Kumeu TC – 15 December 2009 –
ID: JCA21139
Hearing Type (Code):
harness-racing
Decision:
KUMEU DISTRICT TROTTING CLUB
--RACEDAY JUDICIAL COMMITTEE DECISIONS
--TUESDAY 15TH DECEMBER 2009
--
JCA PANEL: BJ Scott – Chairman
BJ Rowe – Committee
RACE NO: 2 INFORMATION NO: 67744 RULE NO: 857(7)(j)
----
An Information was lodged by Stipendiary Steward Mr JM Muirhead alleging that Horseman Mr SG Argue the Driver of Zutano by pulling up his horse did trust to chance that a false start would be declared.
--
KUMEU DISTRICT TROTTING CLUB
--RACEDAY JUDICIAL COMMITTEE DECISIONS
--TUESDAY 15TH DECEMBER 2009
--
JCA PANEL: BJ Scott – Chairman
BJ Rowe – Committee
RACE NO: 2 INFORMATION NO: 67744 RULE NO: 857(7)(j)
----
An Information was lodged by Stipendiary Steward Mr JM Muirhead alleging that Horseman Mr SG Argue the Driver of Zutano by pulling up his horse did trust to chance that a false start would be declared.
--Mr Argue did not admit the charge and was present at the Hearing.
--Rule 867(7)(j) and part 7 of the Race Starting Procedures Regulations were read to Mr Argue and he acknowledged that he understood them.
--Rule 857(7)(j) provides:
--“No Horseman shall trust to chance that a false start shall be declared.”
--Mr Muirhead also referred to part 7 of the Race Starting Procedures Regulations. This provides:
--“In the event of a false start, the Starter shall give notification to the Horseman by whistle. The Clerk of the Course shall be in such a position on the track to relay advice of the false start to the Horsemen.”
--Mr Muirhead first called the Starter Mr Colin Courtney and asked him to give evidence about the circumstances of the start. Mr Courtney said there was nothing unusual about the start and that the horses were all lined up and he then let them go. He did acknowledge that Mr Brosnan was having problems with his horse but as far as Mr Courtney was concerned it was a fair start for everyone else.
--Mr Courtney said he definitely did not call a false start and he told this Committee about the steps that he would take if he was to call a false start.
--Mr Courtney also said that he had spoken to the Stipendiary Stewards with his Starter’s Assistants and that none of them had given any indication that there was a false start.
--Mr Argue was then given the opportunity to cross examine Mr Courtney and he asked him what would happen if he blew the whistle and the Drivers had not reacted. Mr Courtney said that his practice is to continue blowing the whistle and he keeps calling out to the Drivers until he can get the message to them.
--Mr Muirhead in giving his evidence said that after the race Mr Argue came up to the Stipendiary Stewards and said that a false start should have been declared. He said that he had heard out on the track that it was a false start.
--Mr Argue believed that his horse and others should have been declared as scratchings. Mr Argue was told that the start was fine and that nothing would happen in relation to scratchings.
--Mr Muirhead then arranged for the films of the race to be shown to the Committee and he showed where Zutano had drawn 7 and that he was then interfered with and his horse paced and subsequently Mr Argue pulled it up.
--Mr Muirhead said that Mr Argue has an obligation under the Rules to continue on in the race and to try to achieve the best possible place.
--Mr Argue asked Mr Muirhead if he would have been disqualified even if he had have finished the race because of the fact that his horse was in a pace for a considerable distance after the start. Mr Muirhead suggested to him that he might not have been because his horse going into a pace was the result of interference from another horse or horses.
--Mr Argue in giving his evidence said that when the tape was released his horse trotted for a few strides and then the horses outside him interfered with his horse and his horse went into a pace. He spent some time trying to get his horse back into its correct gait.
--Mr Argue said that he heard someone call out that it was a false start and he also saw the Clerk of the Course crossing on the inside of the track towards the leaders and he thought that he was going to be telling the leaders that it was a false start.
--Mr Argue told this Committee that when he pulled his horse up he asked Mr Downey if it was a false start and Mr Downey said “I think so”.
--Mr Argue said that he was out of the race anyway and because of his horse’s actions even if he had have finished he would have been disqualified and he thought thank God it is a false start and he will get a second chance.
--In answer to questions from Mr Muirhead, Mr Argue said that he heard a voice from the track saying that it was a false start. He said that the voice was at ground level and he believed that the call was genuine. He also, in answer to Mr Muirhead said that he did not tell other Drivers that it was a false start but rather he heard a call to that effect.
--Mr Argue acknowledged that the call he heard was approximately 150 metres after the start.
--In answer to a question from this Committee, Mr Argue acknowledged that the Clerk of the Course is normally located somewhere between 40-60 metres in front of the start and clearly would have known straight away if there had have been a false start and would have advised the Drivers long before they had travelled 150 metres.
--Mr Argue also acknowledged that he knows the starting procedure and he knows the procedure for a false start and he did not hear from the Starter nor from the Clerk of the Course and was only relying on the fact that he heard someone call from ground level after approximately 150 metres that it was a false start. Mr Argue was aware that there were other horses continuing on in the race.
--In summary Mr Muirhead said that Mr Argue knows the procedure, he was one that was not relying on the Commentator’s comments and that he has an obligation to continue on. There were other horses continuing on and Mr Argue should have done so as well.
--Decision and Reasons
--The Committee has listened to the evidence and viewed the films and noted that Mr Argue’s horse did suffer interference in the early stages and it did go into a pace but that Mr Argue has pulled it up very early on. Mr Argue was not sure that it was a false start and he therefore asked Mr Downey if it was.
--Mr Argue has relied only on the call from one other Driver and from the actions of the Clerk of the Course. The Committee is aware that the Clerk of the Course is positioned some 40-60 metres after the start as was acknowledged by Mr Argue and clearly if there had have been a false start the Clerk of the Course would have notified the Drivers in the field at an early stage. A false start is declared for actions that happen at the start and generally for interference caused by one horse to another and the calling of a false start is a very quick procedure and is not something that happens approximately 150 metres after the start.
--The charge is accordingly proven and the parties are then asked for submissions as to penalty.
--Mr Muirhead referred to the JCA Guidelines which provide for a fine of $250.00 and for his part Mr Argue asked for consistency but also said that because of the impact of a fine on him the Committee should look at a suspension.
--In coming to a decision as to penalty this Committee has assessed all of the evidence presented to it and there is no evidence to support Mr Argue’s contention that he thought it was a false start. The evidence that Mr Argue attempts to rely on happened too long after the start and although this Committee accepts that it was a confusing situation there is an obligation on Mr Argue to be absolutely certain and if not certain then to continue on in the race.
--This Committee in imposing a fine on Mr Argue is conscious of the amount specified in the JCA Guidelines and in this case contemplated a fine greater than that it imposes but having taken into account circumstances in the race and the need for consistency, this Committee imposes a fine of $100.00 on Mr Argue.
--
BJ Scott BJ Rowe
CHAIR Committee Member
67744
Decision Date: 15/12/2009
Publish Date: 15/12/2009
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: 6e8779b774ed3a1245d97b1eeec142d2
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 15/12/2009
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Kumeu TC - 15 December 2009 -
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
KUMEU DISTRICT TROTTING CLUB
--RACEDAY JUDICIAL COMMITTEE DECISIONS
--TUESDAY 15TH DECEMBER 2009
--
JCA PANEL: BJ Scott – Chairman
BJ Rowe – Committee
RACE NO: 2 INFORMATION NO: 67744 RULE NO: 857(7)(j)
----
An Information was lodged by Stipendiary Steward Mr JM Muirhead alleging that Horseman Mr SG Argue the Driver of Zutano by pulling up his horse did trust to chance that a false start would be declared.
--
KUMEU DISTRICT TROTTING CLUB
--RACEDAY JUDICIAL COMMITTEE DECISIONS
--TUESDAY 15TH DECEMBER 2009
--
JCA PANEL: BJ Scott – Chairman
BJ Rowe – Committee
RACE NO: 2 INFORMATION NO: 67744 RULE NO: 857(7)(j)
----
An Information was lodged by Stipendiary Steward Mr JM Muirhead alleging that Horseman Mr SG Argue the Driver of Zutano by pulling up his horse did trust to chance that a false start would be declared.
--Mr Argue did not admit the charge and was present at the Hearing.
--Rule 867(7)(j) and part 7 of the Race Starting Procedures Regulations were read to Mr Argue and he acknowledged that he understood them.
--Rule 857(7)(j) provides:
--“No Horseman shall trust to chance that a false start shall be declared.”
--Mr Muirhead also referred to part 7 of the Race Starting Procedures Regulations. This provides:
--“In the event of a false start, the Starter shall give notification to the Horseman by whistle. The Clerk of the Course shall be in such a position on the track to relay advice of the false start to the Horsemen.”
--Mr Muirhead first called the Starter Mr Colin Courtney and asked him to give evidence about the circumstances of the start. Mr Courtney said there was nothing unusual about the start and that the horses were all lined up and he then let them go. He did acknowledge that Mr Brosnan was having problems with his horse but as far as Mr Courtney was concerned it was a fair start for everyone else.
--Mr Courtney said he definitely did not call a false start and he told this Committee about the steps that he would take if he was to call a false start.
--Mr Courtney also said that he had spoken to the Stipendiary Stewards with his Starter’s Assistants and that none of them had given any indication that there was a false start.
--Mr Argue was then given the opportunity to cross examine Mr Courtney and he asked him what would happen if he blew the whistle and the Drivers had not reacted. Mr Courtney said that his practice is to continue blowing the whistle and he keeps calling out to the Drivers until he can get the message to them.
--Mr Muirhead in giving his evidence said that after the race Mr Argue came up to the Stipendiary Stewards and said that a false start should have been declared. He said that he had heard out on the track that it was a false start.
--Mr Argue believed that his horse and others should have been declared as scratchings. Mr Argue was told that the start was fine and that nothing would happen in relation to scratchings.
--Mr Muirhead then arranged for the films of the race to be shown to the Committee and he showed where Zutano had drawn 7 and that he was then interfered with and his horse paced and subsequently Mr Argue pulled it up.
--Mr Muirhead said that Mr Argue has an obligation under the Rules to continue on in the race and to try to achieve the best possible place.
--Mr Argue asked Mr Muirhead if he would have been disqualified even if he had have finished the race because of the fact that his horse was in a pace for a considerable distance after the start. Mr Muirhead suggested to him that he might not have been because his horse going into a pace was the result of interference from another horse or horses.
--Mr Argue in giving his evidence said that when the tape was released his horse trotted for a few strides and then the horses outside him interfered with his horse and his horse went into a pace. He spent some time trying to get his horse back into its correct gait.
--Mr Argue said that he heard someone call out that it was a false start and he also saw the Clerk of the Course crossing on the inside of the track towards the leaders and he thought that he was going to be telling the leaders that it was a false start.
--Mr Argue told this Committee that when he pulled his horse up he asked Mr Downey if it was a false start and Mr Downey said “I think so”.
--Mr Argue said that he was out of the race anyway and because of his horse’s actions even if he had have finished he would have been disqualified and he thought thank God it is a false start and he will get a second chance.
--In answer to questions from Mr Muirhead, Mr Argue said that he heard a voice from the track saying that it was a false start. He said that the voice was at ground level and he believed that the call was genuine. He also, in answer to Mr Muirhead said that he did not tell other Drivers that it was a false start but rather he heard a call to that effect.
--Mr Argue acknowledged that the call he heard was approximately 150 metres after the start.
--In answer to a question from this Committee, Mr Argue acknowledged that the Clerk of the Course is normally located somewhere between 40-60 metres in front of the start and clearly would have known straight away if there had have been a false start and would have advised the Drivers long before they had travelled 150 metres.
--Mr Argue also acknowledged that he knows the starting procedure and he knows the procedure for a false start and he did not hear from the Starter nor from the Clerk of the Course and was only relying on the fact that he heard someone call from ground level after approximately 150 metres that it was a false start. Mr Argue was aware that there were other horses continuing on in the race.
--In summary Mr Muirhead said that Mr Argue knows the procedure, he was one that was not relying on the Commentator’s comments and that he has an obligation to continue on. There were other horses continuing on and Mr Argue should have done so as well.
--Decision and Reasons
--The Committee has listened to the evidence and viewed the films and noted that Mr Argue’s horse did suffer interference in the early stages and it did go into a pace but that Mr Argue has pulled it up very early on. Mr Argue was not sure that it was a false start and he therefore asked Mr Downey if it was.
--Mr Argue has relied only on the call from one other Driver and from the actions of the Clerk of the Course. The Committee is aware that the Clerk of the Course is positioned some 40-60 metres after the start as was acknowledged by Mr Argue and clearly if there had have been a false start the Clerk of the Course would have notified the Drivers in the field at an early stage. A false start is declared for actions that happen at the start and generally for interference caused by one horse to another and the calling of a false start is a very quick procedure and is not something that happens approximately 150 metres after the start.
--The charge is accordingly proven and the parties are then asked for submissions as to penalty.
--Mr Muirhead referred to the JCA Guidelines which provide for a fine of $250.00 and for his part Mr Argue asked for consistency but also said that because of the impact of a fine on him the Committee should look at a suspension.
--In coming to a decision as to penalty this Committee has assessed all of the evidence presented to it and there is no evidence to support Mr Argue’s contention that he thought it was a false start. The evidence that Mr Argue attempts to rely on happened too long after the start and although this Committee accepts that it was a confusing situation there is an obligation on Mr Argue to be absolutely certain and if not certain then to continue on in the race.
--This Committee in imposing a fine on Mr Argue is conscious of the amount specified in the JCA Guidelines and in this case contemplated a fine greater than that it imposes but having taken into account circumstances in the race and the need for consistency, this Committee imposes a fine of $100.00 on Mr Argue.
--
BJ Scott BJ Rowe
CHAIR Committee Member
67744
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 867.7.j, 857.7.j
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid:
race_expapproval:
racecancelled:
race_noreport:
race_emailed1:
race_emailed2:
race_title:
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid:
meet_expapproval:
meet_noreport:
waitingforpublication:
meet_emailed1:
meet_emailed2:
meetdate: no date provided
meet_title:
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation:
meet_racingtype:
meet_chair:
meet_pm1:
meet_pm2:
name: