Counties RC – 25 October 2006 –

hearingid: 7ff5f13107e5d03772b34bb981f7406e

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hearing_racingtype: thoroughbred-racing

startdate: 25/10/2006

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hearing_title: Counties RC - 25 October 2006 -

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Decision:

The information charged the Defendant Harrison, the official Starter for the meeting, with a breach of Rule 304

The information charged the Defendant Harrison, the official Starter for the meeting, with a breach of Rule 304, by notice which stated:

That a directive issued by the Stipendiary Stewards in respect to the start time of race 6 be delayed for a period of 3 minutes, now to be started at 2.58pm, was conveyed to the Starter by the official communication authority of the Club, namely through the the New Zealand Racing Board totalisator employees, and that notwithstanding that directive to you, the Starter, Mr T Harrison (being an official of the Counties Racing Club and therefore a person who comes within the provisions of Rule 303 of the New Zealand Rules of Racing) did upon your own decision elect to release the field without adhering to the directive of a 3 minute delay, and thereby started the race prior to the official time by approximately 2 ? minutes, and as a result thereof you did misconduct yourself in terms of Rules 304 of the New Zealand Rules of Racing, for which you are liable to penalty or penalties as set out in Rule 1003 of the said Rules.

The Defendant was asked to affirm both his understanding of the charge and that he admitted to the breach.

Presenting his case, the Informant advised the Committee that following race 5 a protest was lodged, and that as the result of the protest hearing had not been determined close to the start of race 6, he issued a directive be communicated to the Starter to delay the start of that next race by three minutes. The Informant stated that despite initial communication problems being encountered, the Starter was given his directive, but elected to start the race regardless.

The Defendant advised the Committee that when he received the Stipendiary directive there was only one horse to load, and that that horse entered the stall as he was speaking to the official who delivered the directive. The Defendant chose to let the field go at that time as he believed that it would not have been appropriate under the circumstances to direct that the horses be taken out the back of the stalls and then as soon as they were out, to reload them. In accord with the circumstances, he used his judgment and let the field go.

Addressing penalty, the Informant could not provide detail of precedent cases, and advised that he considered that a monetary penalty, a fine of $1,000.00, would be appropriate.

The Defendant had no comment as to penalty, but when questioned by the Committee responded that he had not been subject of rule breaches in his 3 years as starter.

Penalty:

The Committee took into account the Defendant's admission of the breach, and his unblemished record. The Committee also treated as a determinative factor that there had been communication problems which precluded the directive getting to him earlier.

Accepting the Informant's recommendation that the penalty should be of a monetary nature, the Committee imposed a fine of $750.00.

GM Downey                                                W Dollimore

Chairman

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