Auckland TC 26 August 2016 – R 1 – Chair, Mr B Scott
ID: JCA11803
Meet Title:
Auckland TC - 26 August 2016
Meet Chair:
BScott
Meet Committee Member 1:
ADooley
Race Date:
2016/08/26
Race Number:
R
Decision:
The breach is admitted and therefore the charge is upheld.
Penalty:
The Committee fines Mr Argue the sum of $200.00.
Facts:
Following the running of the AG HERLIHY LEADING TRAINER/DRIVER 2015 TROT an Information was lodged by Stipendiary Steward Mr JM Muirhead against Junior Driver Mr R Argue alleging that Mr Argue as the driver of SPEEDY LAVROS allowed his horse to start other than from its correct barrier position.
Rule 862(2) provides: "that a horseman shall not permit his horse to start from other than its correct barrier position."
Mr Argue was present at the Hearing and he advised the Committee that he admitted the breach. Mr Argue is a Junior Horseman and therefore he was assisted by Senior Horseman Mr JI Dickie.
The parties agreed that they did not need to have the race films shown again because they had been used in the Protest Hearing for SPEEDY LAVROS. Mr Dickie advised that he had viewed the films.
The Committee asked Mr Argue if he did not think it strange that the 3 other experienced horsemen remained wide on the track in the correct unruly positions and yet he had gone down to the inside of the track. Mr Argue said he didn't think about that but was rather concentrating on getting his horse to begin properly.
Submissions for Penalty:
Mr Muirhead at the beginning of his penalty submissions referred to the starting point penalties in the JCA Guidelines which for this Rule are a suspension of Licence for 8 drives or a $400.00 fine.
He did say that in mitigation the Committee should take into account the fact that the Starter's Assistant walked down with Mr Argue's horse at the start. This may have given the wrong impression.
Mr Muirhead also asked the Committee to take into account Mr Argue's admission of the breach, his clear record and the fact that he is a Junior Driver.
Mr Argue asked that the matter be dealt with by way of a fine. He acknowledged that it was an obvious mistake and he has learnt from it.
Reasons for Penalty:
The Committee has viewed the films numerous times and we have taken into account the aggravating and mitigating factors. Clearly the aggravating factor is the fact that Mr Argue's actions resulted in his horse being disqualified (albeit from 5th position).
By way of mitigation we take the view that this was a mistake by an inexperienced driver and we also believe that the Starter's Assistant walking down with the horse may not have assisted Mr Argue in electing where to start.
We also take into account Mr Argue's admission of the breach, his clear record under this Rule and the fact that he is a Junior Driver.
We referred to the JCA Guidelines for the starting point penalties (as set out above) under the Rule and we have also viewed the JCA Penalty Schedules that are available to us for other penalties under this Rule.
We have taken all matters into account and will deal with this by way of a fine and we think $200.00 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: 324836af4703c46fff2d5c6a83fae44f
informantnumber: A7964
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Starting from incorrect barrier position.
plea: admitted
penaltyrequired: 1
decisiondate: 30/08/2016
hearing_title: Auckland TC 26 August 2016 - R 1 - Chair, Mr B Scott
charge:
facts:
Following the running of the AG HERLIHY LEADING TRAINER/DRIVER 2015 TROT an Information was lodged by Stipendiary Steward Mr JM Muirhead against Junior Driver Mr R Argue alleging that Mr Argue as the driver of SPEEDY LAVROS allowed his horse to start other than from its correct barrier position.
Rule 862(2) provides: "that a horseman shall not permit his horse to start from other than its correct barrier position."
Mr Argue was present at the Hearing and he advised the Committee that he admitted the breach. Mr Argue is a Junior Horseman and therefore he was assisted by Senior Horseman Mr JI Dickie.
The parties agreed that they did not need to have the race films shown again because they had been used in the Protest Hearing for SPEEDY LAVROS. Mr Dickie advised that he had viewed the films.
The Committee asked Mr Argue if he did not think it strange that the 3 other experienced horsemen remained wide on the track in the correct unruly positions and yet he had gone down to the inside of the track. Mr Argue said he didn't think about that but was rather concentrating on getting his horse to begin properly.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The breach is admitted and therefore the charge is upheld.
sumissionsforpenalty:
Mr Muirhead at the beginning of his penalty submissions referred to the starting point penalties in the JCA Guidelines which for this Rule are a suspension of Licence for 8 drives or a $400.00 fine.
He did say that in mitigation the Committee should take into account the fact that the Starter's Assistant walked down with Mr Argue's horse at the start. This may have given the wrong impression.
Mr Muirhead also asked the Committee to take into account Mr Argue's admission of the breach, his clear record and the fact that he is a Junior Driver.
Mr Argue asked that the matter be dealt with by way of a fine. He acknowledged that it was an obvious mistake and he has learnt from it.
reasonsforpenalty:
The Committee has viewed the films numerous times and we have taken into account the aggravating and mitigating factors. Clearly the aggravating factor is the fact that Mr Argue's actions resulted in his horse being disqualified (albeit from 5th position).
By way of mitigation we take the view that this was a mistake by an inexperienced driver and we also believe that the Starter's Assistant walking down with the horse may not have assisted Mr Argue in electing where to start.
We also take into account Mr Argue's admission of the breach, his clear record under this Rule and the fact that he is a Junior Driver.
We referred to the JCA Guidelines for the starting point penalties (as set out above) under the Rule and we have also viewed the JCA Penalty Schedules that are available to us for other penalties under this Rule.
We have taken all matters into account and will deal with this by way of a fine and we think $200.00 is appropriate.
penalty:
The Committee fines Mr Argue the sum of $200.00.
hearing_type: Hearing
Rules: Rule 862(2)
Informant: Mr J M Muirhead - Stipendiary Steward
JockeysandTrainer: Mr R Argue - Junior Driver
Otherperson: Mr J I Dickie - Senior Horseman assisting Mr Argue
PersonPresent:
Respondent:
StipendSteward:
raceid: c9dd7d4bc3b6962bc67ee0c9af85b247
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 6b17180b7fa2cb6f3127e67b7e7ec5f9
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 26/08/2016
meet_title: Auckland TC - 26 August 2016
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