Archive Decision

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HR Waikato 31 May 2016 – R 8 – Chair, Mr A Dooley

ID: JCA11984

Applicant:
Mr J Muirhead - Stipendiary Steward

Respondent(s):
Mrs M Teaz - Junior Horsewoman

Information Number:
A3730

Hearing Type:
Hearing

New Charge:
Started from incorrect position

Rules:
857(7) (e)and or (g)

Plea:
admitted

Meet Title:
Harness Racing Waikato - 31 May 2016

Meet Chair:
ADooley

Race Date:
2016/05/31

Race Number:
R8

Decision:

As Mrs Teaz admitted the breach the Committee find the charge proved.

Penalty:

Accordingly, Mrs Teaz is fined the sum of $200.

Facts:

Following the running of Race 8, Novotel Function June 3 Junior Drivers Mobile Pace, an Information pursuant to Rule 857(7) (e) and or (g) was filed by Stipendiary Steward, Mr J Muirhead. He alleged that, Junior Driver, Mrs Teaz, failed to maintain her barrier position prior to the start and/or crossed over prior to reaching the starting point.

Mrs Teaz acknowledged that she understood the Rule and admitted the breach. Mrs Teaz told the Committee that she did not require any assistance at the hearing.

Rule 857 provides as follows:
(7) No horseman shall:-
(e) cross over before reaching the starting point.
(g) fail to come up into and/or maintain his position;

Mr Muirhead showed head-on and side-on video replays of the start of the race, a 1 mile mobile start event. He pointed out that, during the score up, IDEALISTIC was in its correct barrier position of 7 on the front row. However, he said that Mrs Teaz made an error of judgement when allowing her horse to shift in and cross over before reaching the starting point.

Mrs Teaz acknowledged after viewing the video films that she permitted her horse to drift in too early. She conceded this occurred before reaching the starting point.

Submissions for Penalty:

Mr Muirhead submitted that Mrs Teaz had a clear record under this Rule and she should be given credit for her admission of the breach. He referred to the JCA Penalty Guide which recommends a fine of $250 or a suspension of 5 drives for Rule 857(7) (g). He also made reference to when a driver comes into the mobile gate out of position which recommends a $400 fine or a suspension of 8 drives.

Mrs Teaz submitted that a light penalty would be appropriate given her clear record.

Reasons for Penalty:

The Committee carefully considered all of the evidence and submissions presented. The mitigating factors are Mrs Teaz admission of the breach and her clear record under this rule for which she has been given credit. The video footage clearly showed that Mrs Teaz permitted her drive to cross over prior to reaching the starting point. The Committee notes that previous penalties imposed under these Rules have ranged from $150 to $250. After having regard for the JCA starting points and the circumstances of this case the Committee consider an appropriate penalty is a $200 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: 33e1f2f6cfa5af7be2a12341f1cebf4b


informantnumber: A3730


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Started from incorrect position


plea: admitted


penaltyrequired: 1


decisiondate: 01/06/2016


hearing_title: HR Waikato 31 May 2016 - R 8 - Chair, Mr A Dooley


charge:


facts:

Following the running of Race 8, Novotel Function June 3 Junior Drivers Mobile Pace, an Information pursuant to Rule 857(7) (e) and or (g) was filed by Stipendiary Steward, Mr J Muirhead. He alleged that, Junior Driver, Mrs Teaz, failed to maintain her barrier position prior to the start and/or crossed over prior to reaching the starting point.

Mrs Teaz acknowledged that she understood the Rule and admitted the breach. Mrs Teaz told the Committee that she did not require any assistance at the hearing.

Rule 857 provides as follows:
(7) No horseman shall:-
(e) cross over before reaching the starting point.
(g) fail to come up into and/or maintain his position;

Mr Muirhead showed head-on and side-on video replays of the start of the race, a 1 mile mobile start event. He pointed out that, during the score up, IDEALISTIC was in its correct barrier position of 7 on the front row. However, he said that Mrs Teaz made an error of judgement when allowing her horse to shift in and cross over before reaching the starting point.

Mrs Teaz acknowledged after viewing the video films that she permitted her horse to drift in too early. She conceded this occurred before reaching the starting point.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mrs Teaz admitted the breach the Committee find the charge proved.


sumissionsforpenalty:

Mr Muirhead submitted that Mrs Teaz had a clear record under this Rule and she should be given credit for her admission of the breach. He referred to the JCA Penalty Guide which recommends a fine of $250 or a suspension of 5 drives for Rule 857(7) (g). He also made reference to when a driver comes into the mobile gate out of position which recommends a $400 fine or a suspension of 8 drives.

Mrs Teaz submitted that a light penalty would be appropriate given her clear record.


reasonsforpenalty:

The Committee carefully considered all of the evidence and submissions presented. The mitigating factors are Mrs Teaz admission of the breach and her clear record under this rule for which she has been given credit. The video footage clearly showed that Mrs Teaz permitted her drive to cross over prior to reaching the starting point. The Committee notes that previous penalties imposed under these Rules have ranged from $150 to $250. After having regard for the JCA starting points and the circumstances of this case the Committee consider an appropriate penalty is a $200 fine.


penalty:

Accordingly, Mrs Teaz is fined the sum of $200.


hearing_type: Hearing


Rules: 857(7) (e)and or (g)


Informant: Mr J Muirhead - Stipendiary Steward


JockeysandTrainer: Mrs M Teaz - Junior Horsewoman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: b416d8d2bb6a6f35e87d76df39bc7b5b


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R8


submittochair:


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meetid: 7cdec5fb8c6323e8f84791574acb0b62


meet_expapproval:


meet_noreport: 0


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meet_emailed2: 0


meetdate: 31/05/2016


meet_title: Harness Racing Waikato - 31 May 2016


meet_expappcomment:


meet_km:


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tracklocation: harness-racing-waikato


meet_racingtype: harness-racing


meet_chair: ADooley


meet_pm1: none


meet_pm2: none


name: Harness Racing Waikato