Banks Peninsula TC – 19 February 2010 – Race 2
ID: JCA21990
Hearing Type (Code):
harness-racing
Meet Title:
Banks Peninsula TC - 19 February 2010
Race Date:
2010/02/19
Race Number:
Race 2
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
--Information No: 68167
--Meeting: Banks Peninsula Trotting Club
--Date: 19 February 2010
--Venue: Motukarara Raceway
--Race No. 2: NZ Bloodstock Airfreight Trot
--Rules: 864(2)(e)
--Judicial Chairman J. M. Phelan, Committee: P. J. Rosanowski
--Plea: Admitted.
--Appearing: Informant: Stipendiary Steward Mr S. P. Renault
Mr S. J. Clarke – Open Horseman
DECISION AND REASONS:
--Stipendiary Steward Mr S. P. Renault filed an Information against Open Horseman Mr S. J. Clarke alleging a breach of Rule 864(2)(e). It was alleged that Mr Clarke, the driver of “Sun Of Mystery” (1), which started in Race 2, the NZ Bloodstock Airfreight Trot, failed to activate the removable earplugs, doing so after the (finishing) line.
--
RACEDAY JUDICIAL COMMITTEE DECISION
--Information No: 68167
--Meeting: Banks Peninsula Trotting Club
--Date: 19 February 2010
--Venue: Motukarara Raceway
--Race No. 2: NZ Bloodstock Airfreight Trot
--Rules: 864(2)(e)
--Judicial Chairman J. M. Phelan, Committee: P. J. Rosanowski
--Plea: Admitted.
--Appearing: Informant: Stipendiary Steward Mr S. P. Renault
Mr S. J. Clarke – Open Horseman
DECISION AND REASONS:
--Stipendiary Steward Mr S. P. Renault filed an Information against Open Horseman Mr S. J. Clarke alleging a breach of Rule 864(2)(e). It was alleged that Mr Clarke, the driver of “Sun Of Mystery” (1), which started in Race 2, the NZ Bloodstock Airfreight Trot, failed to activate the removable earplugs, doing so after the (finishing) line.
--Mr Clarke had indicated on the Information that this breach of the Rules was admitted. He also agreed that he understood the charge and the Rule it was brought under.
--Mr Renault used video coverage to show that “Sun Of Mystery” was running second in the straight and that Mr Clarke did activate the pull down blinds. There was every opportunity for Mr Clarke to activate the earplugs as well, but he failed to do so until after the end of the race.
--Mr Clarke did not dispute these facts. He said that he was well aware of his responsibility to activate the earplugs, but that he made a “business decision” not to do so, because he did not believe that it would have helped the chances of his horse. He also said that he had informed the Stipendiary Stewards about the non-activation on returning to the birdcage.
--Penalty:
--In relation to penalty, Mr Renault advised the Mr Clarke had no previous convictions under this Rule, and recommended a fine of $200-00.
--Mr Clarke said that he would prefer a suspension to a fine. However we advised Mr Clarke that it would be inappropriate, we believed, to suspend a driver for a non-driving offence.
--In relation to the amount of the fine recommended, Mr Clarke asked us to take into account that he made his decision not to activate because he believed that his chances in the race would be better if he didn’t. Mr Clarke also said that he thought that a fine of $200-00 was excessive.
--We adjourned to consider the question of an appropriate penalty. We looked at the Sentencing Guide which recommends a fine of $100-00 as a starting point for a breach of Rule 864(2)(e). We also looked at fines imposed for previous breaches of this Rule, and found that the usual penalty was a fine of $100-00.
--We also took into account that on 26 January 2010 Mr G. A Payne was fined $100-00 for a similar breach.
--We were satisfied that a fine of $200-00 was not an appropriate fine in this case. We were satisfied that a fine of $100-00 was appropriate, and accordingly, on resuming the hearing, we advised Mr Clarke that he would be fined the sum of $100-00.
--
J. M. Phelan P. J. Rosanowski
CHAIR Committee Member
68167
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: ad4ab2347db416bb9dc6639a26a5273b
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 19/02/2010
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Banks Peninsula TC - 19 February 2010 - Race 2
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
--Information No: 68167
--Meeting: Banks Peninsula Trotting Club
--Date: 19 February 2010
--Venue: Motukarara Raceway
--Race No. 2: NZ Bloodstock Airfreight Trot
--Rules: 864(2)(e)
--Judicial Chairman J. M. Phelan, Committee: P. J. Rosanowski
--Plea: Admitted.
--Appearing: Informant: Stipendiary Steward Mr S. P. Renault
Mr S. J. Clarke – Open Horseman
DECISION AND REASONS:
--Stipendiary Steward Mr S. P. Renault filed an Information against Open Horseman Mr S. J. Clarke alleging a breach of Rule 864(2)(e). It was alleged that Mr Clarke, the driver of “Sun Of Mystery” (1), which started in Race 2, the NZ Bloodstock Airfreight Trot, failed to activate the removable earplugs, doing so after the (finishing) line.
--
RACEDAY JUDICIAL COMMITTEE DECISION
--Information No: 68167
--Meeting: Banks Peninsula Trotting Club
--Date: 19 February 2010
--Venue: Motukarara Raceway
--Race No. 2: NZ Bloodstock Airfreight Trot
--Rules: 864(2)(e)
--Judicial Chairman J. M. Phelan, Committee: P. J. Rosanowski
--Plea: Admitted.
--Appearing: Informant: Stipendiary Steward Mr S. P. Renault
Mr S. J. Clarke – Open Horseman
DECISION AND REASONS:
--Stipendiary Steward Mr S. P. Renault filed an Information against Open Horseman Mr S. J. Clarke alleging a breach of Rule 864(2)(e). It was alleged that Mr Clarke, the driver of “Sun Of Mystery” (1), which started in Race 2, the NZ Bloodstock Airfreight Trot, failed to activate the removable earplugs, doing so after the (finishing) line.
--Mr Clarke had indicated on the Information that this breach of the Rules was admitted. He also agreed that he understood the charge and the Rule it was brought under.
--Mr Renault used video coverage to show that “Sun Of Mystery” was running second in the straight and that Mr Clarke did activate the pull down blinds. There was every opportunity for Mr Clarke to activate the earplugs as well, but he failed to do so until after the end of the race.
--Mr Clarke did not dispute these facts. He said that he was well aware of his responsibility to activate the earplugs, but that he made a “business decision” not to do so, because he did not believe that it would have helped the chances of his horse. He also said that he had informed the Stipendiary Stewards about the non-activation on returning to the birdcage.
--Penalty:
--In relation to penalty, Mr Renault advised the Mr Clarke had no previous convictions under this Rule, and recommended a fine of $200-00.
--Mr Clarke said that he would prefer a suspension to a fine. However we advised Mr Clarke that it would be inappropriate, we believed, to suspend a driver for a non-driving offence.
--In relation to the amount of the fine recommended, Mr Clarke asked us to take into account that he made his decision not to activate because he believed that his chances in the race would be better if he didn’t. Mr Clarke also said that he thought that a fine of $200-00 was excessive.
--We adjourned to consider the question of an appropriate penalty. We looked at the Sentencing Guide which recommends a fine of $100-00 as a starting point for a breach of Rule 864(2)(e). We also looked at fines imposed for previous breaches of this Rule, and found that the usual penalty was a fine of $100-00.
--We also took into account that on 26 January 2010 Mr G. A Payne was fined $100-00 for a similar breach.
--We were satisfied that a fine of $200-00 was not an appropriate fine in this case. We were satisfied that a fine of $100-00 was appropriate, and accordingly, on resuming the hearing, we advised Mr Clarke that he would be fined the sum of $100-00.
--
J. M. Phelan P. J. Rosanowski
CHAIR Committee Member
68167
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 864.2.e
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 0f718ef395f1abe1e490fce2008d05d9
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: ac8ac5334393363a8064fb121003bfa9
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 19/02/2010
meet_title: Banks Peninsula TC - 19 February 2010
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: banks-peninsula-tc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Banks Peninsula TC