Hawera HRC 30 March 2013 – R 6
ID: JCA16529
Meet Title:
Hawera HRC - 30 March 2013
Meet Chair:
ISmith
Meet Committee Member 1:
PWilliams
Race Date:
2013/03/30
Race Number:
R 6
Decision:
As Mr McKendry admitted the breach the charge is found proved.
Penalty:
The Committee believes on this occasion a fine is an appropriate penalty and Mr McKendry is fined $150.
Charge:
Following the running of race 6 an Information was filed by Stipendiary Steward Mr J Muirhead pursuant to rule 857 (7) (d) alleging Open Horseman M McKendry, the driver of “Chequeme Rosie”, came up to the starting gate in barrier position 5 instead of 4.
Mr McKendry signed the information informing the committee he admitted the breach of the Rule and did not wish to be present at the hearing.
Rule 857 (7) states:- No Horseman shall: (d) come to the starting gate out of position.
Facts:
Mr Muirhead said Mr McKendry was drawn 5 on the front row for the race but because horse number 2 was scratched he should have started from number 4 on the front row. He reminded the Committee that the matter had been the subject of a previous protest hearing which had been dismissed by the Committee as it was felt Mr McKendry had not gained an advantage from being in the incorrect position behind the mobile. Mr Muirhead said it was the responsibility of a driver to ensure he was in the correct position behind the mobile and the Rule was one of strict liability.
Submissions for Penalty:
Mr Muirhead said Mr McKendry had no previous charges under this Rule. He reminded the Committee that the JCA Guidelines state a starting point for a breach of the Rule is $400 and he submitted a fine close to that was an appropriate penalty.
Reasons for Penalty:
The Committee has considered the submissions of all parties. Mr Muirhead referred to the JCA Penalty Guide and the starting point of a fine of $400 for a breach of the Rule and submitted an appropriate penalty was a fine close to that figure. There are, however, several mitigating factors to be considered. In arriving at the penalty the Committee has taken into account Mr McKendry’s frank admission of the breach and the fact he has not been previously charged with a breach of this Rule. The Committee also took into account that the start was not a good one with one other runner out of position at the release point. This was, clearly, a contributing factor. The Committee is also mindful that at the earlier protest hearing relating to the start of the race it was found that Mr McKendry did not gain an advantage by being in position 5 on the front line behind the mobile instead of position 4. Finally, and significantly, the Committee has also noted that the 3 previous breaches of this Rule in the last 12 months have incurred a fine of $150 which is considerably smaller than that stated in the Penalty Guide.
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: c023a39a9d0df845b76b00f9e0a59a09
informantnumber: A2502
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 01/04/2013
hearing_title: Hawera HRC 30 March 2013 - R 6
charge:
Following the running of race 6 an Information was filed by Stipendiary Steward Mr J Muirhead pursuant to rule 857 (7) (d) alleging Open Horseman M McKendry, the driver of “Chequeme Rosie”, came up to the starting gate in barrier position 5 instead of 4.
Mr McKendry signed the information informing the committee he admitted the breach of the Rule and did not wish to be present at the hearing.
Rule 857 (7) states:- No Horseman shall: (d) come to the starting gate out of position.
facts:
Mr Muirhead said Mr McKendry was drawn 5 on the front row for the race but because horse number 2 was scratched he should have started from number 4 on the front row. He reminded the Committee that the matter had been the subject of a previous protest hearing which had been dismissed by the Committee as it was felt Mr McKendry had not gained an advantage from being in the incorrect position behind the mobile. Mr Muirhead said it was the responsibility of a driver to ensure he was in the correct position behind the mobile and the Rule was one of strict liability.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr McKendry admitted the breach the charge is found proved.
sumissionsforpenalty:
Mr Muirhead said Mr McKendry had no previous charges under this Rule. He reminded the Committee that the JCA Guidelines state a starting point for a breach of the Rule is $400 and he submitted a fine close to that was an appropriate penalty.
reasonsforpenalty:
The Committee has considered the submissions of all parties. Mr Muirhead referred to the JCA Penalty Guide and the starting point of a fine of $400 for a breach of the Rule and submitted an appropriate penalty was a fine close to that figure. There are, however, several mitigating factors to be considered. In arriving at the penalty the Committee has taken into account Mr McKendry’s frank admission of the breach and the fact he has not been previously charged with a breach of this Rule. The Committee also took into account that the start was not a good one with one other runner out of position at the release point. This was, clearly, a contributing factor. The Committee is also mindful that at the earlier protest hearing relating to the start of the race it was found that Mr McKendry did not gain an advantage by being in position 5 on the front line behind the mobile instead of position 4. Finally, and significantly, the Committee has also noted that the 3 previous breaches of this Rule in the last 12 months have incurred a fine of $150 which is considerably smaller than that stated in the Penalty Guide.
penalty:
The Committee believes on this occasion a fine is an appropriate penalty and Mr McKendry is fined $150.
hearing_type: Hearing
Rules: 857(7)(d)
Informant: Mr J Muirhead - Stipendiary Steward
JockeysandTrainer: Mr M McKendry - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 9c0589d88d3e30861d5a105ea764dcbe
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: bdd2a3460d13813a4b8d2d9e1cf6b991
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 30/03/2013
meet_title: Hawera HRC - 30 March 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: hawera-hrc
meet_racingtype: harness-racing
meet_chair: ISmith
meet_pm1: PWilliams
meet_pm2: none
name: Hawera HRC