Auckland TC 9 May 2014 – R 8
ID: JCA16478
Meet Title:
Auckland TC - 9 May 2014
Meet Chair:
GJones
Meet Committee Member 1:
BScott
Race Date:
2014/05/09
Race Number:
R8
Decision:
As Mr Jones admitted the breach we find the charge proved.
Penalty:
Taking all the above matters into account we impose a fine of $400.
Facts:
Following the running of Race 8, the 2014 CANAM ROWE CUP FFA TROT an Information was filed by Stipendiary Steward Mr J Muirhead against Open Horseman Mr M Jones, the driver of horse number 15 MASTER LAVROS, alleging a breach of Rule 869 (4) and the Home Straight Regulations.
The Information alleged “Horseman M Jones failed to maintain MASTER LAVROS in as straight a course as possible to the finish”.
Rule 869(4) provides that:
(4) No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and or any other horse or its progress.
The Home Straight Regulations (R7) provides that:
7. Except where a horseman is making a move pursuant to Rule 869(7) and subject to the preceding provisions of this regulation where applicable, every horse shall upon entering the home straight prior to the finish maintain as straight a course as possible to the finish line.
Mr Jones endorsed on the Information “I do admit the breach of the rule”.
This breach was the subject of an earlier protest hearing instigated by Mr D Dunn the driver of the second placed horse, SHEEMON against the winner, MASTER LAVROS driven by Mr Jones. Video footage of this incident was viewed several times during the protest hearing. On that basis there was a general agreement that it was unnecessary to replay the video at this hearing as the evidence of the breach was accepted.
Mr Muirhead told the Judicial Committee (the “Committee”) that MASTER LAVROS whilst in front rounding the home turn and into the straight was racing greenly and drifted outwards. He said that in doing so MASTER LAVROS shifted SHEEMON slightly wider on the track in the run to the finish line.
Mr Jones told the Committee that MASTER LAVROS did run out and he tried to straighten it. He emphasised that his horse never made contact with SHEEMON, but he agreed with Mr Muirhead’s summary of the incident.
Submissions for Penalty:
Mr Muirhead said that Mr Jones has a good driving record and he should be given credit for his admission. He said the Committee ought to note the status of the race and stake money payable. He submitted that Stewards sought a fine between $200 and $400.
Mr Jones said that he did not disagree with the Stewards' submission and will leave it to the Committee to determine penalty.
Reasons for Penalty:
The Committee reviewed the submissions of both the Informant and Respondent. We have taken into account the JCA Penalty Guidelines and penalties for similar breaches. Guidelines for a breach of this rule in a major race provide a starting point at 15 drives or $750 fine. We note that recent breaches have resulted in fines ranging between $200 and $300.
The Committee has assessed this breach at mid range and has given Mr Jones credit for his admission of the breach and his good driving record. We have taken into account the provisions of R 1114 (2), specifically noting that this breach occurred in a Group race and $150,000 in stakes were payable in respect of the race.
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: b9f2e798fd8732a600d586c65e658956
informantnumber: A2543
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Failure to maintain straight course in breach of Home Straight Regulations
plea: admitted
penaltyrequired: 1
decisiondate: 06/05/2014
hearing_title: Auckland TC 9 May 2014 - R 8
charge:
facts:
Following the running of Race 8, the 2014 CANAM ROWE CUP FFA TROT an Information was filed by Stipendiary Steward Mr J Muirhead against Open Horseman Mr M Jones, the driver of horse number 15 MASTER LAVROS, alleging a breach of Rule 869 (4) and the Home Straight Regulations.
The Information alleged “Horseman M Jones failed to maintain MASTER LAVROS in as straight a course as possible to the finish”.
Rule 869(4) provides that:
(4) No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and or any other horse or its progress.
The Home Straight Regulations (R7) provides that:
7. Except where a horseman is making a move pursuant to Rule 869(7) and subject to the preceding provisions of this regulation where applicable, every horse shall upon entering the home straight prior to the finish maintain as straight a course as possible to the finish line.
Mr Jones endorsed on the Information “I do admit the breach of the rule”.
This breach was the subject of an earlier protest hearing instigated by Mr D Dunn the driver of the second placed horse, SHEEMON against the winner, MASTER LAVROS driven by Mr Jones. Video footage of this incident was viewed several times during the protest hearing. On that basis there was a general agreement that it was unnecessary to replay the video at this hearing as the evidence of the breach was accepted.
Mr Muirhead told the Judicial Committee (the “Committee”) that MASTER LAVROS whilst in front rounding the home turn and into the straight was racing greenly and drifted outwards. He said that in doing so MASTER LAVROS shifted SHEEMON slightly wider on the track in the run to the finish line.
Mr Jones told the Committee that MASTER LAVROS did run out and he tried to straighten it. He emphasised that his horse never made contact with SHEEMON, but he agreed with Mr Muirhead’s summary of the incident.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Jones admitted the breach we find the charge proved.
sumissionsforpenalty:
Mr Muirhead said that Mr Jones has a good driving record and he should be given credit for his admission. He said the Committee ought to note the status of the race and stake money payable. He submitted that Stewards sought a fine between $200 and $400.
Mr Jones said that he did not disagree with the Stewards' submission and will leave it to the Committee to determine penalty.
reasonsforpenalty:
The Committee reviewed the submissions of both the Informant and Respondent. We have taken into account the JCA Penalty Guidelines and penalties for similar breaches. Guidelines for a breach of this rule in a major race provide a starting point at 15 drives or $750 fine. We note that recent breaches have resulted in fines ranging between $200 and $300.
The Committee has assessed this breach at mid range and has given Mr Jones credit for his admission of the breach and his good driving record. We have taken into account the provisions of R 1114 (2), specifically noting that this breach occurred in a Group race and $150,000 in stakes were payable in respect of the race.
penalty:
Taking all the above matters into account we impose a fine of $400.
hearing_type: Hearing
Rules: 869(4) and Home Straight Regulations
Informant: Mr J Muirhead - Stipendiary Steward
JockeysandTrainer: Mr M Jones - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 6c7eeb7c043886d8e562da693ade6503
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 3a6aa1706b5102aef1f701bbea716ce5
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 09/05/2014
meet_title: Auckland TC - 9 May 2014
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