Banks Peninsula 22 January 2012 – R 4
ID: JCA13125
Meet Title:
Banks Peninsula TC - 22 January 2012
Meet Chair:
JPhelan
Meet Committee Member 1:
KHales
Race Date:
2012/01/22
Race Number:
R 4
Decision:
As Mr Svoboda had admitted the breach it was found to be proved in accordance with Rule 1111(1(d).
Penalty:
Mr Svoboda was fined the sum of $150-00. The Committee classified this penalty as “mild” for the purpose of deduction of competition points.
Charge:
Alleged start from incorrect barrier position.
Facts:
Following the running of Race 4, the Lone Star Riccarton World Cup of Amateur Drivers Mobile Trot, an Information was filed by Stipendiary Steward Mr S. P. Renault against Amateur Driver Mr J. Svoboda alleging a breach of Rule 862(2) in that he allowed his horse to start from the wrong barrier position.
The charge reads as follows.
“I the above named informant allege that the above named Respondent committed a breach of Rule 862(2) (in that) Mr Svoboda allowed his horse ”Boulter’s Loch” to start from the incorrect position.”
Rule 862(2) reads as follows.
“(2) No horseman shall permit a horse to start and no horse shall start other than from its correct barrier position (either at a standing or mobile start), unless directed by the Starter in accordance with Rule 860(8).”
Mr Svoboda was assisted by an interpreter during this hearing. He had indicated on the Information that this breach of the Rules was admitted, and this was confirmed at the hearing. It was also established that Mr Svoboda understood the charge and the Rule it was brought under.
Submissions for Decision:
Mr Renault gave evidence and used video coverage to show that Mr Svoboda had drawn barrier position three on the second line in this mobile start race. However Mr Svoboda took up position two before the start and this resulted in “Smitten”, which had drawn that position, being unable to take its rightful place.
Mr Renault also advised that the connections of “Smitten” had been spoken to and they did not believe that the chances of this horse had been affected by this incident.
On behalf of Mr Svoboda it was explained that the Rules in his country were different in that a breaking horse had to be retired from the race, and that vacant starting positions could be occupied by another runner.
Submissions for Penalty:
In relation to penalty Mr Renault advised that Mr Svoboda had no relevant previous convictions, and had admitted the breach. This is a relatively serious breach, but there were no serious repercussions arising from it, and it was assessed as being at the lower end of the scale of seriousness. Mr Renault made submissions that a fine of between $100-00 and $200-00 would be appropriate in this case.
Mr Svoboda had no submissions to make with regard to penalty.
We adjourned to consider penalty.
Reasons for Penalty:
We took into account Mr Svoboda’s admission of this breach and that it was regarded by the Stipendiary Stewards as being at the lower end of the scale of seriousness. Taking into account all these matters we decided that a fine of $150-00 should be imposed in this case.
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: 463e92dc225689f93738f4da62e33bfc
informantnumber: A5254
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 19/01/2012
hearing_title: Banks Peninsula 22 January 2012 - R 4
charge:
Alleged start from incorrect barrier position.
facts:
Following the running of Race 4, the Lone Star Riccarton World Cup of Amateur Drivers Mobile Trot, an Information was filed by Stipendiary Steward Mr S. P. Renault against Amateur Driver Mr J. Svoboda alleging a breach of Rule 862(2) in that he allowed his horse to start from the wrong barrier position.
The charge reads as follows.
“I the above named informant allege that the above named Respondent committed a breach of Rule 862(2) (in that) Mr Svoboda allowed his horse ”Boulter’s Loch” to start from the incorrect position.”
Rule 862(2) reads as follows.
“(2) No horseman shall permit a horse to start and no horse shall start other than from its correct barrier position (either at a standing or mobile start), unless directed by the Starter in accordance with Rule 860(8).”
Mr Svoboda was assisted by an interpreter during this hearing. He had indicated on the Information that this breach of the Rules was admitted, and this was confirmed at the hearing. It was also established that Mr Svoboda understood the charge and the Rule it was brought under.
appealdecision:
isappeal:
submissionsfordecision:
Mr Renault gave evidence and used video coverage to show that Mr Svoboda had drawn barrier position three on the second line in this mobile start race. However Mr Svoboda took up position two before the start and this resulted in “Smitten”, which had drawn that position, being unable to take its rightful place.
Mr Renault also advised that the connections of “Smitten” had been spoken to and they did not believe that the chances of this horse had been affected by this incident.
On behalf of Mr Svoboda it was explained that the Rules in his country were different in that a breaking horse had to be retired from the race, and that vacant starting positions could be occupied by another runner.
reasonsfordecision:
Decision:
As Mr Svoboda had admitted the breach it was found to be proved in accordance with Rule 1111(1(d).
sumissionsforpenalty:
In relation to penalty Mr Renault advised that Mr Svoboda had no relevant previous convictions, and had admitted the breach. This is a relatively serious breach, but there were no serious repercussions arising from it, and it was assessed as being at the lower end of the scale of seriousness. Mr Renault made submissions that a fine of between $100-00 and $200-00 would be appropriate in this case.
Mr Svoboda had no submissions to make with regard to penalty.
We adjourned to consider penalty.
reasonsforpenalty:
We took into account Mr Svoboda’s admission of this breach and that it was regarded by the Stipendiary Stewards as being at the lower end of the scale of seriousness. Taking into account all these matters we decided that a fine of $150-00 should be imposed in this case.
penalty:
Mr Svoboda was fined the sum of $150-00. The Committee classified this penalty as “mild” for the purpose of deduction of competition points.
hearing_type: Hearing
Rules: 862(2)
Informant: Mr SP Renault - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 922d0649255d407a8b645e705b924e32
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: 78cc5f5d6301a00a9bcc67278afe9b91
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 22/01/2012
meet_title: Banks Peninsula TC - 22 January 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: banks-peninsula-tc
meet_racingtype: harness-racing
meet_chair: JPhelan
meet_pm1: KHales
meet_pm2: none
name: Banks Peninsula TC