HR Waikato 20 March 2014 – R 10
ID: JCA15771
Meet Title:
Harness Racing Waikato - 20 March 2014
Meet Chair:
AGodsalve
Meet Committee Member 1:
BScott
Race Date:
2014/03/20
Race Number:
R10
Decision:
As the breach was admitted we find the charge proved.
Penalty:
Accordingly we impose a fine of $200 on Mr Nigro.
Facts:
Following the running of Race 10, DUNSTAN FEEDS AMATEUR DRIVERS MOBILE PACE, an Information was lodged by Stipendiary Steward, Mr J Muirhead alleging that Amateur Driver, Mr J Nigro had breached Rule 857(7)(a) in that he failed to correct KATE CATERINA'S action when it galloped in the score up, thus causing a false start.
Mr Nigro was present at the hearing. He initially denied the breach, however then amended the Information to show that he admitted the breach 'with mitigating circumstances'.
Rule 857(7)(a) states " No horseman shall delay the start"
Mr Muirhead identified the horse KATE CATERINA on the available video film. He pointed out that the horse had gone into a gallop when the mobile arms had started moving. He stated that instead of restraining his horse, Mr Nigro had let the horse have it's head and it continued galloping up to the arms of the Mobile Barrier which resulted in the starter declaring a false start. He added that it was clear that the horse had gone off stride and galloped for at least 300 metres and had impeded the progress of the horse behind it on the second line when it got up to the arms of the mobile. Mr Muirhead said that in his opinion it appeared that Mr Nigro continued to let the horse roll forward in the hope that it would regain it's gait instead of restraining it as he was required to do. He added that in the re-run of the start KATE CATERINA had again galloped and took no part in the race.
Mr Nigro told the Committee that he had previously driven KATE CATERINA in races. He said that the horse had a habit of galloping early in its races but usually went back to a pace quickly when restrained. He said he had tried to restrain her in this instance but the horse was bolting and racing very fiercely and got worse as she got near the starting gate. He added that the fact that there was some different gear on the horse had probably added to the problem as the horse had done the opposite to what it usually did after it galloped.
Mr Grant, the trainer of KATE CATERINA, told the Committee he had changed some of the gear on the horse. He had put a galloping hood on and had removed the removable ear plugs. He acknowledged that he had gone 'from one extreme to another' as it appeared to him that the horse had panicked when it couldn't see any other horses. He said this incident was probably more his fault than anyone elses as the horse was not 'focusing' and Mr Nigro could not restrain it.
Submissions for Penalty:
Mr Muirhead submitted that the JCA Penalty Guide showed a starting point of a 6 drive suspension or a $300 fine. He acknowledged that there were mitigating circumstances as outlined by Mr Grant, however he said the Stipendiary Stewards felt Mr Nigro should have done better. He said that KATE CATERINA had galloped for between 300-400 metres and that Mr Nigro had ample time to make more effort to restrain it before it reached the starting position. Mr Muirhead submitted that the Stipendiary Stewards felt a fine of $200 would be appropriate in this case.
Mr Nigro had no comment to make regarding a likely penalty.
Reasons for Penalty:
The Committee viewed the films a number of times. It was clear that Mr Nigro, while making some attempt to restrain KATE CATERINA, could have tried harder. He is a relatively experienced Amateur Driver and it was not that apparent on the films that he was trying as hard as he could to do what was required of him under these circumstances and take the horse out of the race until it regained its gait.
The Committee takes into account that Mr Nigro has admitted the breach, and we accept that there were mitigating circumstances relating to the change of head gear on the horse as stated by Mr Grant.
The starting point as per the JCA Guidelines is a $300 fine or a 6 drive suspension. Taking all of the above into consideration, we consider a fine of $200 would be appropriate in this matter.
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: cdfd3adbb8c1a8086d09016a08107d44
informantnumber: A3971
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Delaying the start
plea: admitted
penaltyrequired: 1
decisiondate: 21/03/2014
hearing_title: HR Waikato 20 March 2014 - R 10
charge:
facts:
Following the running of Race 10, DUNSTAN FEEDS AMATEUR DRIVERS MOBILE PACE, an Information was lodged by Stipendiary Steward, Mr J Muirhead alleging that Amateur Driver, Mr J Nigro had breached Rule 857(7)(a) in that he failed to correct KATE CATERINA'S action when it galloped in the score up, thus causing a false start.
Mr Nigro was present at the hearing. He initially denied the breach, however then amended the Information to show that he admitted the breach 'with mitigating circumstances'.
Rule 857(7)(a) states " No horseman shall delay the start"
Mr Muirhead identified the horse KATE CATERINA on the available video film. He pointed out that the horse had gone into a gallop when the mobile arms had started moving. He stated that instead of restraining his horse, Mr Nigro had let the horse have it's head and it continued galloping up to the arms of the Mobile Barrier which resulted in the starter declaring a false start. He added that it was clear that the horse had gone off stride and galloped for at least 300 metres and had impeded the progress of the horse behind it on the second line when it got up to the arms of the mobile. Mr Muirhead said that in his opinion it appeared that Mr Nigro continued to let the horse roll forward in the hope that it would regain it's gait instead of restraining it as he was required to do. He added that in the re-run of the start KATE CATERINA had again galloped and took no part in the race.
Mr Nigro told the Committee that he had previously driven KATE CATERINA in races. He said that the horse had a habit of galloping early in its races but usually went back to a pace quickly when restrained. He said he had tried to restrain her in this instance but the horse was bolting and racing very fiercely and got worse as she got near the starting gate. He added that the fact that there was some different gear on the horse had probably added to the problem as the horse had done the opposite to what it usually did after it galloped.
Mr Grant, the trainer of KATE CATERINA, told the Committee he had changed some of the gear on the horse. He had put a galloping hood on and had removed the removable ear plugs. He acknowledged that he had gone 'from one extreme to another' as it appeared to him that the horse had panicked when it couldn't see any other horses. He said this incident was probably more his fault than anyone elses as the horse was not 'focusing' and Mr Nigro could not restrain it.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the breach was admitted we find the charge proved.
sumissionsforpenalty:
Mr Muirhead submitted that the JCA Penalty Guide showed a starting point of a 6 drive suspension or a $300 fine. He acknowledged that there were mitigating circumstances as outlined by Mr Grant, however he said the Stipendiary Stewards felt Mr Nigro should have done better. He said that KATE CATERINA had galloped for between 300-400 metres and that Mr Nigro had ample time to make more effort to restrain it before it reached the starting position. Mr Muirhead submitted that the Stipendiary Stewards felt a fine of $200 would be appropriate in this case.
Mr Nigro had no comment to make regarding a likely penalty.
reasonsforpenalty:
The Committee viewed the films a number of times. It was clear that Mr Nigro, while making some attempt to restrain KATE CATERINA, could have tried harder. He is a relatively experienced Amateur Driver and it was not that apparent on the films that he was trying as hard as he could to do what was required of him under these circumstances and take the horse out of the race until it regained its gait.
The Committee takes into account that Mr Nigro has admitted the breach, and we accept that there were mitigating circumstances relating to the change of head gear on the horse as stated by Mr Grant.
The starting point as per the JCA Guidelines is a $300 fine or a 6 drive suspension. Taking all of the above into consideration, we consider a fine of $200 would be appropriate in this matter.
penalty:
Accordingly we impose a fine of $200 on Mr Nigro.
hearing_type: Hearing
Rules: Rule 857(7)(a)
Informant: Mr J Muirhead - Stipendiary Steward
JockeysandTrainer: Mr J Nigro - Amateur Driver of KATE CATERINA
Otherperson: Mr A Grant - Trainer of KATE CATERINA
PersonPresent:
Respondent:
StipendSteward:
raceid: 66e99a62224cd37f7040bd45762c51b3
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R10
submittochair:
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race_km:
race_otherexp:
race_chair:
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meetid: a20f11311d0c731ba3befe9ab0ef08e5
meet_expapproval:
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waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 20/03/2014
meet_title: Harness Racing Waikato - 20 March 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: harness-racing-waikato
meet_racingtype: harness-racing
meet_chair: AGodsalve
meet_pm1: BScott
meet_pm2: none
name: Harness Racing Waikato