Auckland TC – 7 November 2008 – Race 5
ID: JCA19998
Hearing Type (Code):
harness-racing
Meet Title:
Auckland TC - 7 November 2008
Race Date:
2008/11/07
Race Number:
Race 5
Decision:
An information filed by Stipendiary Steward Mr J Muirhead against Mr D Butcher, driver of CHINA CHINKO, alleging a breach of Rule 862 (2) in that he allowed his horse to start from barrier position two on the front line and not its correct barrier position of 3.
An information filed by Stipendiary Steward Mr J Muirhead against Mr D Butcher, driver of CHINA CHINKO, alleging a breach of Rule 862 (2) in that he allowed his horse to start from barrier position two on the front line and not its correct barrier position of 3.
--Mr Butcher admitted the breach and was present at the hearing.
--Mr Muirhead demonstrated the incident by use of the video film. Mr Butcher drew his horse up into barrier position two and the starter released the field virtually immediately. CHINA CHINKO stepped well and clearly gained no advantage from the breach. Mr Muirhead said it was an error of judgement and the starter did not pick up the mistake made by Mr Butcher.
--Mr Butcher said it was just a simple error.
----
PENALTY
--Mr Muirhead said that Mr Butcher had a breach of the same rule recorded against him on 18th September 2008 when he was fined the sum of $600.00. He also said that he had been informed the circumstances of that breach were completely different. He recommended a fine of $400.00.
--Mr Butcher said he would be happy with a fine of $200.00.
--In fixing penalty I take into account the following matters :
--1. The guilty plea.
--2. The submissions of Mr Muirhead.
--3. The submissions of Mr Butcher.
--4. The offending was at the lower end of the scale – it was in fact a simple error – no advantage
--was gained.
--5. The previous breach of the Rule had completely different circumstances.
--6. The recommended starting point is a fine of $400.00.
--In balancing all of those matters, I impose a fine of $400.00.
----
B Rowe
--Chairman
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: 5df4c6e94138c8c5e3f31e8377fdad0c
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 07/11/2008
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Auckland TC - 7 November 2008 - Race 5
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
An information filed by Stipendiary Steward Mr J Muirhead against Mr D Butcher, driver of CHINA CHINKO, alleging a breach of Rule 862 (2) in that he allowed his horse to start from barrier position two on the front line and not its correct barrier position of 3.
An information filed by Stipendiary Steward Mr J Muirhead against Mr D Butcher, driver of CHINA CHINKO, alleging a breach of Rule 862 (2) in that he allowed his horse to start from barrier position two on the front line and not its correct barrier position of 3.
--Mr Butcher admitted the breach and was present at the hearing.
--Mr Muirhead demonstrated the incident by use of the video film. Mr Butcher drew his horse up into barrier position two and the starter released the field virtually immediately. CHINA CHINKO stepped well and clearly gained no advantage from the breach. Mr Muirhead said it was an error of judgement and the starter did not pick up the mistake made by Mr Butcher.
--Mr Butcher said it was just a simple error.
----
PENALTY
--Mr Muirhead said that Mr Butcher had a breach of the same rule recorded against him on 18th September 2008 when he was fined the sum of $600.00. He also said that he had been informed the circumstances of that breach were completely different. He recommended a fine of $400.00.
--Mr Butcher said he would be happy with a fine of $200.00.
--In fixing penalty I take into account the following matters :
--1. The guilty plea.
--2. The submissions of Mr Muirhead.
--3. The submissions of Mr Butcher.
--4. The offending was at the lower end of the scale – it was in fact a simple error – no advantage
--was gained.
--5. The previous breach of the Rule had completely different circumstances.
--6. The recommended starting point is a fine of $400.00.
--In balancing all of those matters, I impose a fine of $400.00.
----
B Rowe
--Chairman
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 862.2
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: c27e193c8546d7271dacb3872e03f06e
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: f16a5e4f78febb83d0badd28c7c9178b
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 07/11/2008
meet_title: Auckland TC - 7 November 2008
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Auckland TC