Avondale JC 25 April 2019 – R 4 – Chair, Mr N McCutcheon
ID: JCA14553
Code:
Thoroughbred
Meet Title:
Avondale JC - 25 April 2019
Meet Chair:
NMcCutcheon
Meet Committee Member 1:
ADooley
Race Date:
2019/04/25
Race Number:
R 4
Decision:
As the breach was admitted it was deemed to be proved by the Committee.
Penalty:
Mr Sargent was fined $1000.
Facts:
Following the running of Race 4 (Giles Carpet 2100) Information No. A11096 was filed with the Judicial Committee. It was alleged by the Informant that the Starter Mr Sargent effected the start when the horse WILIJONMcBRIDE had not been loaded and failed to comply with the provisions of the Starters Manual (6.18).
Rule 802(1)(a) provides:
A person commits a breach of these Rules who:
Acts in contravention of or fails to comply with any provision of these Rules or any regulations made thereunder or guideline, restriction, requirement or condition given, made or imposed under these Rules.
Starters Manual 6.18 provides:
The Assistant Starter shall signal to the Starter that the final runner has been loaded, all gates are closed and the start may be effected.
The Rule and the provision of 6.18 of the Starters Manual was read, following which Mr Sargent said that he understood both and confirmed that he admitted the breach.
Mr Williamson said that the barriers were released and shortly after the siren was sounded as WILIJONMcBRIDE who was to start from the outside barrier had not been loaded. He said all horses were pulled up. He said PURSUED and COWBOYS DONT CRY were scratched at the request of their Trainers and that IFFRAAJINATOR and TOP ACTRESS were scratched on Veterinary advice. He said that the field was then reloaded with the start being made.
Mr Oatham showed the film and said that the All Clear signal had not been made by the Assistant Mr Harrison.
Mr Sargent for his part said that he took his mind off it and thought that it was the Clerk of Course’s horse as it was grey and had red colours and that he was partly confused. He said that he took full responsibility for what had happened. Mr Sargent confirmed that he thought all horses had been loaded.
Mr Harrison confirmed that there was not a call from him and explained that he and Mr Sargent do not follow the Starting Manual. He said that they as the Starter say “Last one coming in” and once in the Race is started. He said that they have been doing it that way for 15 years. He said that it was a costly mistake.
Submissions for Penalty:
Mr Williamson said that it was a difficult situation as it was new territory as it (incident) had not happened before today in his time in racing. He said that it had cost the industry, the Club and the connections of the four horses that were scratched. He said that the penalty needed to reflect the seriousness of the charge and recommended a fine of $750-$1000 would be a fitting penalty.
Mr Sargent had nothing to say regarding penalty.
Reasons for Penalty:
The aggravating features were that four horses were late-scratched from the event with a significant financial loss to the connections and the Club. It concerned the Committee that Mr Sargent and Mr Harrison do not follow 6.18 of the Starters Manual as compliance would have avoided this unfortunate occurrence.
The Committee after considering all matters relating to penalty including the admittance of the breach determined that a relatively significant fine be imposed.
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: 918f0c341394e139ae1e85462003c7b6
informantnumber: A11096
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Failing to ensure all runners loaded prior to effecting the start
plea: admitted
penaltyrequired: 1
decisiondate: 29/04/2019
hearing_title: Avondale JC 25 April 2019 - R 4 - Chair, Mr N McCutcheon
charge:
facts:
Following the running of Race 4 (Giles Carpet 2100) Information No. A11096 was filed with the Judicial Committee. It was alleged by the Informant that the Starter Mr Sargent effected the start when the horse WILIJONMcBRIDE had not been loaded and failed to comply with the provisions of the Starters Manual (6.18).
Rule 802(1)(a) provides:
A person commits a breach of these Rules who:
Acts in contravention of or fails to comply with any provision of these Rules or any regulations made thereunder or guideline, restriction, requirement or condition given, made or imposed under these Rules.
Starters Manual 6.18 provides:
The Assistant Starter shall signal to the Starter that the final runner has been loaded, all gates are closed and the start may be effected.
The Rule and the provision of 6.18 of the Starters Manual was read, following which Mr Sargent said that he understood both and confirmed that he admitted the breach.
Mr Williamson said that the barriers were released and shortly after the siren was sounded as WILIJONMcBRIDE who was to start from the outside barrier had not been loaded. He said all horses were pulled up. He said PURSUED and COWBOYS DONT CRY were scratched at the request of their Trainers and that IFFRAAJINATOR and TOP ACTRESS were scratched on Veterinary advice. He said that the field was then reloaded with the start being made.
Mr Oatham showed the film and said that the All Clear signal had not been made by the Assistant Mr Harrison.
Mr Sargent for his part said that he took his mind off it and thought that it was the Clerk of Course’s horse as it was grey and had red colours and that he was partly confused. He said that he took full responsibility for what had happened. Mr Sargent confirmed that he thought all horses had been loaded.
Mr Harrison confirmed that there was not a call from him and explained that he and Mr Sargent do not follow the Starting Manual. He said that they as the Starter say “Last one coming in” and once in the Race is started. He said that they have been doing it that way for 15 years. He said that it was a costly mistake.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the breach was admitted it was deemed to be proved by the Committee.
sumissionsforpenalty:
Mr Williamson said that it was a difficult situation as it was new territory as it (incident) had not happened before today in his time in racing. He said that it had cost the industry, the Club and the connections of the four horses that were scratched. He said that the penalty needed to reflect the seriousness of the charge and recommended a fine of $750-$1000 would be a fitting penalty.
Mr Sargent had nothing to say regarding penalty.
reasonsforpenalty:
The aggravating features were that four horses were late-scratched from the event with a significant financial loss to the connections and the Club. It concerned the Committee that Mr Sargent and Mr Harrison do not follow 6.18 of the Starters Manual as compliance would have avoided this unfortunate occurrence.
The Committee after considering all matters relating to penalty including the admittance of the breach determined that a relatively significant fine be imposed.
penalty:
Mr Sargent was fined $1000.
hearing_type: Hearing
Rules: 802(1)(a) NZTR Starters Manual 6.18
Informant: Mr M Willamson-Stipendiary Steward
JockeysandTrainer:
Otherperson: Mr B Sargent - Starter, Mr J Oatham - Chief Stipendiary Steward, Mr T Harrison - Assistant Starter
PersonPresent:
Respondent:
StipendSteward:
raceid: 5cede2a13ba5099796b8cd3b24b32db3
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 608f2baa16f58dc154a9eae922dac900
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 25/04/2019
meet_title: Avondale JC - 25 April 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: avondale-jc
meet_racingtype: thoroughbred-racing
meet_chair: NMcCutcheon
meet_pm1: ADooley
meet_pm2: none
name: Avondale JC