HR Waikato 21 October 2016 – R 5 – Chair, Mr A Godsalve
ID: JCA16255
Meet Title:
Harness Racing Waikato - 21 October 2016
Meet Chair:
AGodsalve
Meet Committee Member 1:
ADooley
Race Date:
2016/10/21
Race Number:
R 5
Decision:
As Mr Argue has admitted this breach we find the charge proved.
Penalty:
We therefore suspend Mr Argues driving license from after racing at Alexandra Park on 28 October until after racing at Palmerston North on 5th November 2016, a 3 day penalty.
We grant Mr Argue a deferment of his penalty to allow him to drive at Cambridge on 27 October and Alexandra Park on 28 October 2016.
Facts:
Following the running of Race 5, the FURNWARE INDUSTRIES BODYFURN MOBILE TROT, an Information was presented by Mr Mulcay alleging that Junior Driver, Mr R Argue failed to comply with the Track Marker Regulations by allowing the mare PRECIOUS MOMENT to contact track markers and race inside the marker line in excess of 100 metres.
This incident had been the subject of an earlier Protest hearing when PRECIOUS MOMENT had been disqualified from 1st placing in the race.
Mr R Argue, assisted by Mr S Argue, was present at the hearing and acknowledged that he understood the Rules and Regulations and that he admitted the breach.
Rule 869(7A) provides that 'Every horseman who moves inwards shall ensure (a) that contact is not made with any track marker, and (b) that any part of the sulky does not protrude inside the marker line'.
The Track Marker Regulations refer to placing and positioning of Track Markers, the relevant sub-Regulation is:
(7) If a horse shifts inside the running line of the Track Markers, the driver of such horse shall restrain it and regain its position on the outside of the running line at the first vacant position, without causing interference to other runners. The driver of any horse who in the opinion of the Stipendiary Stewards fails to take this required corrective action, may be considered to be in breach of Rule 869(3)(f).
Using the available films Mr Mulcay demonstrated that as PRECIOUS MOMENT entered the home straight in second place, Mr Argue had angled inwards towards the passing lane. From there until the finish, the horse had contacted several markers, and had raced with its sulky wheel inside a number of marker pegs. Mr Mulcay said the Stewards estimated that the horse had run at least 100 metres with a wheel inside marker pegs. Mr Mulcay added that Mr Argue was therefore in breach of the Rule and Regulations which formed the basis of this charge.
Mr R Argue said that it was obvious from the films that he had breached the Rules.
Submissions for Penalty:
Mr Mulcay stated that when considering a charge in this matter the Stewards had initially considered that Mr Argue should be charged with Improper driving. However, given the likely penalty involved, Mr Mulcay said that a charge under a lesser Rule was considered appropriate.
He produced Mr Argue's driving record which showed no prior breaches of this Rule. The Stewards believed that the fact that a disqualification from 1st placing was a major aggravating feature in this matter. Mr Mulcay said that Mr Argue has had 35 drives so far this season, and added that the Stewards submitted that a period of suspension would be an appropriate penalty in this matter. He made reference to the JCA Penalty Guide which calls for starting points of a 2 drive suspension or a fine of $100; or a 4 drive suspension or a fine of $200 for breaches of the Rules in question.
Mr S Argue asked the Committee to consider that the ranks of Junior Drivers in the North Island were quite thin and said that he thought a suspension would be a harsh penalty. He asked that the Committee consider imposing a fine instead.
Mr R Argue asked that the Committee consider a 7 day deferment until after 28th October if a suspension was to be imposed. He added that he had driven at Palmerston North in the past and intended doing so again at the upcoming meetings.
Reasons for Penalty:
The Committee took into account the submissions of the parties. It is clear that the disqualification referred to is an aggravating feature. We accept that Mr Argue has admitted this breach, and that he has not previously breached this Rule. However his actions in driving inside marker pegs for such a distance, and being disqualified from 1st place, clearly suggest that a fine would not be an appropriate penalty. The JCA starting points for these Rules both have suspensions as an option along with fines as pointed out above.
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: d0180d2e2332bc76df293787b77fe7c2
informantnumber: A3741
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Racing inside Track Markers
plea: admitted
penaltyrequired: 1
decisiondate: 22/10/2016
hearing_title: HR Waikato 21 October 2016 - R 5 - Chair, Mr A Godsalve
charge:
facts:
Following the running of Race 5, the FURNWARE INDUSTRIES BODYFURN MOBILE TROT, an Information was presented by Mr Mulcay alleging that Junior Driver, Mr R Argue failed to comply with the Track Marker Regulations by allowing the mare PRECIOUS MOMENT to contact track markers and race inside the marker line in excess of 100 metres.
This incident had been the subject of an earlier Protest hearing when PRECIOUS MOMENT had been disqualified from 1st placing in the race.
Mr R Argue, assisted by Mr S Argue, was present at the hearing and acknowledged that he understood the Rules and Regulations and that he admitted the breach.
Rule 869(7A) provides that 'Every horseman who moves inwards shall ensure (a) that contact is not made with any track marker, and (b) that any part of the sulky does not protrude inside the marker line'.
The Track Marker Regulations refer to placing and positioning of Track Markers, the relevant sub-Regulation is:
(7) If a horse shifts inside the running line of the Track Markers, the driver of such horse shall restrain it and regain its position on the outside of the running line at the first vacant position, without causing interference to other runners. The driver of any horse who in the opinion of the Stipendiary Stewards fails to take this required corrective action, may be considered to be in breach of Rule 869(3)(f).
Using the available films Mr Mulcay demonstrated that as PRECIOUS MOMENT entered the home straight in second place, Mr Argue had angled inwards towards the passing lane. From there until the finish, the horse had contacted several markers, and had raced with its sulky wheel inside a number of marker pegs. Mr Mulcay said the Stewards estimated that the horse had run at least 100 metres with a wheel inside marker pegs. Mr Mulcay added that Mr Argue was therefore in breach of the Rule and Regulations which formed the basis of this charge.
Mr R Argue said that it was obvious from the films that he had breached the Rules.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Argue has admitted this breach we find the charge proved.
sumissionsforpenalty:
Mr Mulcay stated that when considering a charge in this matter the Stewards had initially considered that Mr Argue should be charged with Improper driving. However, given the likely penalty involved, Mr Mulcay said that a charge under a lesser Rule was considered appropriate.
He produced Mr Argue's driving record which showed no prior breaches of this Rule. The Stewards believed that the fact that a disqualification from 1st placing was a major aggravating feature in this matter. Mr Mulcay said that Mr Argue has had 35 drives so far this season, and added that the Stewards submitted that a period of suspension would be an appropriate penalty in this matter. He made reference to the JCA Penalty Guide which calls for starting points of a 2 drive suspension or a fine of $100; or a 4 drive suspension or a fine of $200 for breaches of the Rules in question.
Mr S Argue asked the Committee to consider that the ranks of Junior Drivers in the North Island were quite thin and said that he thought a suspension would be a harsh penalty. He asked that the Committee consider imposing a fine instead.
Mr R Argue asked that the Committee consider a 7 day deferment until after 28th October if a suspension was to be imposed. He added that he had driven at Palmerston North in the past and intended doing so again at the upcoming meetings.
reasonsforpenalty:
The Committee took into account the submissions of the parties. It is clear that the disqualification referred to is an aggravating feature. We accept that Mr Argue has admitted this breach, and that he has not previously breached this Rule. However his actions in driving inside marker pegs for such a distance, and being disqualified from 1st place, clearly suggest that a fine would not be an appropriate penalty. The JCA starting points for these Rules both have suspensions as an option along with fines as pointed out above.
penalty:
We therefore suspend Mr Argues driving license from after racing at Alexandra Park on 28 October until after racing at Palmerston North on 5th November 2016, a 3 day penalty.
We grant Mr Argue a deferment of his penalty to allow him to drive at Cambridge on 27 October and Alexandra Park on 28 October 2016.
hearing_type: Hearing
Rules: Rule 869(7A)(a) & (b), and Track Marker Regulations
Informant: Mr S Mulcay - Stipendiary Steward
JockeysandTrainer: Mr R Argue - Junior Driver
Otherperson: Mr S Argue - Trianer of PRECIOUS MOMENT assisting Mr R Argue
PersonPresent:
Respondent:
StipendSteward:
raceid: 808d69b408c0afb78b28668233be0365
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 75a9dddf61f2a8ab047742d8a9e07cd5
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 21/10/2016
meet_title: Harness Racing Waikato - 21 October 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: harness-racing-waikato
meet_racingtype: harness-racing
meet_chair: AGodsalve
meet_pm1: ADooley
meet_pm2: none
name: Harness Racing Waikato