Bay of Plenty HRC 29 January 2012 – R 11
ID: JCA15335
Meet Title:
Bay of Plenty HRC - 29 January 2012
Meet Chair:
GJones
Meet Committee Member 1:
BScott
Race Date:
2012/01/29
Race Number:
R 11
Decision:
The breach is admitted and is therefore proved.
Penalty:
In consideration of the above factors we impose a fine of $150.
Charge:
The Information alleged that Mr Clabby failed to maintain his position behind the mobile while driving Shannara.
Rule 857 (7)(g) relates to the starting of races and provides that:
No Horseman shall fail to come up into and/or maintain his position.
Facts:
Mr Taumanu demonstrated the incident by way of available video footage. Mr Taumanu told the Judicial Committee (the “Committee”) that Mr Clabby was the driver of Shannara which drew number two on the second line. He said that as horses scored up behind the Mobile Barrier Mr Clabby allowed his drive to drop back by two or three lengths and made no attempt to maintain his correct position behind the mobile.
Mr Clabby made no comment in respect of the evidence.
Submissions for Penalty:
Mr Taumanu submitted that the starting point for a breach of this particular Rule was a $250 fine, but it was the committee's prerogative to adjust the quantum of the fine up or down according to the circumstances. Mr Taumanu submitted that the horse (Shannara) was not hanging and there were no apparent reasons as to why the breach occurred.
Mr Clabby submitted that he freely admitted the breach and asked the committee to take into account the fact that he was an inexperienced driver and that the horse's manners were a contributing factor. In support of this he said that prior to the start of the race Shannara was “tardy”. Mr Clabby also submitted that this was his first breach of any rule.
Reasons for Penalty:
In assessing penalty the Committee carefully considered the submissions of the Informant and Mr Clabby. We also consulted the Penalty Guide for Judicial Committees as well as recent penalties for breaches of this particular rule. Although the starting point was set at $250, we noted that recent penalties have ranged between $150 and $250.
The Committee also noted that as an Amateur, Mr Clabby receives no financial reward for driving in races.
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: 864c4fa66af30088959e89bd951bb23a
informantnumber: 5494
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 19/01/2012
hearing_title: Bay of Plenty HRC 29 January 2012 - R 11
charge:
The Information alleged that Mr Clabby failed to maintain his position behind the mobile while driving Shannara.
Rule 857 (7)(g) relates to the starting of races and provides that:
No Horseman shall fail to come up into and/or maintain his position.
facts:
Mr Taumanu demonstrated the incident by way of available video footage. Mr Taumanu told the Judicial Committee (the “Committee”) that Mr Clabby was the driver of Shannara which drew number two on the second line. He said that as horses scored up behind the Mobile Barrier Mr Clabby allowed his drive to drop back by two or three lengths and made no attempt to maintain his correct position behind the mobile.
Mr Clabby made no comment in respect of the evidence.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The breach is admitted and is therefore proved.
sumissionsforpenalty:
Mr Taumanu submitted that the starting point for a breach of this particular Rule was a $250 fine, but it was the committee's prerogative to adjust the quantum of the fine up or down according to the circumstances. Mr Taumanu submitted that the horse (Shannara) was not hanging and there were no apparent reasons as to why the breach occurred.
Mr Clabby submitted that he freely admitted the breach and asked the committee to take into account the fact that he was an inexperienced driver and that the horse's manners were a contributing factor. In support of this he said that prior to the start of the race Shannara was “tardy”. Mr Clabby also submitted that this was his first breach of any rule.
reasonsforpenalty:
In assessing penalty the Committee carefully considered the submissions of the Informant and Mr Clabby. We also consulted the Penalty Guide for Judicial Committees as well as recent penalties for breaches of this particular rule. Although the starting point was set at $250, we noted that recent penalties have ranged between $150 and $250.
The Committee also noted that as an Amateur, Mr Clabby receives no financial reward for driving in races.
penalty:
In consideration of the above factors we impose a fine of $150.
hearing_type: Hearing
Rules: 857(7)(g)
Informant: Mr T Taumanu - Stipendiary Steward
JockeysandTrainer: Mr P Clabby - Amateur Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: e74a76e67ae76855363448e586777e74
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 11
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: ec2c69c5bdb40b16c5d760d0b94180e7
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 29/01/2012
meet_title: Bay of Plenty HRC - 29 January 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: bay-of-plenty-hrc
meet_racingtype: harness-racing
meet_chair: GJones
meet_pm1: BScott
meet_pm2: none
name: Bay of Plenty HRC