Auckland TC 14 November 2014 – R 7
ID: JCA13227
Meet Title:
Auckland TC - 14 November 2014
Meet Chair:
GJones
Meet Committee Member 1:
BScott
Race Date:
2014/11/14
Race Number:
R7
Decision:
As Mr McGowan admitted the breach we find the charge proved.
Penalty:
We impose a fine of $150.
Facts:
Following the running of Race 7, the Sims Pacific Metals Handicap Trot 2700m, an Information was filed by Stipendiary Steward Mr J Muirhead against Open Horseman Mr D McGowan, the driver of horse number 3, REVENUE MAKER, alleging a breach of Rules 869(7A) (a) and (b).
The Information particulars alleged that:
“Horseman D McGowan failed to ensure that contact was not made with any track markers and / or allowed the sulky of REVENUE MAKER to protrude inside the marker line”.
Rule 869(7A) (a) and (b) provides: that every horseman who moves inward shall ensure:
a) That contact is not made with any marker
b) That any part of the sulky does not protrude inside the marker line
Stipendiary Steward Mr B Jones demonstrated the breach to the Judicial Committee (the “Committee”) by way of video footage from the 450 metre to the 200 metre marker. He said that REVENUE MAKER travelled into the home straight entrance 3 back on the marker line. He said Mr McGowan allowed REVENUE MAKER to drift across and make contact with several marker pegs. He also advised that REVENUE MAKER was pacing roughly and broke for a few strides before finishing in 8th place.
Mr McGowan told the Committee that he has only had one or two raceday drives during the past 12 months and the reason he drove REVENUE MAKER was because it was having trouble adjusting to right hand racing. He said that REVENUE MAKER was a difficult drive and became unsettled entering the turn into the home straight. He freely acknowledged making contact with several track markers.
Submissions for Penalty:
Mr Jones referred to the JCA Penalty Guidelines as a starting point and submitted the Stewards' view was that this breach could be dealt with by way of a fine in the vicinity of $100 to $200. He told the Committee that Mr McGowan has a clear driving record and he should be given credit for admitting the breach at the first available opportunity.
Mr McGowan submitted that he agreed with the Stewards' submission and given his limited driving opportunities a suspension would have limited effect.
Reasons for Penalty:
In assessing penalty the Committee has taken into account the submissions of both the Informant and Defendant and we have also considered the Penalty Guidelines for Committees as well as recent penalties for similar breaches. The guidelines establish a starting point of 4 drives or $200 for allowing a sulky to protrude inside the marker line.
The Committee has noted that REVENUE MAKER did drift inside the marker line for 50 or 60 metres, and paced roughly and broke for a short distance before being restrained, but, it did not gain any advantage.
We have noted Mr McGowan’s good driving record, but given he has limited driving opportunities we give limited weight to the good record, but we have given him credit for admitting the breach at first available opportunity. This matter can be dealt with by way of a fine. A suspension is not appropriate as Mr McGowan drives infrequently.
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: 55700c0d3d5c4ada67f2c33065e84393
informantnumber: A2550
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Driver allowed sulky wheel to protrude inside track marker
plea: admitted
penaltyrequired: 1
decisiondate: 12/11/2014
hearing_title: Auckland TC 14 November 2014 - R 7
charge:
facts:
Following the running of Race 7, the Sims Pacific Metals Handicap Trot 2700m, an Information was filed by Stipendiary Steward Mr J Muirhead against Open Horseman Mr D McGowan, the driver of horse number 3, REVENUE MAKER, alleging a breach of Rules 869(7A) (a) and (b).
The Information particulars alleged that:
“Horseman D McGowan failed to ensure that contact was not made with any track markers and / or allowed the sulky of REVENUE MAKER to protrude inside the marker line”.
Rule 869(7A) (a) and (b) provides: that every horseman who moves inward shall ensure:
a) That contact is not made with any marker
b) That any part of the sulky does not protrude inside the marker line
Stipendiary Steward Mr B Jones demonstrated the breach to the Judicial Committee (the “Committee”) by way of video footage from the 450 metre to the 200 metre marker. He said that REVENUE MAKER travelled into the home straight entrance 3 back on the marker line. He said Mr McGowan allowed REVENUE MAKER to drift across and make contact with several marker pegs. He also advised that REVENUE MAKER was pacing roughly and broke for a few strides before finishing in 8th place.
Mr McGowan told the Committee that he has only had one or two raceday drives during the past 12 months and the reason he drove REVENUE MAKER was because it was having trouble adjusting to right hand racing. He said that REVENUE MAKER was a difficult drive and became unsettled entering the turn into the home straight. He freely acknowledged making contact with several track markers.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr McGowan admitted the breach we find the charge proved.
sumissionsforpenalty:
Mr Jones referred to the JCA Penalty Guidelines as a starting point and submitted the Stewards' view was that this breach could be dealt with by way of a fine in the vicinity of $100 to $200. He told the Committee that Mr McGowan has a clear driving record and he should be given credit for admitting the breach at the first available opportunity.
Mr McGowan submitted that he agreed with the Stewards' submission and given his limited driving opportunities a suspension would have limited effect.
reasonsforpenalty:
In assessing penalty the Committee has taken into account the submissions of both the Informant and Defendant and we have also considered the Penalty Guidelines for Committees as well as recent penalties for similar breaches. The guidelines establish a starting point of 4 drives or $200 for allowing a sulky to protrude inside the marker line.
The Committee has noted that REVENUE MAKER did drift inside the marker line for 50 or 60 metres, and paced roughly and broke for a short distance before being restrained, but, it did not gain any advantage.
We have noted Mr McGowan’s good driving record, but given he has limited driving opportunities we give limited weight to the good record, but we have given him credit for admitting the breach at first available opportunity. This matter can be dealt with by way of a fine. A suspension is not appropriate as Mr McGowan drives infrequently.
penalty:
We impose a fine of $150.
hearing_type: Hearing
Rules: 869(7A)(a) and (b)
Informant: Mr J Muirhead - Stipendiary Steward
JockeysandTrainer: Mr D McGowan - Open Horseman / Trainer
Otherperson: Mr B Jones - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: bf69f60a41141cfd88be212d33c7db78
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 0f6a329d65f917e387f2965ecd04ea78
meet_expapproval: approved
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 14/11/2014
meet_title: Auckland TC - 14 November 2014
meet_expappcomment:
meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "GJones", "Member": "", "OtherExpenses": "0", "KMs": "28", "Total": "17.36", "kmprice": 17.359999999999999, "Approved": "on"}]
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: GJones
meet_pm1: BScott
meet_pm2: none
name: Auckland TC