Cheviot HRC 28 February 2016 – R 4 – Chair, Mr S Ching
ID: JCA11773
Meet Title:
Cheviot HRC - 28 February 2016
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2016/02/28
Race Number:
R4
Decision:
The charge was found to be proved.
Penalty:
Accordingly, Mr Ford was fined the sum of $400.
Facts:
Following the running of Race 4, the Charles Wiffen Wines-Cheviot Vineyard-Mt Beautiful Wines-Mobile Pace, an Information was filed by Stipendiary Steward Mr S Wallis against Open Horseman, Mr A Ford, alleging a breach of Rule 862(2) in that when driving WELL ARMED, he allowed his horse to start from the incorrect barrier position.
Rule 862(2) reads 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 start), unless directed by the Starter in accordance with Rule 860(8).
Submissions for Decision:
Mr Ford had endorsed the Information that this breach of the Rules was not admitted which he confirmed at the hearing. Mr Ford also acknowledged that he understood the Rule he was being charged with.
Mr Wallis gave evidence and showed video replays to show that Mr Ford driving WELL ARMED, was drawn three on the second line in the mobile start event. He pointed out WELL ARMED, in the score up, shift out from its correct barrier position of three behind ANNIKA LINDENNY, driven by Miss S Ottley. Mr Wallis said that there was plenty of room for Mr Ford to get into the correct position in the score up but Mr Ford shifted out and took up a position on the outside of LING ROLL, driven by Mr R Harneiss, who had drawn 4 on the second line. The only other runner in the field was KACHINA, driven by Mr G O’Reilly, who was starting off the unruly position. Mr Wallis said that Mr Ford took up the position on the outside of Mr Harneiss who was hanging in during the score up and without a runner inside him began in nearer the 3 ½ wide line with Mr Ford on his outside. He said it was clear on the video replays that Mr Ford had started from the incorrect barrier position.
Mr Ford stated that there was a shadow from the lighting tower on the track near the 300m which his horse had jumped in its preliminary. He said he manoeuvred out on the track in the score up to avoid the shadow and in doing so had decided to start on the outside of Mr Harneiss.
Reasons for Decision:
The Committee was satisfied that after hearing evidence and viewing the compelling video replays, WELL ARMED, driven by Mr Ford, was clearly not in its correct starting position of 3 on the second line and when the start was declared. We also found that Mr Ford consciously took up a position in the score up on the outside of Mr Harneiss when in fact he should have been positioned on the inside of him behind Miss Ottley. The Committee found the reason advanced by Mr Ford by way of a defence was found wanting. We were therefore satisfied that Mr Ford was in breach of the Rule and found the charge to be proved.
Submissions for Penalty:
Mr Wallis stated that Mr Ford had a clear record in relation to this rule. He also said that Mr Ford has so far this season driven on 2 occasions with 4 drives last season. He stated that the JCA Penalty Guide recommended a starting point of 8 drives or a $400 fine for a breach of this Rule. Mr Wallis submitted that a fine of $400 be considered as penalty in this case.
Reasons for Penalty:
In determining penalty, the Committee took into consideration all mitigating and aggravating factors. The Committee found that there were no mitigating factors and treated Mr Ford’s record as neutral due to his low number of historic drives. An aggravating factor was Mr Ford’s conscious act to deliberately take up an incorrect position at the start on the outside of Mr Harneiss. In adopting the JCA Penalty Guide starting point of $400 we determined that as there were no mitigating factors, only aggravating factors, an appropriate penalty in this case was a fine of $400.
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: 3189628d8e1c9471231e01de92c2246f
informantnumber: A8062
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of Rule 862(2)-Starting from the incorrect barrier position
plea: denied
penaltyrequired: 1
decisiondate: 04/03/2016
hearing_title: Cheviot HRC 28 February 2016 - R 4 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 4, the Charles Wiffen Wines-Cheviot Vineyard-Mt Beautiful Wines-Mobile Pace, an Information was filed by Stipendiary Steward Mr S Wallis against Open Horseman, Mr A Ford, alleging a breach of Rule 862(2) in that when driving WELL ARMED, he allowed his horse to start from the incorrect barrier position.
Rule 862(2) reads 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 start), unless directed by the Starter in accordance with Rule 860(8).
appealdecision:
isappeal:
submissionsfordecision:
Mr Ford had endorsed the Information that this breach of the Rules was not admitted which he confirmed at the hearing. Mr Ford also acknowledged that he understood the Rule he was being charged with.
Mr Wallis gave evidence and showed video replays to show that Mr Ford driving WELL ARMED, was drawn three on the second line in the mobile start event. He pointed out WELL ARMED, in the score up, shift out from its correct barrier position of three behind ANNIKA LINDENNY, driven by Miss S Ottley. Mr Wallis said that there was plenty of room for Mr Ford to get into the correct position in the score up but Mr Ford shifted out and took up a position on the outside of LING ROLL, driven by Mr R Harneiss, who had drawn 4 on the second line. The only other runner in the field was KACHINA, driven by Mr G O’Reilly, who was starting off the unruly position. Mr Wallis said that Mr Ford took up the position on the outside of Mr Harneiss who was hanging in during the score up and without a runner inside him began in nearer the 3 ½ wide line with Mr Ford on his outside. He said it was clear on the video replays that Mr Ford had started from the incorrect barrier position.
Mr Ford stated that there was a shadow from the lighting tower on the track near the 300m which his horse had jumped in its preliminary. He said he manoeuvred out on the track in the score up to avoid the shadow and in doing so had decided to start on the outside of Mr Harneiss.
reasonsfordecision:
The Committee was satisfied that after hearing evidence and viewing the compelling video replays, WELL ARMED, driven by Mr Ford, was clearly not in its correct starting position of 3 on the second line and when the start was declared. We also found that Mr Ford consciously took up a position in the score up on the outside of Mr Harneiss when in fact he should have been positioned on the inside of him behind Miss Ottley. The Committee found the reason advanced by Mr Ford by way of a defence was found wanting. We were therefore satisfied that Mr Ford was in breach of the Rule and found the charge to be proved.
Decision:
The charge was found to be proved.
sumissionsforpenalty:
Mr Wallis stated that Mr Ford had a clear record in relation to this rule. He also said that Mr Ford has so far this season driven on 2 occasions with 4 drives last season. He stated that the JCA Penalty Guide recommended a starting point of 8 drives or a $400 fine for a breach of this Rule. Mr Wallis submitted that a fine of $400 be considered as penalty in this case.
reasonsforpenalty:
In determining penalty, the Committee took into consideration all mitigating and aggravating factors. The Committee found that there were no mitigating factors and treated Mr Ford’s record as neutral due to his low number of historic drives. An aggravating factor was Mr Ford’s conscious act to deliberately take up an incorrect position at the start on the outside of Mr Harneiss. In adopting the JCA Penalty Guide starting point of $400 we determined that as there were no mitigating factors, only aggravating factors, an appropriate penalty in this case was a fine of $400.
penalty:
Accordingly, Mr Ford was fined the sum of $400.
hearing_type: Hearing
Rules: 862(2)
Informant: S Wallis-Stipendiary Steward
JockeysandTrainer: A Ford-Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 11c8fcc8f1e38e5d5bd834346fa4130f
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: 8edb45c079777166f2f3b3cee5e30f40
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 28/02/2016
meet_title: Cheviot HRC - 28 February 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: cheviot-hrc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: Cheviot HRC