Banks Peninsula TC 29 September 2013 – R 4
ID: JCA10536
Meet Title:
Banks Peninsula TC - 29 September 2013
Meet Chair:
RMcKenzie
Meet Committee Member 1:
KHales
Race Date:
2013/09/29
Race Number:
R4
Decision:
Mrs Lethaby having admitted the charge, the charge was found proved.
Penalty:
Mrs Lethaby was fined the sum of $250.
Charge:
Starting from incorrect barrier position.
Facts:
Following the running of Race 4, Nevele R Stud Mobile Pace, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Mrs A L Lethaby, alleging that Mrs Lethaby, as the driver of STREAMLINE BOY in the race, “permitted STREAMLINE BOY to start from an incorrect barrier position”.
Mrs Lethaby was present at the hearing of the information and she indicated that she admitted the charge.
Rule 862 provides as follows:
(2) No horseman shall permit a horse to start and no horse shall start other than from its correct barrier position or in advance of its correct barrier position (either at a standing or mobile or moving start), unless directed by the Starter in accordance with Rule 860 (8).
Submissions for Decision:
The evidence adduced at the hearing of the earlier Request for a Ruling hearing concerning JOHN DOE being denied a fair start was adopted by the parties.
Submissions for Penalty:
Mr Ydgren referred to the Penalty Guide which provided a starting point for a breach of the Rule of an 8-drives suspension or a fine of $400. Mr Ydgren was unable to refer the Committee to any recent breaches of the Rule which might assist the Committee. He said that Mrs Lethaby had a clear record and had frankly admitted her error. It was a fundamental obligation of a driver to be aware of his or her starting position in any race before going on to the track, Mr Ydgren submitted. He also pointed out that another horse had been declared a non-runner as a result of being denied the opportunity of starting from its correct barrier position.
Mrs Lethaby accepted that it was her obligation to be aware of her correct starting position, but she had been unaware of the scratching of the horse drawn 1 on the second row, she said. She had also been misled by Mr Thomas coming up inside her as the field came up behind the gate leading her to believe that he was starting from the position inside her. She maintained that there had been no call of scratchings at the start.
Reasons for Penalty:
In determining penalty, the Committee had regard to the starting point for a breach of the Rule as pointed out by Mr Ydgren. Mitigating factors were Mrs Lethaby’s frank admission of the breach and her previous good record. An aggravating factor was that another horse had been denied a fair start.
The Committee was unable to find any recent instances of a breach of the Rule to assist it with penalty.
Weighing all factors, the Committee determined that the appropriate penalty was a fine of $250.
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: 014621f701166506deab2e99837fb515
informantnumber: A1623
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 20/09/2013
hearing_title: Banks Peninsula TC 29 September 2013 - R 4
charge:
Starting from incorrect barrier position.
facts:
Following the running of Race 4, Nevele R Stud Mobile Pace, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Mrs A L Lethaby, alleging that Mrs Lethaby, as the driver of STREAMLINE BOY in the race, “permitted STREAMLINE BOY to start from an incorrect barrier position”.
Mrs Lethaby was present at the hearing of the information and she indicated that she admitted the charge.
Rule 862 provides as follows:
(2) No horseman shall permit a horse to start and no horse shall start other than from its correct barrier position or in advance of its correct barrier position (either at a standing or mobile or moving start), unless directed by the Starter in accordance with Rule 860 (8).
appealdecision:
isappeal:
submissionsfordecision:
The evidence adduced at the hearing of the earlier Request for a Ruling hearing concerning JOHN DOE being denied a fair start was adopted by the parties.
reasonsfordecision:
Decision:
Mrs Lethaby having admitted the charge, the charge was found proved.
sumissionsforpenalty:
Mr Ydgren referred to the Penalty Guide which provided a starting point for a breach of the Rule of an 8-drives suspension or a fine of $400. Mr Ydgren was unable to refer the Committee to any recent breaches of the Rule which might assist the Committee. He said that Mrs Lethaby had a clear record and had frankly admitted her error. It was a fundamental obligation of a driver to be aware of his or her starting position in any race before going on to the track, Mr Ydgren submitted. He also pointed out that another horse had been declared a non-runner as a result of being denied the opportunity of starting from its correct barrier position.
Mrs Lethaby accepted that it was her obligation to be aware of her correct starting position, but she had been unaware of the scratching of the horse drawn 1 on the second row, she said. She had also been misled by Mr Thomas coming up inside her as the field came up behind the gate leading her to believe that he was starting from the position inside her. She maintained that there had been no call of scratchings at the start.
reasonsforpenalty:
In determining penalty, the Committee had regard to the starting point for a breach of the Rule as pointed out by Mr Ydgren. Mitigating factors were Mrs Lethaby’s frank admission of the breach and her previous good record. An aggravating factor was that another horse had been denied a fair start.
The Committee was unable to find any recent instances of a breach of the Rule to assist it with penalty.
Weighing all factors, the Committee determined that the appropriate penalty was a fine of $250.
penalty:
Mrs Lethaby was fined the sum of $250.
hearing_type: Hearing
Rules: 862(2)
Informant: N M Ydgren, Stipendiary Steward
JockeysandTrainer: A L Lethaby, Licensed Open Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: f393e3d2b7f9d6dfaddb1af0c5d2a24f
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 4a14364d39db467fe34fa38d30541bed
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 29/09/2013
meet_title: Banks Peninsula TC - 29 September 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: banks-peninsula-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: KHales
meet_pm2: none
name: Banks Peninsula TC