Franklin TC – 9 March 2010 – Race 1
ID: JCA21572
Hearing Type (Code):
harness-racing
Meet Title:
Franklin TC - 9 March 2010
Race Date:
2010/03/09
Race Number:
Race 1
Decision:
FRANKLIN TROTTING CLUB
--RACEDAY JUDICIAL COMMITTEE DECISIONS
--TUESDAY 9TH MARCH 2010
--JCA PANEL: BJ Scott – Chairman, JN Holloway – Committee
--RACE NO: 1 INFORMATION NO: 68481 RULE NO: 869(4) & 869(6)(b) and (c)
--An Information was lodged by Stipendiary Steward Mr JM Muirhead alleging that Horseman Mr G Wolfenden the Driver of Arjayem improved wider on the track with 1100 metres to run forcing Motoringwiththebest (Driver B Mangos) from the three wide position to the four wide position.
FRANKLIN TROTTING CLUB
--RACEDAY JUDICIAL COMMITTEE DECISIONS
--TUESDAY 9TH MARCH 2010
--JCA PANEL: BJ Scott – Chairman, JN Holloway – Committee
--RACE NO: 1 INFORMATION NO: 68481 RULE NO: 869(4) & 869(6)(b) and (c)
--An Information was lodged by Stipendiary Steward Mr JM Muirhead alleging that Horseman Mr G Wolfenden the Driver of Arjayem improved wider on the track with 1100 metres to run forcing Motoringwiththebest (Driver B Mangos) from the three wide position to the four wide position.
--Mr Wolfenden admitted the breach and was present at the Hearing.
--Rule 869(4) provides:
--“No Horseman shall during any race do anything that interferes or is likely to interfere with his own horse and/or any other horse or its progress.”.
--Rule 869(6)(b) and (c) provide:
--“Subject to sub-rule (4) hereof (b) a horse making a forward movement during any race shall not be forced to race wider on the track.
--(c) A horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past.”.
--Mr Muirhead gave evidence by use of the video film and he showed the incident with the field coming along the straight with approximately 1200 metres to run. Mr Muirhead showed Mr Wolfenden’s horse and Mr Mangos’s horse and showed the outwards movement from Mr Wolfenden with 1100 metres to run. The outwards movement by Mr Wolfenden and Arjayem resulted in Motoringwiththebest being forced to race four wide.
--Mr Wolfenden accepted the evidence of Mr Muirhead.
--Mr Wolfenden for his part said that he hadn’t driven on a grass track for years and when he moved just after the 1200 metre mark he thought that it was about 1000 metres from home. He said that he didn’t know “what the candlestick pole was” and didn’t realise that this pole marked 1000 metres from home.
--Mr Wolfenden said that he thought that he was moving at the correct time and he got confused and he didn’t realise that he had moved too soon.
--Mr Muirhead said that the candlestick pole marked the 1000 metre mark from home and it was put in place for the assistance of Drivers. Mr Muirhead did however say that he could understand Mr Wolfenden’s confusion because of the various signs along and around the track but at the end of the day it was the Driver’s responsibility to know where the 1000 metre mark was.
--Mr Wolfenden did say that he had warmed his horse up left handed and did not see the pole.
--The parties were invited to make submissions as to penalty and Mr Muirhead said that the Stipendary Stewards normally sought a fine of $200.00 where the charge had been admitted.
--Mr Wolfenden said that for his part it was an error of judgment and there were mitigating circumstances.
--Decision
--The Committee took into account the facts presented to it and the submissions of both parties.
--The JCA Guidelines provide for a $200.00 fine or a suspension for one week for breach of Rule 869(4) and a $250.00 for breaches of 869(6)(b) and (c). The Committee also checked the existing JCA Penalties Report which is available to it. Mr Wolfenden has an excellent driving record and has admitted the charge.
--However it is the responsibility of Horsemen to locate the 1000 metre peg because most tracks have a 1000 metre marker and there was no reason why this track should be any different.
--Taking all matters into account as set out above this Committee imposes a fine of $200.00 on Mr Wolfenden.
--
BJ Scott JN Holloway
Chairman Committee Member
68481
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: d426084fbfc2f696067eaac45f29a74b
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 09/03/2010
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Franklin TC - 9 March 2010 - Race 1
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
FRANKLIN TROTTING CLUB
--RACEDAY JUDICIAL COMMITTEE DECISIONS
--TUESDAY 9TH MARCH 2010
--JCA PANEL: BJ Scott – Chairman, JN Holloway – Committee
--RACE NO: 1 INFORMATION NO: 68481 RULE NO: 869(4) & 869(6)(b) and (c)
--An Information was lodged by Stipendiary Steward Mr JM Muirhead alleging that Horseman Mr G Wolfenden the Driver of Arjayem improved wider on the track with 1100 metres to run forcing Motoringwiththebest (Driver B Mangos) from the three wide position to the four wide position.
FRANKLIN TROTTING CLUB
--RACEDAY JUDICIAL COMMITTEE DECISIONS
--TUESDAY 9TH MARCH 2010
--JCA PANEL: BJ Scott – Chairman, JN Holloway – Committee
--RACE NO: 1 INFORMATION NO: 68481 RULE NO: 869(4) & 869(6)(b) and (c)
--An Information was lodged by Stipendiary Steward Mr JM Muirhead alleging that Horseman Mr G Wolfenden the Driver of Arjayem improved wider on the track with 1100 metres to run forcing Motoringwiththebest (Driver B Mangos) from the three wide position to the four wide position.
--Mr Wolfenden admitted the breach and was present at the Hearing.
--Rule 869(4) provides:
--“No Horseman shall during any race do anything that interferes or is likely to interfere with his own horse and/or any other horse or its progress.”.
--Rule 869(6)(b) and (c) provide:
--“Subject to sub-rule (4) hereof (b) a horse making a forward movement during any race shall not be forced to race wider on the track.
--(c) A horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past.”.
--Mr Muirhead gave evidence by use of the video film and he showed the incident with the field coming along the straight with approximately 1200 metres to run. Mr Muirhead showed Mr Wolfenden’s horse and Mr Mangos’s horse and showed the outwards movement from Mr Wolfenden with 1100 metres to run. The outwards movement by Mr Wolfenden and Arjayem resulted in Motoringwiththebest being forced to race four wide.
--Mr Wolfenden accepted the evidence of Mr Muirhead.
--Mr Wolfenden for his part said that he hadn’t driven on a grass track for years and when he moved just after the 1200 metre mark he thought that it was about 1000 metres from home. He said that he didn’t know “what the candlestick pole was” and didn’t realise that this pole marked 1000 metres from home.
--Mr Wolfenden said that he thought that he was moving at the correct time and he got confused and he didn’t realise that he had moved too soon.
--Mr Muirhead said that the candlestick pole marked the 1000 metre mark from home and it was put in place for the assistance of Drivers. Mr Muirhead did however say that he could understand Mr Wolfenden’s confusion because of the various signs along and around the track but at the end of the day it was the Driver’s responsibility to know where the 1000 metre mark was.
--Mr Wolfenden did say that he had warmed his horse up left handed and did not see the pole.
--The parties were invited to make submissions as to penalty and Mr Muirhead said that the Stipendary Stewards normally sought a fine of $200.00 where the charge had been admitted.
--Mr Wolfenden said that for his part it was an error of judgment and there were mitigating circumstances.
--Decision
--The Committee took into account the facts presented to it and the submissions of both parties.
--The JCA Guidelines provide for a $200.00 fine or a suspension for one week for breach of Rule 869(4) and a $250.00 for breaches of 869(6)(b) and (c). The Committee also checked the existing JCA Penalties Report which is available to it. Mr Wolfenden has an excellent driving record and has admitted the charge.
--However it is the responsibility of Horsemen to locate the 1000 metre peg because most tracks have a 1000 metre marker and there was no reason why this track should be any different.
--Taking all matters into account as set out above this Committee imposes a fine of $200.00 on Mr Wolfenden.
--
BJ Scott JN Holloway
Chairman Committee Member
68481
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.4, 869.6.b
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: a2f542bcab0b45f69dc7fcb39375605c
race_expapproval:
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race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 1
submittochair:
race_expappcomment:
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meetid: 21d849c0b62d77f6aaa423380ccb468b
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waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 09/03/2010
meet_title: Franklin TC - 9 March 2010
meet_expappcomment:
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tracklocation: franklin-tc
meet_racingtype: harness-racing
meet_chair:
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name: Franklin TC