Auckland TC 26 January 2017 – R 7 – Chair, Mr A Dooley
ID: JCA15980
Meet Title:
Auckland TC - 26 January 2017
Meet Chair:
ADooley
Meet Committee Member 1:
AGodsalve
Meet Committee Member 2:
ASmith
Race Date:
2017/01/26
Race Number:
R7
Decision:
As Mr Marshall admitted the breach the Committee find the charge proved.
Penalty:
Accordingly, Mr Marshall was fined $200.
Facts:
Following the running of race 7, Pascoe the Jewellers Mobile Pace, an Information was filed pursuant to Rule 869(4) and Passing Lane Regulations. The Informant, Mr Muirhead, alleged that Mr Marshall allowed TURBULENT FLOW (Leader) to shift down into the Passing Lane early in the run home thereby failing to allow the trailing runners full access to the expanded inside lane.
Mr Marshall acknowledged that he understood the Rule and confirmed his admission of the breach.
Rule 869(4) provides: No horse shall during any race do anything which interferes or is likely to interfere with any other horse or its progress.
Regulations (4) In the last lap of any race the leading horse on the running line shall, upon entering the home straight, maintain as straight a course as possible parallel to the running line and allow the trailing horses full access to the expanded inside lane.
Regulations (6) Subject to clause 4 hereof, in the last lap of any race no horse shall move inwards into the expanded inside lane (or any part thereof) when it has an unimpeded run to the finish line.
Mr Muirhead demonstrated the incident using the available video footage. He identified that Mr Marshall allowed TURBULENT FLOW to shift in early in the home straight. He said that Mr Marshall failed to take any corrective action.
Mr Marshall admitted that he should have taken corrective action to keep his horse out of the passing lane.
Submissions for Penalty:
Mr Muirhead referred to the JCA Penalty Guide which recommends 6 drives or $300 fine. He said Mr Marshall should be given credit for his admission of the breach and his clear record. Mr Muirhead recommended a fine of $250.
Mr Marshall asked the Committee to take into account his clear record, admission of the breach and the fact his actions did not affect any other horses in the home straight.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. The Penalty Guide for Judicial Committees recommends that the starting point is 6 drives or a $300 fine.
The mitigating factors were Mr Marshall’s frank admission of the breach, his excellent record and we assess the gravity of the breach was at the low end. The head on film clearly showed that Mr Marshall did not interfere with the progress of any other horses in the home straight.
The Committee note that after viewing video footage of the incident the Stewards elected not to proceed with a Protest against the winner TURBULENT FLOW.
This breach clearly did not warrant a suspension.
After taking into account all the above and placing emphasis on the notable mitigating factors the Committee considered an appropriate penalty was a fine.
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: aad03f467e2143fb6498faaff8652fff
informantnumber: A7983
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Failed to allow full access to Passing Lane
plea: admitted
penaltyrequired: 1
decisiondate: 27/01/2017
hearing_title: Auckland TC 26 January 2017 - R 7 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 7, Pascoe the Jewellers Mobile Pace, an Information was filed pursuant to Rule 869(4) and Passing Lane Regulations. The Informant, Mr Muirhead, alleged that Mr Marshall allowed TURBULENT FLOW (Leader) to shift down into the Passing Lane early in the run home thereby failing to allow the trailing runners full access to the expanded inside lane.
Mr Marshall acknowledged that he understood the Rule and confirmed his admission of the breach.
Rule 869(4) provides: No horse shall during any race do anything which interferes or is likely to interfere with any other horse or its progress.
Regulations (4) In the last lap of any race the leading horse on the running line shall, upon entering the home straight, maintain as straight a course as possible parallel to the running line and allow the trailing horses full access to the expanded inside lane.
Regulations (6) Subject to clause 4 hereof, in the last lap of any race no horse shall move inwards into the expanded inside lane (or any part thereof) when it has an unimpeded run to the finish line.
Mr Muirhead demonstrated the incident using the available video footage. He identified that Mr Marshall allowed TURBULENT FLOW to shift in early in the home straight. He said that Mr Marshall failed to take any corrective action.
Mr Marshall admitted that he should have taken corrective action to keep his horse out of the passing lane.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Marshall admitted the breach the Committee find the charge proved.
sumissionsforpenalty:
Mr Muirhead referred to the JCA Penalty Guide which recommends 6 drives or $300 fine. He said Mr Marshall should be given credit for his admission of the breach and his clear record. Mr Muirhead recommended a fine of $250.
Mr Marshall asked the Committee to take into account his clear record, admission of the breach and the fact his actions did not affect any other horses in the home straight.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. The Penalty Guide for Judicial Committees recommends that the starting point is 6 drives or a $300 fine.
The mitigating factors were Mr Marshall’s frank admission of the breach, his excellent record and we assess the gravity of the breach was at the low end. The head on film clearly showed that Mr Marshall did not interfere with the progress of any other horses in the home straight.
The Committee note that after viewing video footage of the incident the Stewards elected not to proceed with a Protest against the winner TURBULENT FLOW.
This breach clearly did not warrant a suspension.
After taking into account all the above and placing emphasis on the notable mitigating factors the Committee considered an appropriate penalty was a fine.
penalty:
Accordingly, Mr Marshall was fined $200.
hearing_type: Hearing
Rules: 869(4) & Passing Lane Regulations
Informant: Mr J Muirhead - Senior Stipendiary Steward
JockeysandTrainer: Mr K Marshall - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 8bfa4448709709eeb2306f54fc09f7a2
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: bd9587f60d3c51f1c35d22cf63ba865e
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 26/01/2017
meet_title: Auckland TC - 26 January 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: ADooley
meet_pm1: AGodsalve
meet_pm2: ASmith
name: Auckland TC