Committee Member 1:
ADooley
Race Date:
2015/08/14
Race Number:
R6
Decision:
The breach is admitted and accordingly the charge is proved.
Penalty:
The Committee imposes a fine of $200.00 on Mr Schumacher.
Facts:
Following the running of the GRAND HARBOUR RESTAURANT MOBILE PACE an Information was lodged by Stipendiary Steward Mr JM Muirhead against Junior Horseman Mr F Schumacher alleging that Mr Schumacher committed a breach of Rule 869(4) in that he drove VIEWFIELD APACHE carelessly striking the sulky of ATOMIC FALCON causing his own horse to gallop losing its chance approaching the 200 metres mark.
Mr Schumacher was present and he advised the Committee that he admitted the breach. Mr Schumacher as a Junior Horseman was assisted by Senior Horseman Mr S Phelan.
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 Muirhead demonstrated the incident by use of the race films and showed where prior to the 200 metres mark Mr Schumacher hunted his horse up behind ATOMIC FALCON but it contacted the sulky wheel of that horse and galloped losing its chance.
Mr Schumacher said that he tried to go through a gap but in doing so his horse struck a wheel and galloped.
Submissions for Penalty:
Mr Muirhead said that Mr Schumacher in striking a wheel had affected his own horse's chances and that was an aggravating factor.
He did say however that Mr Schumacher is a Junior Driver, he has a good record and he has admitted the breach and he should be given credit for these factors. He submitted that a fine between $200.00 and $300.00 would be appropriate.
Mr Phelan submitted that the incident was at the lower end of the scale of seriousness and that Mr Schumacher had made a small mistake that he will learn from. He submitted that a fine at the lower end would be appropriate.
He also asked the Committee to take into account the mitigating factors referred to by Mr Muirhead.
Reasons for Penalty:
The race films clearly show the incident as has been described by Mr Muirhead. It may have been a mistake on Mr Schumacher's part but the incident did cause his horse to break losing its chance and that is an aggravating factor.
We believe however that this incident is at the medium to lower end of the scale of seriousness and we note that Mr Schumacher has admitted the breach, he is a Junior Driver and he has a good record and he is given credit for these factors.
The JCA Guidelines provide for starting point penalties of suspension of Licence for 6 drives or a $300.00 fine. Our JCA Penalty Schedules show penalties generally of $200.00 and we think that that is appropriate in this instance.
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: 0bf1e0d8dd9eb29e08ff5b1a209ab143
informantnumber: A7427
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Interfering with the progress of his horse
plea: admitted
penaltyrequired: 1
decisiondate: 24/08/2015
hearing_title: Auckland TC 14 August 2015 - R 6 - Chair, Mr B Scott
charge:
facts:
Following the running of the GRAND HARBOUR RESTAURANT MOBILE PACE an Information was lodged by Stipendiary Steward Mr JM Muirhead against Junior Horseman Mr F Schumacher alleging that Mr Schumacher committed a breach of Rule 869(4) in that he drove VIEWFIELD APACHE carelessly striking the sulky of ATOMIC FALCON causing his own horse to gallop losing its chance approaching the 200 metres mark.
Mr Schumacher was present and he advised the Committee that he admitted the breach. Mr Schumacher as a Junior Horseman was assisted by Senior Horseman Mr S Phelan.
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 Muirhead demonstrated the incident by use of the race films and showed where prior to the 200 metres mark Mr Schumacher hunted his horse up behind ATOMIC FALCON but it contacted the sulky wheel of that horse and galloped losing its chance.
Mr Schumacher said that he tried to go through a gap but in doing so his horse struck a wheel and galloped.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The breach is admitted and accordingly the charge is proved.
sumissionsforpenalty:
Mr Muirhead said that Mr Schumacher in striking a wheel had affected his own horse's chances and that was an aggravating factor.
He did say however that Mr Schumacher is a Junior Driver, he has a good record and he has admitted the breach and he should be given credit for these factors. He submitted that a fine between $200.00 and $300.00 would be appropriate.
Mr Phelan submitted that the incident was at the lower end of the scale of seriousness and that Mr Schumacher had made a small mistake that he will learn from. He submitted that a fine at the lower end would be appropriate.
He also asked the Committee to take into account the mitigating factors referred to by Mr Muirhead.
reasonsforpenalty:
The race films clearly show the incident as has been described by Mr Muirhead. It may have been a mistake on Mr Schumacher's part but the incident did cause his horse to break losing its chance and that is an aggravating factor.
We believe however that this incident is at the medium to lower end of the scale of seriousness and we note that Mr Schumacher has admitted the breach, he is a Junior Driver and he has a good record and he is given credit for these factors.
The JCA Guidelines provide for starting point penalties of suspension of Licence for 6 drives or a $300.00 fine. Our JCA Penalty Schedules show penalties generally of $200.00 and we think that that is appropriate in this instance.
penalty:
The Committee imposes a fine of $200.00 on Mr Schumacher.
hearing_type: Hearing
Rules: 869(4)
Informant: Mr J M Muirhead - Stipendiary Steward
JockeysandTrainer: Mr F Schumacher - Junior Horseman
Otherperson: Mr S Phelan - Senior Horseman assisting Mr Schumacher
PersonPresent:
Respondent:
StipendSteward:
raceid: c06d2a010c46d5ba6019639a5f9a504b
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: aa9138a77cb0e7a240c74389ef278829
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 14/08/2015
meet_title: Auckland TC - 14 August 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: BScott
meet_pm1: ADooley
meet_pm2: none
name: Auckland TC