Auckland TC 26 May 2017 – R 1 – Chair, Mr A Godsalve
ID: JCA14212
Meet Title:
Auckland TC - 26 May 2017
Meet Chair:
AGodsalve
Meet Committee Member 1:
ADooley
Race Date:
2017/05/26
Race Number:
R 1
Decision:
As Mr Abernethy has admitted the breach we find the charge proved.
Penalty:
Accordingly we impose a fine of $200 on Mr Abernethy.
Facts:
Following the running of Race 1, the REHARVEST MOBILE TROT 2200m, Mr Muirhead presented an Information alleging that Mr Abernethy had permitted WAY TO GO to start from other than its correct mobile barrier position.
Mr Abernethy was present at the hearing and acknowledged that he understood the Rule and that he admitted the breach.
Rule 862(2) provides 'No horseman shall permit a horse to start and no horse shall start other than from its correct barrier position or in advance of its correct barrier position (either at a standing or mobile start) unless directed by the Starter in accordance with Rule 860(8).'
Using the available films Mr Muirhead demonstrated the incident. He said that WAY TO GO was listed to start from the Unruly1 position behind the mobile barrier. He added that this meant that the horse should be at least 5 wide on the 2nd line. Mr Muirhead submitted that WAY TO GO had started alongside the horse in the 1st position on the 2nd line, had then gone off stride and had galloped for approximately 100m. He said that the horse had 'started from the wrong place' and was in breach of the Rule. Mr Muirhead added that the Stewards had spoken to the Starter about this incident.
Mr Abernethy acknowledged that he had started from the incorrect position. He said it was the first time WAY TO GO had started from behind the mobile. He added that he had not received any call from the Starter about being in the wrong position.
Submissions for Penalty:
Mr Muirhead referred to the JCA Penalty Guide which provided for a fine of $400 or an 8 drive suspension for a breach of this Rule. He added that it was to Mr Abernethy's credit that he had admitted the breach, and that he did not have any prior breaches of this Rule.
Mr Abernethy had no comment to make about any penalty to be imposed.
Reasons for Penalty:
The Committee confirmed that the JCA Penalty Guide had a $400 fine or an 8 drive suspension as a starting point. We accept that Mr Abernethy has not previously breached this Rule, and acknowledge that he has admitted the breach. It was clear that the horse WAY TO GO did not gain any advantage as a result of this incident. The Committee ascertained that other drivers charged under this Rule had in the main been fined $200.
JCA Decision Fields (raw)
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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: a830bc1c8074cbf9eae6c7d2ea51b3b6
informantnumber: A9111
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Starting from incorrect position
plea: admitted
penaltyrequired: 1
decisiondate: 26/05/2017
hearing_title: Auckland TC 26 May 2017 - R 1 - Chair, Mr A Godsalve
charge:
facts:
Following the running of Race 1, the REHARVEST MOBILE TROT 2200m, Mr Muirhead presented an Information alleging that Mr Abernethy had permitted WAY TO GO to start from other than its correct mobile barrier position.
Mr Abernethy was present at the hearing and acknowledged that he understood the Rule and that he admitted the breach.
Rule 862(2) provides 'No horseman shall permit a horse to start and no horse shall start other than from its correct barrier position or in advance of its correct barrier position (either at a standing or mobile start) unless directed by the Starter in accordance with Rule 860(8).'
Using the available films Mr Muirhead demonstrated the incident. He said that WAY TO GO was listed to start from the Unruly1 position behind the mobile barrier. He added that this meant that the horse should be at least 5 wide on the 2nd line. Mr Muirhead submitted that WAY TO GO had started alongside the horse in the 1st position on the 2nd line, had then gone off stride and had galloped for approximately 100m. He said that the horse had 'started from the wrong place' and was in breach of the Rule. Mr Muirhead added that the Stewards had spoken to the Starter about this incident.
Mr Abernethy acknowledged that he had started from the incorrect position. He said it was the first time WAY TO GO had started from behind the mobile. He added that he had not received any call from the Starter about being in the wrong position.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Abernethy has admitted the breach we find the charge proved.
sumissionsforpenalty:
Mr Muirhead referred to the JCA Penalty Guide which provided for a fine of $400 or an 8 drive suspension for a breach of this Rule. He added that it was to Mr Abernethy's credit that he had admitted the breach, and that he did not have any prior breaches of this Rule.
Mr Abernethy had no comment to make about any penalty to be imposed.
reasonsforpenalty:
The Committee confirmed that the JCA Penalty Guide had a $400 fine or an 8 drive suspension as a starting point. We accept that Mr Abernethy has not previously breached this Rule, and acknowledge that he has admitted the breach. It was clear that the horse WAY TO GO did not gain any advantage as a result of this incident. The Committee ascertained that other drivers charged under this Rule had in the main been fined $200.
penalty:
Accordingly we impose a fine of $200 on Mr Abernethy.
hearing_type: Hearing
Rules: Rule 862(2)
Informant: Mr J Muirhead (Stipendiary Steward)
JockeysandTrainer: Mr J Abernethy - Licensed Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: ed65b099ca59e046aac2e7cf39364415
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 033bfca668fe27cbb76ab2b8964b2834
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 26/05/2017
meet_title: Auckland TC - 26 May 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: AGodsalve
meet_pm1: ADooley
meet_pm2: none
name: Auckland TC