Archive Decision

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Franklin TC 13 April 2012 – R 6

ID: JCA13727

Applicant:
Mr J M Muirhead - Stipendiary Steward

Respondent(s):
Mr T M Hall - Graduation Horseman

Information Number:
A2360

Hearing Type:
Hearing

Rules:
869(7)(a) and 869(3)(f)

Plea:
admitted

Meet Title:
Franklin TC - 13 April 2012

Meet Chair:
BScott

Meet Committee Member 1:
GJones

Race Date:
2012/04/13

Race Number:
R 6

Decision:

The breach is admitted and accordingly the charge is proved.

Penalty:

The Committee therefore suspends Mr Hall’s Graduation Horseman’s License from the conclusion of racing tonight up to and including the 2nd of June 2012. This is 12 driving days.

Charge:

Breach of 869(7)(a) and 869(3)(f) – Driving improperly.

Facts:

An Information was lodged by Stipendiary Steward Mr JM Muirhead against Graduation Horseman Mr TM Hall the Driver of KEYSTONE DEL in race 6 alleging that Mr Hall drove KEYSTONE DEL improperly gaining an advantage by driving inside the marker line over the concluding stages of the race.

Mr Hall was present and initially advised this Committee that he did not admit the breach.

The appropriate Rules were read to Mr Hall as were the Track Marker Regulations.

Rule 869(3)(f) provides:

“No horseman in any race shall drive improperly.”

The relevant part of Rule 869(7)(A) provides:

Every horseman that moves inwards shall ensure that any part of the sulky does not protrude inside the marker line”.

Clause 6 of the Track Marker Regulations provides:

“If a horse shifts inside the running line of the track markers, the Driver of such horse shall restrain it and regain its position on the outside of the running line at the first break in position, without causing interference to the other runners. The Driver of any horse who in the opinion of the Stipendary Stewards fails to take this required corrective action may be considered to be in breach of Rule 869(3)(f).”

By agreement between the parties the evidence taken at the Protest Hearing into the placing of KEYSTONE DEL in this race was accepted for this Hearing.

Mr Muirhead again demonstrated the incident by use of the video films.

Mr Hall advised this Committee that he wished to change his plea and admit the breach and this was accepted by the Committee.

Submissions for Penalty:

Mr Muirhead said that the Stewards believed that there was some mitigation when Mr Hall moved in. He said that however Mr Hall made an error when he continued on in the passing lane because he should not only have restrained his horse but he should have moved out at the first available opportunity.

He said that Mr Hall has a good record and he has now admitted the breach.

Mr Muirhead said that by way of penalty the Stewards were looking for a suspension of Mr Hall’s Horseman’s License and that the JCA Guidelines provided for a penalty of 25 drives or a fine of $1,250.00.

Mr Hall for his part said that he moved into the passing lane for safety reasons and he now realises that he should have restrained his horse further back in the field and then moved out.

Reasons for Penalty:

The charge is admitted and Mr Hall does have a good record. The incident however has caused the relegation of Mr Hall’s horse and he has made an error in remaining inside the marker lines and then driving out into the passing lane. This is a fundamental error and Mr Hall needs to realise this.

The Committee is prepared to deal with this matter by way of suspension of Mr Hall’s Drivers License and the Committee asked Mr Hall about his driving commitments. He essentially drives only

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: 5d54a1a0bd5944707cea6b796ed53393


informantnumber: A2360


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 15/06/2012


hearing_title: Franklin TC 13 April 2012 - R 6


charge:

Breach of 869(7)(a) and 869(3)(f) – Driving improperly.


facts:

An Information was lodged by Stipendiary Steward Mr JM Muirhead against Graduation Horseman Mr TM Hall the Driver of KEYSTONE DEL in race 6 alleging that Mr Hall drove KEYSTONE DEL improperly gaining an advantage by driving inside the marker line over the concluding stages of the race.

Mr Hall was present and initially advised this Committee that he did not admit the breach.

The appropriate Rules were read to Mr Hall as were the Track Marker Regulations.

Rule 869(3)(f) provides:

“No horseman in any race shall drive improperly.”

The relevant part of Rule 869(7)(A) provides:

Every horseman that moves inwards shall ensure that any part of the sulky does not protrude inside the marker line”.

Clause 6 of the Track Marker Regulations provides:

“If a horse shifts inside the running line of the track markers, the Driver of such horse shall restrain it and regain its position on the outside of the running line at the first break in position, without causing interference to the other runners. The Driver of any horse who in the opinion of the Stipendary Stewards fails to take this required corrective action may be considered to be in breach of Rule 869(3)(f).”

By agreement between the parties the evidence taken at the Protest Hearing into the placing of KEYSTONE DEL in this race was accepted for this Hearing.

Mr Muirhead again demonstrated the incident by use of the video films.

Mr Hall advised this Committee that he wished to change his plea and admit the breach and this was accepted by the Committee.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

The breach is admitted and accordingly the charge is proved.


sumissionsforpenalty:

Mr Muirhead said that the Stewards believed that there was some mitigation when Mr Hall moved in. He said that however Mr Hall made an error when he continued on in the passing lane because he should not only have restrained his horse but he should have moved out at the first available opportunity.

He said that Mr Hall has a good record and he has now admitted the breach.

Mr Muirhead said that by way of penalty the Stewards were looking for a suspension of Mr Hall’s Horseman’s License and that the JCA Guidelines provided for a penalty of 25 drives or a fine of $1,250.00.

Mr Hall for his part said that he moved into the passing lane for safety reasons and he now realises that he should have restrained his horse further back in the field and then moved out.


reasonsforpenalty:

The charge is admitted and Mr Hall does have a good record. The incident however has caused the relegation of Mr Hall’s horse and he has made an error in remaining inside the marker lines and then driving out into the passing lane. This is a fundamental error and Mr Hall needs to realise this.

The Committee is prepared to deal with this matter by way of suspension of Mr Hall’s Drivers License and the Committee asked Mr Hall about his driving commitments. He essentially drives only


penalty:

The Committee therefore suspends Mr Hall’s Graduation Horseman’s License from the conclusion of racing tonight up to and including the 2nd of June 2012. This is 12 driving days.


hearing_type: Hearing


Rules: 869(7)(a) and 869(3)(f)


Informant: Mr J M Muirhead - Stipendiary Steward


JockeysandTrainer: Mr T M Hall - Graduation Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: e611e7066a7101ea3e2161275cf0c792


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 6


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 51ce84ec35f603ec340bd6e07b4aa0a4


meet_expapproval: approved


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 13/04/2012


meet_title: Franklin TC - 13 April 2012


meet_expappcomment:


meet_km: [{"Comment": [], "MemberRole": "Panel member 1 ", "MemberID": "GJones", "Member": "", "OtherExpenses": "0", "KMs": "26", "Total": "16.12", "kmprice": 16.120000000000001, "Approved": "on"}, {"Comment": [], "MemberRole": "Chair ", "MemberID": "BScott", "Member": "", "OtherExpenses": "0", "KMs": "106", "Total": "65.72", "kmprice": 65.719999999999999, "Approved": "on"}]


meet_otherexp:


tracklocation: franklin-tc


meet_racingtype: harness-racing


meet_chair: BScott


meet_pm1: GJones


meet_pm2: none


name: Franklin TC