Auckland TC 23 January 2015 – R 9
ID: JCA14959
Meet Title:
Auckland TC - 23 January 2015
Meet Chair:
GJones
Meet Committee Member 1:
BScott
Race Date:
2015/01/23
Race Number:
R9
Decision:
The breach is admitted and is therefore proved.
Penalty:
Having given consideration to all matters we impose a fine of $250.
Facts:
Following the running of race 9 the Woodlands Stud Mile High Series (Heat 1) Mobile Pace, an Information was filed by Stipendiary Steward, Mr J Muirhead alleging that Open Horseman, “Mr D McGowan failed to maintain barrier his position 5 behind the mobile gate on PIXEL impeding the progress of SIMPLY STUNNING”.
Mr McGowan admitted the breach but elected not to attend the hearing.
Using available video footage Mr Muirhead demonstrated the incident. He advised the Committee that initially when the field scored up behind the mobile barrier, PIXEL, driven by Mr McGowan took up its place at barrier number 5. Well before the start of the race Mr McGowan allowed PIXEL to drift back into the second line. In doing so PIXEL hampered SIMPLY STUNNING and prevented that horse gaining a fair start. PIXEL eventually locked wheels with SIMPLY STUNNING and the chances of both horses were severely affected.
Mr McGowan was not present at the hearing but Mr Muirhead advised the Committee that during the Stewards post race investigation into the incident Mr McGowan advised that he was ‘nursing’ his horse due to previous problems with the horse at the start of its races.
Submissions for Penalty:
Mr Muirhead submitted that the breach was at the top end due to the interference caused to SIMPLY STUNNING. He said the breach could be dealt with by way of a fine not less than $250. He added that Mr McGowan has a good driving record.
As Mr McGowan was not present no penalty submissions were presented on his behalf.
Reasons for Penalty:
In assessing penalty the Committee has considered penalties handed out for similar breaches and have noted the JCA Penalty Guidelines. Similar breaches have attracted penalties ranging from a mix of a $100 fine plus 1 day suspension through to a $250 fine. Penalty guidelines establish a starting point of 5 drives or $250 fine.
The Committee has assessed this breach as being above mid-range noting that two horses had their chances of finishing in a better position eliminated. There are no mitigating factors.
The Committee has taken into account Mr McGowan’s good record and his admission of the breach.
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: 914eb6e5fdeb9e3fcb772013acf203ba
informantnumber: A7404
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: (failed to maintain position behind mobile arm)
plea: admitted
penaltyrequired: 1
decisiondate: 13/01/2015
hearing_title: Auckland TC 23 January 2015 - R 9
charge:
facts:
Following the running of race 9 the Woodlands Stud Mile High Series (Heat 1) Mobile Pace, an Information was filed by Stipendiary Steward, Mr J Muirhead alleging that Open Horseman, “Mr D McGowan failed to maintain barrier his position 5 behind the mobile gate on PIXEL impeding the progress of SIMPLY STUNNING”.
Mr McGowan admitted the breach but elected not to attend the hearing.
Using available video footage Mr Muirhead demonstrated the incident. He advised the Committee that initially when the field scored up behind the mobile barrier, PIXEL, driven by Mr McGowan took up its place at barrier number 5. Well before the start of the race Mr McGowan allowed PIXEL to drift back into the second line. In doing so PIXEL hampered SIMPLY STUNNING and prevented that horse gaining a fair start. PIXEL eventually locked wheels with SIMPLY STUNNING and the chances of both horses were severely affected.
Mr McGowan was not present at the hearing but Mr Muirhead advised the Committee that during the Stewards post race investigation into the incident Mr McGowan advised that he was ‘nursing’ his horse due to previous problems with the horse at the start of its races.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The breach is admitted and is therefore proved.
sumissionsforpenalty:
Mr Muirhead submitted that the breach was at the top end due to the interference caused to SIMPLY STUNNING. He said the breach could be dealt with by way of a fine not less than $250. He added that Mr McGowan has a good driving record.
As Mr McGowan was not present no penalty submissions were presented on his behalf.
reasonsforpenalty:
In assessing penalty the Committee has considered penalties handed out for similar breaches and have noted the JCA Penalty Guidelines. Similar breaches have attracted penalties ranging from a mix of a $100 fine plus 1 day suspension through to a $250 fine. Penalty guidelines establish a starting point of 5 drives or $250 fine.
The Committee has assessed this breach as being above mid-range noting that two horses had their chances of finishing in a better position eliminated. There are no mitigating factors.
The Committee has taken into account Mr McGowan’s good record and his admission of the breach.
penalty:
Having given consideration to all matters we impose a fine of $250.
hearing_type: Hearing
Rules: 857(7)(g)
Informant: Mr J Muirhead - Stipendiary Steward
JockeysandTrainer: Mr D McGowan - Open Horseman / Trainer
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 1d7ef908cd3bc1beb9ccae99200ce905
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: a900046918ee7762118004c33f0ccbd7
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 23/01/2015
meet_title: Auckland TC - 23 January 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: GJones
meet_pm1: BScott
meet_pm2: none
name: Auckland TC