HR Waikato 16 June 2017 – R 2 – Chair, Mr A Godsalve
ID: JCA12477
Meet Title:
Harness Racing Waikato - 16 June 2017
Meet Chair:
AGodsalve
Meet Committee Member 1:
NMcCutcheon
Race Date:
2017/06/16
Race Number:
R 2
Decision:
Mr Sharpe has admitted this breach and we therefore find the charge proved.
Penalty:
The Committee therefore suspended Mr Sharpes driving licence from after racing that evening until after racing on 19 October 2017, a period of 4 months.
Facts:
Following the running of Race 2, the NI Harness Awards Sep 2 Amateur Drivers Mobile Pace, an Information was lodged by Mr Mulcay. He alleged that Amateur Driver, Mr C Sharpe had failed to take all reasonable and permissable measures with PRIME LUSTRE when failing to take an inside run available over the first 100 metres of the run home so as to ensure that the gelding was given full opportunity.
Mr Sharpe is an Amateur Driver. The Committee ascertained that he has not previously been before the JCA on any raceday matter, and asked that he consider having a senior horseman to assist him with this hearing. Mr Sharpe stated that he was admitting the breach, that he understood that this was a relatively serious breach of the Rules, and that he did not require any assistance.
Rule 868(2) states that 'Every horseman shall take all reasonable and permissable measures at all times during the race to ensure that his horse is given full opportunity to win the race or to obtain the best possible position and/or finishing place'.
Using the available video films Mr Muirhead identified the horse PRIME LUSTRE, driven by Mr Sharpe. Near the 300m mark, the horse was 3 back on the marker pegs behind CHRISSIE JET (Mr S Butcher ). Mr Muirhead demonstrated that as the horses entered the final straight, Mr Sharpe had momentarily come off Mr Butchers back, however then moved back behind and stayed on CHRISSIE JETS back as it moved away from the passing lane.
Mr Mulcay then added that it was the Stewards concern that for approximately 100 metres in the home run there was a run available for PRIME LUSTRE if Mr Sharpe had moved the horse inwards. He eventually had done so for the final 100m or so and Mr Mulcay stated that the horse had appeared to be travelling well and had finished in 4th place, about 3/4 length from the 3rd horse. Mr Mulcay added that the Stewards were not saying that PRIME LUSTRE would have finished in a better position than it did, however they were concerned that Mr Sharpe had not given the horse full opportunity to do so.
Mr Sharpe stated that he had admitted the breach, although he added that he did not believe his horse would have finished any closer if he had moved inwards to a clear run earlier than he did. He said the horse was 'battling' at the finish of the race. He said that the horses in front of him at the finish were 'walking' and gave the impression that his horse was finishing better than it actually was.
Submissions for Penalty:
Mr Mulcay referred to the JCA Penalty Guide, which provides a starting point of a 15 drive suspension or a $750 fine for a breach of this Rule. He stated that Mr Sharpe had admitted the breach, and that he had not previously been before the JCA. Mr Mulcay said the Stewards believed that this breach should be dealt with by way of a suspension of Mr Sharps driving licence, adding that it not the worst case he had seen, however it was at a critical stage of the race.
Mr Sharpe confirmed to the Committee that he owned and trained the horse PRIME LUSTRE. He said he mostly only drove that horse in races. He said he had employment outside racing.
Reasons for Penalty:
The Committee confirmed that the JCA Penalty Guide starting point for a breach of this Rule was a $750 fine or a 15 drive suspension. We take into account Mr Sharpe's admission of the breach, and that he is a relatively inexperienced driver who has not previously breached any Rule. However, against that we believe that it is imperative that drivers give their horse every opportunity to finish in the best position they can. Breaches of this Rule, especially when they occur at the finish of races, have to be viewed seriously. We considered this breach fell into the mid-range on the scale of seriousness.
The Committee felt that a suspension of Mr Sharpe's driving licence was inevitable. Since he principally drives only his own horse, the length of a suspension became an issue. We felt the best way to deal with this was to suspend Mr Sharpe for a time period, rather than by the number of drives he may be able to have.
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: 61641ce114b1d463d2185902f7297a52
informantnumber: A2624
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Fails to take all reasonable and permissable measures
plea: admitted
penaltyrequired: 1
decisiondate: 17/06/2017
hearing_title: HR Waikato 16 June 2017 - R 2 - Chair, Mr A Godsalve
charge:
facts:
Following the running of Race 2, the NI Harness Awards Sep 2 Amateur Drivers Mobile Pace, an Information was lodged by Mr Mulcay. He alleged that Amateur Driver, Mr C Sharpe had failed to take all reasonable and permissable measures with PRIME LUSTRE when failing to take an inside run available over the first 100 metres of the run home so as to ensure that the gelding was given full opportunity.
Mr Sharpe is an Amateur Driver. The Committee ascertained that he has not previously been before the JCA on any raceday matter, and asked that he consider having a senior horseman to assist him with this hearing. Mr Sharpe stated that he was admitting the breach, that he understood that this was a relatively serious breach of the Rules, and that he did not require any assistance.
Rule 868(2) states that 'Every horseman shall take all reasonable and permissable measures at all times during the race to ensure that his horse is given full opportunity to win the race or to obtain the best possible position and/or finishing place'.
Using the available video films Mr Muirhead identified the horse PRIME LUSTRE, driven by Mr Sharpe. Near the 300m mark, the horse was 3 back on the marker pegs behind CHRISSIE JET (Mr S Butcher ). Mr Muirhead demonstrated that as the horses entered the final straight, Mr Sharpe had momentarily come off Mr Butchers back, however then moved back behind and stayed on CHRISSIE JETS back as it moved away from the passing lane.
Mr Mulcay then added that it was the Stewards concern that for approximately 100 metres in the home run there was a run available for PRIME LUSTRE if Mr Sharpe had moved the horse inwards. He eventually had done so for the final 100m or so and Mr Mulcay stated that the horse had appeared to be travelling well and had finished in 4th place, about 3/4 length from the 3rd horse. Mr Mulcay added that the Stewards were not saying that PRIME LUSTRE would have finished in a better position than it did, however they were concerned that Mr Sharpe had not given the horse full opportunity to do so.
Mr Sharpe stated that he had admitted the breach, although he added that he did not believe his horse would have finished any closer if he had moved inwards to a clear run earlier than he did. He said the horse was 'battling' at the finish of the race. He said that the horses in front of him at the finish were 'walking' and gave the impression that his horse was finishing better than it actually was.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Sharpe has admitted this breach and we therefore find the charge proved.
sumissionsforpenalty:
Mr Mulcay referred to the JCA Penalty Guide, which provides a starting point of a 15 drive suspension or a $750 fine for a breach of this Rule. He stated that Mr Sharpe had admitted the breach, and that he had not previously been before the JCA. Mr Mulcay said the Stewards believed that this breach should be dealt with by way of a suspension of Mr Sharps driving licence, adding that it not the worst case he had seen, however it was at a critical stage of the race.
Mr Sharpe confirmed to the Committee that he owned and trained the horse PRIME LUSTRE. He said he mostly only drove that horse in races. He said he had employment outside racing.
reasonsforpenalty:
The Committee confirmed that the JCA Penalty Guide starting point for a breach of this Rule was a $750 fine or a 15 drive suspension. We take into account Mr Sharpe's admission of the breach, and that he is a relatively inexperienced driver who has not previously breached any Rule. However, against that we believe that it is imperative that drivers give their horse every opportunity to finish in the best position they can. Breaches of this Rule, especially when they occur at the finish of races, have to be viewed seriously. We considered this breach fell into the mid-range on the scale of seriousness.
The Committee felt that a suspension of Mr Sharpe's driving licence was inevitable. Since he principally drives only his own horse, the length of a suspension became an issue. We felt the best way to deal with this was to suspend Mr Sharpe for a time period, rather than by the number of drives he may be able to have.
penalty:
The Committee therefore suspended Mr Sharpes driving licence from after racing that evening until after racing on 19 October 2017, a period of 4 months.
hearing_type: Hearing
Rules: Rule 868(2)
Informant: Mr S Mulcay - Senior Stipendiary Steward
JockeysandTrainer: Mr C Sharpe - Amateur Driver
Otherperson: Mr J Muirhead - Senior Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 9be44599d9e607f04bded30cc38f0f77
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race_emailed1: 0
race_emailed2: 0
race_title: R 2
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meetdate: 16/06/2017
meet_title: Harness Racing Waikato - 16 June 2017
meet_expappcomment:
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tracklocation: harness-racing-waikato
meet_racingtype: harness-racing
meet_chair: AGodsalve
meet_pm1: NMcCutcheon
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name: Harness Racing Waikato