Archive Decision

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Cambridge – Te Awamutu HRC – 18 September 2008 – Race 8

ID: JCA21670

Hearing Type:
Old Hearing

Rules:
862.2, 860.8

Hearing Type (Code):
harness-racing

Meet Title:
Cambridge - Te Awamutu HRC - 18 September 2008

Race Date:
2008/09/18

Race Number:
Race 8

Decision:

This information was filed at the Cambridge –Te Awamutu  Harness Racing Clubs meeting of the 18/09/08.   On the night this information was  adjourned to be heard at the Manukau Meeting on the 19/09/08 this information was further adjourned to be heard on the 26th September 2008 .

--

The informant was Mr T.W.Taumanu and the defendant  Mr D.J. Butcher .

--

The information alleged that Mr D.J.Butcher the horseman for AllTiger in race 8 permitted the said runner to start from the incorrect barrier position.



This information was filed at the Cambridge –Te Awamutu  Harness Racing Clubs meeting of the 18/09/08.   On the night this information was  adjourned to be heard at the Manukau Meeting on the 19/09/08 this information was further adjourned to be heard on the 26th September 2008 .

--

The informant was Mr T.W.Taumanu and the defendant  Mr D.J. Butcher .

--

The information alleged that Mr D.J.Butcher the horseman for AllTiger in race 8 permitted the said runner to start from the incorrect barrier position.

--

Mr Butcher was present at the hearing of this information and admitted the breach of this rule.

--

Rule 862 (2) reads

--

No horseman shall permit a horse to start and no horse shall start other than from its correct barrier position( either standing or mobile starts ), unless directed by the Starter in accordance with Rule 860 (8)’.

--

Mr Taumanu showed the DVD of the start of this race and this clearly showed All Tiger to be in the incorrect barrier position this runner being out towards the outside fence. Mr Taumanu stated that All Tiger had gained an advantage over the field by starting from this barrier position.

--

Mr Butcher stated that he had not called to the starter at any stage of the field coming into line and Mr Butcher was of the opinion that he had not gained any advantage by starting out wider on the track.

--

Mr Butcher raised several points in mitigation some of which were totally irrelevant to this incident.

--

Submissions on penalty were heard from both Mr.Taumanu and Mr.Butcher, The driving record of Mr.Butcher was produced for perusal.

--

Mr.Taumanu sought a fine of $600 -$700 in this instance.  Mr Taumanu stated that the guidelines for this offence indicated a fine of $400.00 and  in this instance MrTaumanu submitted that this breach was at the upper end of the scale.

--

Mr Butcher submitted that there should be no fine and sought a warning in this instance.

--

 

--

Decision and Reasons.

--

Having taken into consideration Mr Butcher's admission of the breach of this rule and his good driving record it is my finding that Mr Butcher did gain an advantage by starting from the wrong barrier position.  At no time did Mr Butcher alert the starter that his horse was playing up or was fractious as per the rules.

--

 

--

Taking all of the above into consideration a fine of $600.00 is imposed in this instance.

--

 

--

 Kevin G Coutts

--

Chairman

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: a39f8924616b63d13589dbcf9990cb01


informantnumber:


horsename:


hearing_racingtype: harness-racing


startdate: 18/09/2008


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Cambridge - Te Awamutu HRC - 18 September 2008 - Race 8


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

This information was filed at the Cambridge –Te Awamutu  Harness Racing Clubs meeting of the 18/09/08.   On the night this information was  adjourned to be heard at the Manukau Meeting on the 19/09/08 this information was further adjourned to be heard on the 26th September 2008 .

--

The informant was Mr T.W.Taumanu and the defendant  Mr D.J. Butcher .

--

The information alleged that Mr D.J.Butcher the horseman for AllTiger in race 8 permitted the said runner to start from the incorrect barrier position.



This information was filed at the Cambridge –Te Awamutu  Harness Racing Clubs meeting of the 18/09/08.   On the night this information was  adjourned to be heard at the Manukau Meeting on the 19/09/08 this information was further adjourned to be heard on the 26th September 2008 .

--

The informant was Mr T.W.Taumanu and the defendant  Mr D.J. Butcher .

--

The information alleged that Mr D.J.Butcher the horseman for AllTiger in race 8 permitted the said runner to start from the incorrect barrier position.

--

Mr Butcher was present at the hearing of this information and admitted the breach of this rule.

--

Rule 862 (2) reads

--

No horseman shall permit a horse to start and no horse shall start other than from its correct barrier position( either standing or mobile starts ), unless directed by the Starter in accordance with Rule 860 (8)’.

--

Mr Taumanu showed the DVD of the start of this race and this clearly showed All Tiger to be in the incorrect barrier position this runner being out towards the outside fence. Mr Taumanu stated that All Tiger had gained an advantage over the field by starting from this barrier position.

--

Mr Butcher stated that he had not called to the starter at any stage of the field coming into line and Mr Butcher was of the opinion that he had not gained any advantage by starting out wider on the track.

--

Mr Butcher raised several points in mitigation some of which were totally irrelevant to this incident.

--

Submissions on penalty were heard from both Mr.Taumanu and Mr.Butcher, The driving record of Mr.Butcher was produced for perusal.

--

Mr.Taumanu sought a fine of $600 -$700 in this instance.  Mr Taumanu stated that the guidelines for this offence indicated a fine of $400.00 and  in this instance MrTaumanu submitted that this breach was at the upper end of the scale.

--

Mr Butcher submitted that there should be no fine and sought a warning in this instance.

--

 

--

Decision and Reasons.

--

Having taken into consideration Mr Butcher's admission of the breach of this rule and his good driving record it is my finding that Mr Butcher did gain an advantage by starting from the wrong barrier position.  At no time did Mr Butcher alert the starter that his horse was playing up or was fractious as per the rules.

--

 

--

Taking all of the above into consideration a fine of $600.00 is imposed in this instance.

--

 

--

 Kevin G Coutts

--

Chairman


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Old Hearing


Rules: 862.2, 860.8


Informant:


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 78056603addbfa5370b479f17fe8dd05


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: Race 8


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: b2be902901d386e393541be2b1824458


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 18/09/2008


meet_title: Cambridge - Te Awamutu HRC - 18 September 2008


meet_expappcomment:


meet_km:


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tracklocation: cambridge-te-awamutu-hrc


meet_racingtype: harness-racing


meet_chair:


meet_pm1:


meet_pm2:


name: Cambridge - Te Awamutu HRC