Invercargill HRC 3 June 2012 – R 4
ID: JCA14185
Meet Title:
Invercargill HRC - 3 June 2012
Meet Chair:
JPhelan
Meet Committee Member 1:
ADennis
Race Date:
2012/06/03
Race Number:
R 4
Decision:
The charge was found to be proved.
Penalty:
Mr Gerken was fined the sum of $150-00.
Charge:
Alleged breach of Rule 867.
Facts:
Following the running of Race 4, the McKnight & Brown Discretionary Handicap Trot, an Information was filed by Stipendiary Steward Mr C. A. Allison against Graduation Horseman Mr C. P. Gerken alleging a breach of Rule 867 in that he dropped his foot from the sulky rest.
The charge reads as follows:
“I the above named informant allege that the above named Respondent committed a breach of Rule 867 (in that) C. P. Gerken (John Henry Galleon) dropped his foot from the sulky from inside the 400 metres”.
Rule 867 reads as follows:
Every horseman shall drive throughout the race with both feet in the rests of the sulky provided for that purpose.”
Mr Gerken had indicated on the Information that this breach of the Rules was admitted and he confirmed this at the hearing. Mr Gerken also agreed that he understood the charge and the Rule it was brought under.
Submissions for Decision:
Mr Allison gave evidence and used video coverage to show that inside the 400 metre mark Mr Gerken had dropped his leg from the sulky rest for a distance estimated to be in excess of 200 metres.
Mr Gerken did not dispute this evidence. He said that the sulky rests needed to be adjusted to suit his stature, but this could not be done before the race. Mr Allison disputed this explanation.
Reasons for Decision:
As Mr Gerken had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Submissions for Penalty:
In relation to penalty Mr Allison advised it should be taken into account that Mr Gerken had admitted the breach, and also that this was only his 8th drive for the season. On the other hand Mr Gerken had previously breached this Rule on 11 November 2011 when he was fined the sum of $100-00. Mr Allison submitted that a fine of $150-00 should be imposed.
Mr Gerken had no submissions to make with regard to penalty.
Reasons for Penalty:
In considering the matter of an appropriate penalty we took into account that Mr Gerken had admitted the breach, but also that he had previously breached this Rule. The Penalty Guide recommends a fine of $100-00 as a starting point for a breach of this Rule, and because of the previous breach we were satisfied that a fine of $150-00 was appropriate in this case.
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: a5aebfe733c04fb24eb1005d7258e447
informantnumber: A5999
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 24/05/2012
hearing_title: Invercargill HRC 3 June 2012 - R 4
charge:
Alleged breach of Rule 867.
facts:
Following the running of Race 4, the McKnight & Brown Discretionary Handicap Trot, an Information was filed by Stipendiary Steward Mr C. A. Allison against Graduation Horseman Mr C. P. Gerken alleging a breach of Rule 867 in that he dropped his foot from the sulky rest.
The charge reads as follows:
“I the above named informant allege that the above named Respondent committed a breach of Rule 867 (in that) C. P. Gerken (John Henry Galleon) dropped his foot from the sulky from inside the 400 metres”.
Rule 867 reads as follows:
Every horseman shall drive throughout the race with both feet in the rests of the sulky provided for that purpose.”
Mr Gerken had indicated on the Information that this breach of the Rules was admitted and he confirmed this at the hearing. Mr Gerken also agreed that he understood the charge and the Rule it was brought under.
appealdecision:
isappeal:
submissionsfordecision:
Mr Allison gave evidence and used video coverage to show that inside the 400 metre mark Mr Gerken had dropped his leg from the sulky rest for a distance estimated to be in excess of 200 metres.
Mr Gerken did not dispute this evidence. He said that the sulky rests needed to be adjusted to suit his stature, but this could not be done before the race. Mr Allison disputed this explanation.
reasonsfordecision:
As Mr Gerken had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Decision:
The charge was found to be proved.
sumissionsforpenalty:
In relation to penalty Mr Allison advised it should be taken into account that Mr Gerken had admitted the breach, and also that this was only his 8th drive for the season. On the other hand Mr Gerken had previously breached this Rule on 11 November 2011 when he was fined the sum of $100-00. Mr Allison submitted that a fine of $150-00 should be imposed.
Mr Gerken had no submissions to make with regard to penalty.
reasonsforpenalty:
In considering the matter of an appropriate penalty we took into account that Mr Gerken had admitted the breach, but also that he had previously breached this Rule. The Penalty Guide recommends a fine of $100-00 as a starting point for a breach of this Rule, and because of the previous breach we were satisfied that a fine of $150-00 was appropriate in this case.
penalty:
Mr Gerken was fined the sum of $150-00.
hearing_type: Hearing
Rules: 867
Informant: Mr C A Allison - Stipendiary Steward
JockeysandTrainer: Mr C P Gerken - Graduation Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: fb892f40374764db7d6e9eec132e8bae
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 7b68f842f49bc197d19f68dc71447fab
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 03/06/2012
meet_title: Invercargill HRC - 3 June 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: invercargill-hrc
meet_racingtype: harness-racing
meet_chair: JPhelan
meet_pm1: ADennis
meet_pm2: none
name: Invercargill HRC