Archive Decision

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Cambridge-Te Awamutu HRC 30 December 2011 – R 4

ID: JCA10758

Applicant:
Mr T Taumanu - Stipendiary Steward

Respondent(s):
Ms N Chilcott - Licensed Horsewoman

Other Person:
Mr J Muirhead - Stipendiary Steward, Mr R Death - Registrar

Information Number:
69004

Hearing Type:
Hearing

Rules:
869 (7A)(b)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Cambridge - Te Awamutu HRC - 30 December 2011

Meet Chair:
GJones

Meet Committee Member 1:
JHolloway

Race Date:
2011/12/30

Race Number:
R 4

Decision:

The breach was admitted and is therefore proved.

Penalty:

In consideration of the above factors we impose a fine of $200.

Charge:

Miss Chilcott drove inside a pylon and gained an advantage with her horse Leroy Brogden during the run home.

Facts:

Stipendiary Steward, Mr Taumanu told the Judicial Control Authority Committee (“the Committee”) that as the field approached the home straight, Leroy Brogden was racing three deep behind Ambros Favourite (P Ferguson), who was directly behind the leader, Clive Bromac (D Butcher). Leroy Brogden improved inside Ambros Favourite and in doing so crossed the marker line, knocking down one pylon and brushing at least one other. He said that in carrying out this manoeuvre Leroy Brogden gained an unfair advantage over the third placed horse, Nickys Passion.

Submissions for Penalty:

Mr Taumanu submitted that the Penalty Guidelines for Committees establish a fine of $200 for a breach of this particular rule. He submitted that as a result of the breach Leroy Brogden was relegated from 2nd to 3rd placing (following a Protest Hearing) and that this cost the connections of the horse the difference in stake money ($830 to $420).

Mr Taumanu also submitted that in his view the breach was at the lower end of the scale and that Ms Chilcott was a busy driver and had a good driving record.

Ms Chilcott submitted that there were mitigating circumstances i.e. that Mr Ferguson's horse was laying in on her. She also submitted that the Committee should take account of her good record and the fact that she has not previously breached this rule.

Reasons for Penalty:

The Committee carefully considered the submissions of the Informant and Ms Chilcott. The Committee independently assessed the incident and does not accept that Mr Fergusons horse was a contributing factor. But we do accept that the breach was at the lower end of the scale albeit that Leroy Brogden was relegated from 2nd to 3rd as a result of this breach and this did have a financial impact on the horse’s owners and may have had a financial impact on the betting public.

We noted that previous breaches of this particular rule have attracted a fine between $100 and $350.

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: 0bc7fc4d5d130ecad1feca9b26c87d89


informantnumber: 69004


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 20/12/2011


hearing_title: Cambridge-Te Awamutu HRC 30 December 2011 - R 4


charge:

Miss Chilcott drove inside a pylon and gained an advantage with her horse Leroy Brogden during the run home.


facts:

Stipendiary Steward, Mr Taumanu told the Judicial Control Authority Committee (“the Committee”) that as the field approached the home straight, Leroy Brogden was racing three deep behind Ambros Favourite (P Ferguson), who was directly behind the leader, Clive Bromac (D Butcher). Leroy Brogden improved inside Ambros Favourite and in doing so crossed the marker line, knocking down one pylon and brushing at least one other. He said that in carrying out this manoeuvre Leroy Brogden gained an unfair advantage over the third placed horse, Nickys Passion.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

The breach was admitted and is therefore proved.

sumissionsforpenalty:

Mr Taumanu submitted that the Penalty Guidelines for Committees establish a fine of $200 for a breach of this particular rule. He submitted that as a result of the breach Leroy Brogden was relegated from 2nd to 3rd placing (following a Protest Hearing) and that this cost the connections of the horse the difference in stake money ($830 to $420).

Mr Taumanu also submitted that in his view the breach was at the lower end of the scale and that Ms Chilcott was a busy driver and had a good driving record.

Ms Chilcott submitted that there were mitigating circumstances i.e. that Mr Ferguson's horse was laying in on her. She also submitted that the Committee should take account of her good record and the fact that she has not previously breached this rule.


reasonsforpenalty:

The Committee carefully considered the submissions of the Informant and Ms Chilcott. The Committee independently assessed the incident and does not accept that Mr Fergusons horse was a contributing factor. But we do accept that the breach was at the lower end of the scale albeit that Leroy Brogden was relegated from 2nd to 3rd as a result of this breach and this did have a financial impact on the horse’s owners and may have had a financial impact on the betting public.

We noted that previous breaches of this particular rule have attracted a fine between $100 and $350.


penalty:

In consideration of the above factors we impose a fine of $200.


hearing_type: Hearing


Rules: 869 (7A)(b)


Informant: Mr T Taumanu - Stipendiary Steward


JockeysandTrainer: Ms N Chilcott - Licensed Horsewoman


Otherperson: Mr J Muirhead - Stipendiary Steward, Mr R Death - Registrar


PersonPresent:


Respondent:


StipendSteward:


raceid: c91fbdbcc659c346a839d8f99aef8dec


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 4


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 05d00b1a00c760f43e72cbc3adb57cc6


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 30/12/2011


meet_title: Cambridge - Te Awamutu HRC - 30 December 2011


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: cambridge-te-awamutu-hrc


meet_racingtype: thoroughbred-racing


meet_chair: GJones


meet_pm1: JHolloway


meet_pm2: none


name: Cambridge - Te Awamutu HRC