Auckland TC 30 August 2013 – R 5
ID: JCA12226
Meet Title:
Auckland TC - 30 August 2013
Meet Chair:
GJones
Meet Committee Member 1:
BScott
Race Date:
2013/08/30
Race Number:
R5
Decision:
The breach is admitted and is therefore proved.
Penalty:
Having taken all matters into account we impose a fine of $400.
Charge:
The information alleged following Race 5, Stablehand, Mr P Coppins directed foul language at the Starters Assistant, Mr J Wallace in the stable area within hearing of other people.
Mr Coppins endorsed the Information “I do admit the breach”. He elected to be present at the hearing.
Facts:
At the commencement of the hearing Mr Coppins was asked to confirm his guilty plea and that he understood the nature of the charge. Mr Coppins responded in the affirmative.
Rule 303(2) provides that:
“No person or body who holds a permit or licence under these Rules and no owner, trainer, breeder, stablehand .......shall misconduct himself....”
Mr Wallis advised the Committee that this charge arises from an incident the occurred after the running of race 5, the Green Star Energy Solutions Trot. He said that horse number 1 ELLAS’S SPEED was involved in a mishap at the start of the race and thereafter took no part in the race.
ELLAS’S SPEED was returned to the stabling area by the Starters Assistant Mr Wallace. Near the entrance to the stabling area Mr Coppins took exception to an incident that occurred involving ELLA’S SPEED. As a result he intervened and directed the language as described in the information at Mr Wallace.
Mr Wallis told the Committee that the stabling area was open to and used by the public and that the words uttered by Mr Coppins were heard by other people who were in the surrounding area.
Mr Coppins told the Committee that he freely acknowledged that he was wrong to have directed the language at the Starters Assistant, but he said he became concerned at the manner in which ELLAS’S SPEED was being handled. He said that ELLAS’S SPEED had special steering gear and the Starters Assistant pulled too hard causing the horse to rear up and fall. Mr Coppins said that this caused him to react.
Except for Mr Coppins submission no other evidence was placed before the Committee as to the veracity of the handling of ELLA’S SPEED by the Starters Assistant. We therefore make no further comment on this aspect other than accept that it was this that gave rise to the language used by Mr Coppins.
Submissions for Penalty:
Mr Wallis submitted that the (old) JCA guidelines establish a starting point for a breach of this rule at $500 and that the Stewards on this occasion recommend a fine in the vicinity of $500. He said that Mr Coppins has a clear record and he readily admitted the breach and therefore he should be given some credit.
Mr Coppins submitted that he should not have vented his anger at the Starters Assistant and he intended to immediately offer him an apology. He told the Committee that he sincerely regretted using foul language and that he would accept the consequences of his actions. He said that as a stable hand the $500 fine as recommended by the Stewards represented a considerable sum of money and sought a fine of a lesser amount.
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 recent penalties for similar breaches of this particular rule which have resulted in fines between $200 and $750. The current JCA Penalty Guidelines do not provide a starting point for a breach of this rule as breaches vary and are generally fact dependent.
The Committee acknowledges Mr Coppins clear record, his admission of the breach and his genuine remorse. We also note his intention to issue an apology for his behaviour. These are mitigating factors in Mr Coppins favour. The Committee also notes that the language used in a very public place was obscene and unnecessary albeit Mr Coppins belief that the horse under the control of the Starters Assistant could have been handled differently and there was a genuine concern for the welfare of the horse.
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: 42a7174b372b42c38f67778387ce5c5a
informantnumber: A3817
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 19/08/2013
hearing_title: Auckland TC 30 August 2013 - R 5
charge:
The information alleged following Race 5, Stablehand, Mr P Coppins directed foul language at the Starters Assistant, Mr J Wallace in the stable area within hearing of other people.
Mr Coppins endorsed the Information “I do admit the breach”. He elected to be present at the hearing.
facts:
At the commencement of the hearing Mr Coppins was asked to confirm his guilty plea and that he understood the nature of the charge. Mr Coppins responded in the affirmative.
Rule 303(2) provides that:
“No person or body who holds a permit or licence under these Rules and no owner, trainer, breeder, stablehand .......shall misconduct himself....”
Mr Wallis advised the Committee that this charge arises from an incident the occurred after the running of race 5, the Green Star Energy Solutions Trot. He said that horse number 1 ELLAS’S SPEED was involved in a mishap at the start of the race and thereafter took no part in the race.
ELLAS’S SPEED was returned to the stabling area by the Starters Assistant Mr Wallace. Near the entrance to the stabling area Mr Coppins took exception to an incident that occurred involving ELLA’S SPEED. As a result he intervened and directed the language as described in the information at Mr Wallace.
Mr Wallis told the Committee that the stabling area was open to and used by the public and that the words uttered by Mr Coppins were heard by other people who were in the surrounding area.
Mr Coppins told the Committee that he freely acknowledged that he was wrong to have directed the language at the Starters Assistant, but he said he became concerned at the manner in which ELLAS’S SPEED was being handled. He said that ELLAS’S SPEED had special steering gear and the Starters Assistant pulled too hard causing the horse to rear up and fall. Mr Coppins said that this caused him to react.
Except for Mr Coppins submission no other evidence was placed before the Committee as to the veracity of the handling of ELLA’S SPEED by the Starters Assistant. We therefore make no further comment on this aspect other than accept that it was this that gave rise to the language used by Mr Coppins.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The breach is admitted and is therefore proved.
sumissionsforpenalty:
Mr Wallis submitted that the (old) JCA guidelines establish a starting point for a breach of this rule at $500 and that the Stewards on this occasion recommend a fine in the vicinity of $500. He said that Mr Coppins has a clear record and he readily admitted the breach and therefore he should be given some credit.
Mr Coppins submitted that he should not have vented his anger at the Starters Assistant and he intended to immediately offer him an apology. He told the Committee that he sincerely regretted using foul language and that he would accept the consequences of his actions. He said that as a stable hand the $500 fine as recommended by the Stewards represented a considerable sum of money and sought a fine of a lesser amount.
reasonsforpenalty:
In assessing penalty the Committee has taken into account the submissions of both the Informant and Defendant and we have also considered recent penalties for similar breaches of this particular rule which have resulted in fines between $200 and $750. The current JCA Penalty Guidelines do not provide a starting point for a breach of this rule as breaches vary and are generally fact dependent.
The Committee acknowledges Mr Coppins clear record, his admission of the breach and his genuine remorse. We also note his intention to issue an apology for his behaviour. These are mitigating factors in Mr Coppins favour. The Committee also notes that the language used in a very public place was obscene and unnecessary albeit Mr Coppins belief that the horse under the control of the Starters Assistant could have been handled differently and there was a genuine concern for the welfare of the horse.
penalty:
Having taken all matters into account we impose a fine of $400.
hearing_type: Hearing
Rules: R303(2)
Informant: Mr S Wallis - Stipendiary Steward
JockeysandTrainer: Mr P Coppins - Licensed Stablehand
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: fa18eb579019e29117da2ebfe2c6b3e8
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 378bd4e5cd5f2990d68d0e94570de23b
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 30/08/2013
meet_title: Auckland TC - 30 August 2013
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