Archive Decision

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HR Waikato 15 November 2015 – R 1 – Chair, Mr A Godsalve

ID: JCA11505

Applicant:
Mr J Muirhead - Stipendiary Steward

Respondent(s):
Mr T Vince-Amateur Horseman

Information Number:
A3683

Hearing Type:
Hearing

New Charge:
Interferes with own horse.

Rules:
Rule 869(4)

Plea:
admitted

Meet Title:
Harness Racing Waikato - 15 November 2015

Meet Chair:
AGodsalve

Meet Committee Member 1:
ADooley

Race Date:
2015/11/15

Race Number:
R1

Decision:

As Mr Vince has admitted the breach we find the charge proved.

Penalty:

Accordingly we imposed a fine of $200 on Mr Vince.

Facts:

Following the running of  race 1, the FAIRVIEW MOTORS CAMBRIDGE AMATEUR DRIVERS MOBILE PACE, an Information was lodged by Mr Muirhead alleging that Amateur Driver Mr T Vince ' drove in a manner which was likely to interfere with his own horse by contacting the inside sulky wheel of SHARDS PHOENIX on the final turn'.

Mr Vince was present at the hearing and acknowledged that he understood the Rule and that he admitted the breach.

Rule 869(4) provides that ' No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress'.

Using the available video films Mr Muirhead identified the horses CELTIC WARRIOR, driven by Mr Vince, and SHARDS PHOENIX (Mr K Judson) as they approached the final turn into the home straight. SHARDS PHOENIX was leading the race, with CELTIC WARRIOR behind it in a trailing position. Mr Muirhead pointed out that CELTIC WARRIOR'S near foreleg had contacted the sulky wheel of SHARDS PHOENIX, resulting in CELTIC WARRIOR faltering for a few strides. 

Mr Vince stated that the incident did not cost his horse any ground and that it was accidental.

Submissions for Penalty:

Mr Muirhead submitted that the JCA Penalty Guide calls for a starting point of a suspension of 4 drives or a fine of $200 for a breach of this Rule which is the lowest category applicable. He stated that as the incident had not affected any other horses or had any impact on Mr Vince's horse the Stewards viewed this breach to be at the low end. Accordingly the Stewards believed a fine of $200 would be an appropriate penalty.

Mr Vince also agreed that a suspension would be harsh in this instance.

Reasons for Penalty:

The Committee took into account the submissions of all of the parties. In Mr Vince's favour is that he admitted the breach, and that no other horses were affected as a result of it. However the Rule is in place to put the onus on drivers to drive their horses within the Rules and clearly on this occasion Mr Vince did not do so. However, given that the breach was at the low end on the scale, and that Mr Vince has a clear record regarding  breaches of this Rule, the Committee believed that it could be dealt with by way of a fine.

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: 1e3e40396780d1253d50d06262ae0102


informantnumber: A3683


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Interferes with own horse.


plea: admitted


penaltyrequired: 1


decisiondate: 15/11/2015


hearing_title: HR Waikato 15 November 2015 - R 1 - Chair, Mr A Godsalve


charge:


facts:

Following the running of  race 1, the FAIRVIEW MOTORS CAMBRIDGE AMATEUR DRIVERS MOBILE PACE, an Information was lodged by Mr Muirhead alleging that Amateur Driver Mr T Vince ' drove in a manner which was likely to interfere with his own horse by contacting the inside sulky wheel of SHARDS PHOENIX on the final turn'.

Mr Vince was present at the hearing and acknowledged that he understood the Rule and that he admitted the breach.

Rule 869(4) provides that ' No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress'.

Using the available video films Mr Muirhead identified the horses CELTIC WARRIOR, driven by Mr Vince, and SHARDS PHOENIX (Mr K Judson) as they approached the final turn into the home straight. SHARDS PHOENIX was leading the race, with CELTIC WARRIOR behind it in a trailing position. Mr Muirhead pointed out that CELTIC WARRIOR'S near foreleg had contacted the sulky wheel of SHARDS PHOENIX, resulting in CELTIC WARRIOR faltering for a few strides. 

Mr Vince stated that the incident did not cost his horse any ground and that it was accidental.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Vince has admitted the breach we find the charge proved.


sumissionsforpenalty:

Mr Muirhead submitted that the JCA Penalty Guide calls for a starting point of a suspension of 4 drives or a fine of $200 for a breach of this Rule which is the lowest category applicable. He stated that as the incident had not affected any other horses or had any impact on Mr Vince's horse the Stewards viewed this breach to be at the low end. Accordingly the Stewards believed a fine of $200 would be an appropriate penalty.

Mr Vince also agreed that a suspension would be harsh in this instance.


reasonsforpenalty:

The Committee took into account the submissions of all of the parties. In Mr Vince's favour is that he admitted the breach, and that no other horses were affected as a result of it. However the Rule is in place to put the onus on drivers to drive their horses within the Rules and clearly on this occasion Mr Vince did not do so. However, given that the breach was at the low end on the scale, and that Mr Vince has a clear record regarding  breaches of this Rule, the Committee believed that it could be dealt with by way of a fine.


penalty:

Accordingly we imposed a fine of $200 on Mr Vince.


hearing_type: Hearing


Rules: Rule 869(4)


Informant: Mr J Muirhead - Stipendiary Steward


JockeysandTrainer: Mr T Vince-Amateur Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 24efeaaf4c9741e8c7a6c0144d523e24


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R1


submittochair:


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meetid: 9613de6428db9a8d43edbe6927e2540e


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meet_noreport: 0


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meetdate: 15/11/2015


meet_title: Harness Racing Waikato - 15 November 2015


meet_expappcomment:


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meet_otherexp:


tracklocation: harness-racing-waikato


meet_racingtype: harness-racing


meet_chair: AGodsalve


meet_pm1: ADooley


meet_pm2: none


name: Harness Racing Waikato