Cambridge-Te Awamutu HRC 3 November 2011 – R 7
ID: JCA12523
Meet Title:
Cambridge - Te Awamutu HRC - 3 November 2011
Meet Chair:
JHolloway
Meet Committee Member 1:
AGodsalve
Race Date:
2011/11/03
Race Number:
R7
Decision:
The Committee finds that the charge having been admitted is proved.
Penalty:
The Committee accordingly impose a fine of $175 on Mr Kerr.
Charge:
An information was lodged by Stipendiary Steward Mr T Taumanu following the running of Race 7 at the above meeting alleging that Mr M Kerr, a junior driver driving the horse NAVY SEAL had failed to come up into his barrier position.
Rule 857 (7) (g) states:
‘No horseman shall fail to come up into and/or maintain his position’.
Facts:
The incident was demonstrated by use of the video film. Mr Taumanu pointed out the position of Navy Seal prior to the start. Navy Seal started from the outside of the front row and was approximately one length behind the barrier when the race started.
Mr Taumanu then pointed out that Mr Kerr dropped back and moved across behind the horse next to him on the front row which created an unfair advantage for his horse. Mr Taumanu said the horse was travelling well and not hanging or pacing roughly at the time. He also said that it was Mr Kerr’s’ job to put his horse onto the gate at the start.
Mr Kerr said that it was the first time Navy Seal had drawn the outside at the barrier. He said that he regularly drove the horse in track work, and that it was a big horse which sometimes galloped at the start. He was being cautious because of its’ relative inexperience.
He acknowledged that he had erred in not keeping up to the barrier, saying that he wanted to give the horse and the public every opportunity. Mr Kerr felt that the incident probably looked worse on the film than it probably was and that the horse on his inside had gone forward quickly at the start.
Submissions for Penalty:
Mr Taumanu submitted that the offence was considered to be in the lower to mid range of seriousness. He submitted that the JCA penalty guide showed a fine starting point of $250.
He said Mr Kerr did not have any charges of a similar nature on his record.
Mr Kerr for his part said he realised he had made a mistake and asked the Committee to take into account his admission and the mitigating circumstances referred to earlier.
Mr Macfarlane, for Mr Kerr, asked the Committee to take into consideration his guilty plea, the fact that he was a junior driver and that he had not interfered with any other horse. He asked for a penalty towards the lower end of the scale.
Reasons for Penalty:
In deciding the penalty the Committee takes into account the following:
1. Mr Kerr’s admission
2. That he is a junior driver
3. It is his first breach of the Rule
4. That his motivation-rightly or wrongly-to give the horse the best opportunity in the race given he believed it was relatively inexperienced and known to be fractious at times.
5. That the breach was assessed as being in the mid to lower range.
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: 68204bc7bfbf03001b3600a442ba3a51
informantnumber: 69015
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 26/10/2011
hearing_title: Cambridge-Te Awamutu HRC 3 November 2011 - R 7
charge:
An information was lodged by Stipendiary Steward Mr T Taumanu following the running of Race 7 at the above meeting alleging that Mr M Kerr, a junior driver driving the horse NAVY SEAL had failed to come up into his barrier position.
Rule 857 (7) (g) states:
‘No horseman shall fail to come up into and/or maintain his position’.
facts:
The incident was demonstrated by use of the video film. Mr Taumanu pointed out the position of Navy Seal prior to the start. Navy Seal started from the outside of the front row and was approximately one length behind the barrier when the race started.
Mr Taumanu then pointed out that Mr Kerr dropped back and moved across behind the horse next to him on the front row which created an unfair advantage for his horse. Mr Taumanu said the horse was travelling well and not hanging or pacing roughly at the time. He also said that it was Mr Kerr’s’ job to put his horse onto the gate at the start.
Mr Kerr said that it was the first time Navy Seal had drawn the outside at the barrier. He said that he regularly drove the horse in track work, and that it was a big horse which sometimes galloped at the start. He was being cautious because of its’ relative inexperience.
He acknowledged that he had erred in not keeping up to the barrier, saying that he wanted to give the horse and the public every opportunity. Mr Kerr felt that the incident probably looked worse on the film than it probably was and that the horse on his inside had gone forward quickly at the start.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The Committee finds that the charge having been admitted is proved.
sumissionsforpenalty:
Mr Taumanu submitted that the offence was considered to be in the lower to mid range of seriousness. He submitted that the JCA penalty guide showed a fine starting point of $250.
He said Mr Kerr did not have any charges of a similar nature on his record.
Mr Kerr for his part said he realised he had made a mistake and asked the Committee to take into account his admission and the mitigating circumstances referred to earlier.
Mr Macfarlane, for Mr Kerr, asked the Committee to take into consideration his guilty plea, the fact that he was a junior driver and that he had not interfered with any other horse. He asked for a penalty towards the lower end of the scale.
reasonsforpenalty:
In deciding the penalty the Committee takes into account the following:
1. Mr Kerr’s admission
2. That he is a junior driver
3. It is his first breach of the Rule
4. That his motivation-rightly or wrongly-to give the horse the best opportunity in the race given he believed it was relatively inexperienced and known to be fractious at times.
5. That the breach was assessed as being in the mid to lower range.
penalty:
The Committee accordingly impose a fine of $175 on Mr Kerr.
hearing_type: Hearing
Rules: 857(7)(g)
Informant: Mr Taumanu - Stipendiary Steward
JockeysandTrainer: Mr M Kerr - Junior Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 905a6c9a5a8ad85cd813a54441b9f8b0
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 5e71844a981ec4554bc3de74f1d0e52c
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 03/11/2011
meet_title: Cambridge - Te Awamutu HRC - 3 November 2011
meet_expappcomment:
meet_km: [{"Comment": [], "kmprice": 85.560000000000002, "MemberID": "JHolloway", "Member": "", "KMs": "138", "OtherExpenses": "0", "Total": 85.560000000000002, "MemberRole": "Chair ", "Approved": []}]
meet_otherexp:
tracklocation: cambridge-te-awamutu-hrc
meet_racingtype: harness-racing
meet_chair: JHolloway
meet_pm1: AGodsalve
meet_pm2: none
name: Cambridge - Te Awamutu HRC