Archive Decision

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Forbury Park TC 4 April 2019 – R 3 – Chair, Prof G Hall

ID: JCA14536

Applicant:
Mr S Renault - Stipendiary Steward

Respondent(s):
Mr R Close - Licensed Open Driver

Information Number:
A12487

Hearing Type:
Hearing

New Charge:
Starting from the incorrect barrier position

Rules:
862

Plea:
admitted

Meet Title:
Forbury Park TC - 4 April 2019

Meet Chair:
GHall

Race Date:
2019/04/04

Race Number:
R 3

Decision:

Mr Close has admitted the breach. The breach is proved.

Penalty:

Mr Close is fined the sum of $200.

Facts:

Following the running of Race 3, the PRESIDENT’S MOBILE PACE, an information was filed by Stipendiary Steward, Mr Renault, alleging that Mr Close, the driver of JAMIES BAD BOY started from the incorrect barrier position.

Mr Close admitted the breach and was present at the hearing of the information.

Rule 862 provides 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).

Mr Renault demonstrated on the race films that the respondent, who had drawn 4 on the second line and to the inside of Ms Butt, had in fact scored up to her outside. JAMIES BAD BOY settled at the back of the field and finished seventh. Mr Renault said it was hard to say whether Mr Close had gained an advantage or a disadvantage. The horse had not finished off the race that well in any event.

Mr Close said he thought he was horse #13, whereas he was #12. He did not believe he had gained an advantage. His error had not affected the way the horse was driven as the horse had had a tendency to get back off the gate lately. The horse was also “first up for a while”.

Submissions for Penalty:

Mr Renault produced Mr Close’s record. He had a clear record under this rule. The Penalty Guide provides a starting point of a $400 fine or an 8-drive suspension. Mr Renault submitted a fine of $300 to $350 was appropriate.

Mr Close emphasised he had gained no advantage through his actions.

Reasons for Penalty:

Mr Close has made a mistake. He thought he had drawn 5 on the second line when in fact it was 4. He has gained no advantage. Due to track conditions it was a moving start, and this may have contributed to his confusion.

The conditions on the night were atrocious. Mr Close has co-operated with the Stewards, has admitted the breach and has a clear record under the rule. These factors justify a 50% reduction from the $400 starting point.

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: 8fbde2f4b9bc1445ab06d704e81e92e1


informantnumber: A12487


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Starting from the incorrect barrier position


plea: admitted


penaltyrequired: 1


decisiondate: 08/04/2019


hearing_title: Forbury Park TC 4 April 2019 - R 3 - Chair, Prof G Hall


charge:


facts:

Following the running of Race 3, the PRESIDENT’S MOBILE PACE, an information was filed by Stipendiary Steward, Mr Renault, alleging that Mr Close, the driver of JAMIES BAD BOY started from the incorrect barrier position.

Mr Close admitted the breach and was present at the hearing of the information.

Rule 862 provides 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).

Mr Renault demonstrated on the race films that the respondent, who had drawn 4 on the second line and to the inside of Ms Butt, had in fact scored up to her outside. JAMIES BAD BOY settled at the back of the field and finished seventh. Mr Renault said it was hard to say whether Mr Close had gained an advantage or a disadvantage. The horse had not finished off the race that well in any event.

Mr Close said he thought he was horse #13, whereas he was #12. He did not believe he had gained an advantage. His error had not affected the way the horse was driven as the horse had had a tendency to get back off the gate lately. The horse was also “first up for a while”.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr Close has admitted the breach. The breach is proved.


sumissionsforpenalty:

Mr Renault produced Mr Close’s record. He had a clear record under this rule. The Penalty Guide provides a starting point of a $400 fine or an 8-drive suspension. Mr Renault submitted a fine of $300 to $350 was appropriate.

Mr Close emphasised he had gained no advantage through his actions.


reasonsforpenalty:

Mr Close has made a mistake. He thought he had drawn 5 on the second line when in fact it was 4. He has gained no advantage. Due to track conditions it was a moving start, and this may have contributed to his confusion.

The conditions on the night were atrocious. Mr Close has co-operated with the Stewards, has admitted the breach and has a clear record under the rule. These factors justify a 50% reduction from the $400 starting point.


penalty:

Mr Close is fined the sum of $200.


hearing_type: Hearing


Rules: 862


Informant: Mr S Renault - Stipendiary Steward


JockeysandTrainer: Mr R Close - Licensed Open Driver


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 4a09880cac5e34216625ac3af451406d


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 3


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: db4bedbbe838e0af6a2a06c208ea4050


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 04/04/2019


meet_title: Forbury Park TC - 4 April 2019


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: forbury-park-tc


meet_racingtype: harness-racing


meet_chair: GHall


meet_pm1: none


meet_pm2: none


name: Forbury Park TC