Manawatu HRC 23 May 2017 – R 7 – Chair, Mr T Utikere
ID: JCA14612
Meet Title:
Manawatu HRC - 23 May 2017
Meet Chair:
TUtikere
Race Date:
2017/05/23
Race Number:
R1
Decision:
As the charge was admitted, the committee find the charge proved.
Penalty:
Mr Argue is fined $250.
Facts:
Following the running of Race 7 (NEW CENTRAL HOTEL WOODVILLE MOBILE PACE 2500m) Information A3794 was filed with the Judicial Committee. It alleged a breach of Rule 857(7)(d) and stated: "Driver R Argue initially brought his drive CUT THE CARDS to the starting gate out of position, being barrier 11, causing MEGATRON to be disadvantaged."
Rule 857(7) states: "No horseman shall:- ...(d) come to the starting gate out of position;".
Mr Argue, assisted by Mr Marshall, confirmed that he understood the rule and that he admitted the breach.
Mr Muirhead used all relevant films to identify the position of horses leading up to the point of dispatch. CUT THE CARDS (R Argue) had drawn position 11, and MEGATRON (B Towers) had drawn position 12. This meant that MEGATRON was to be the widest runner on the second row. Mr Muirhead said that Mr Towers had intended to follow the 5 on the first line to get into his 12 starting position. Mr Argue was observed to have improved to the outside of Mr Towers, when he should have been to Mr Towers' inside. As a result, Mr Towers had eased back to allow Mr Argue to cross him and get into his correct position; this disadvantaged MEGATRON as it wasn't in its correct position at the point of dispatch. Mr Muirhead identified that the Starter had decided that they were roughly in the correct position and decided to effect the start. Mr Muirhead described it as an error of judgement by Mr Argue.
Mr Argue stated that he thought he drew 13. But he soon realised there were only 12 runners in the race. He had nothing further to say.
Submissions for Penalty:
Mr Muirhead identified the JCA Starting Point for a breach of this rule as a $400 fine or an 8 drive suspension. He submitted that Mr Argue had been upfront and frank with the stewards' investigation and that he had admitted the breach for which he should be given credit. He also identified a previous breach of a similar nature on 26 August 2016 at Auckland, for being in an incorrect position for which he was fined $200. It was clarified that that breach was for a standing start.
Mr Argue confirmed that it was a simple error of judgement. He stated that a fine would be preferable as Junior Championships were coming up and there were a couple of races left before the 13 June cut-off; so a period of suspension would prove difficult for him. He advised that this was his first full reason of racing after returning from a three year break.
Mr Marshall noted that every horse was in its correct position except for MEGATRON which was two lengths back. He also believed that as the starter did not call a false start, things were not as bad as they could have been. Mr Marshall submitted that the Manawatu track was not a wide one, so the horses did not walk around in number order, so this could often cause some confusion.
Reasons for Penalty:
The Judicial Committee considered all of the submissions placed before it. It is clear that this incident had arisen due to an error of judgement on Mr Argue's part. It was his responsibility to ensure that he was in the correct position. Racing at Manawatu Raceway is seasonal, but racing does ocurr with some regularity outside of the winter months. If the width of the Manawatu track means that horses cannot parade in number order, more care needs to be taken on the part of drivers in the score-up. Mr Towers displayed courtesy in easing back to allow Mr Argue to cross, when he did not need to do so; Mr Towers has ultimately suffered as a result of his kindness. Mr Muirhead correctly identified the JCA Penalty Guidelines Starting Point of a $400 fine or an 8 drive suspension. Mr Argue has identified that a suspension would limit his opportuntiies around up-coming Junior Championships. I have determined that a fine is appropriate and adopt the $400 starting point. In mitigation I have applied Mr Argue's co-operation and admission of the breach. I also note that Mr Argue has a previous breach, and while that relates to a standing start some 10 months ago, it nonetheless is a result of Mr Argue not being in his correct position at the start of the race, irrespective of it being a standing or mobile start.
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: 9a18b0665947254b5adc7437e64709be
informantnumber: A3794
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Failed to come into correct position
plea: admitted
penaltyrequired: 1
decisiondate: 25/05/2017
hearing_title: Manawatu HRC 23 May 2017 - R 7 - Chair, Mr T Utikere
charge:
facts:
Following the running of Race 7 (NEW CENTRAL HOTEL WOODVILLE MOBILE PACE 2500m) Information A3794 was filed with the Judicial Committee. It alleged a breach of Rule 857(7)(d) and stated: "Driver R Argue initially brought his drive CUT THE CARDS to the starting gate out of position, being barrier 11, causing MEGATRON to be disadvantaged."
Rule 857(7) states: "No horseman shall:- ...(d) come to the starting gate out of position;".
Mr Argue, assisted by Mr Marshall, confirmed that he understood the rule and that he admitted the breach.
Mr Muirhead used all relevant films to identify the position of horses leading up to the point of dispatch. CUT THE CARDS (R Argue) had drawn position 11, and MEGATRON (B Towers) had drawn position 12. This meant that MEGATRON was to be the widest runner on the second row. Mr Muirhead said that Mr Towers had intended to follow the 5 on the first line to get into his 12 starting position. Mr Argue was observed to have improved to the outside of Mr Towers, when he should have been to Mr Towers' inside. As a result, Mr Towers had eased back to allow Mr Argue to cross him and get into his correct position; this disadvantaged MEGATRON as it wasn't in its correct position at the point of dispatch. Mr Muirhead identified that the Starter had decided that they were roughly in the correct position and decided to effect the start. Mr Muirhead described it as an error of judgement by Mr Argue.
Mr Argue stated that he thought he drew 13. But he soon realised there were only 12 runners in the race. He had nothing further to say.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the charge was admitted, the committee find the charge proved.
sumissionsforpenalty:
Mr Muirhead identified the JCA Starting Point for a breach of this rule as a $400 fine or an 8 drive suspension. He submitted that Mr Argue had been upfront and frank with the stewards' investigation and that he had admitted the breach for which he should be given credit. He also identified a previous breach of a similar nature on 26 August 2016 at Auckland, for being in an incorrect position for which he was fined $200. It was clarified that that breach was for a standing start.
Mr Argue confirmed that it was a simple error of judgement. He stated that a fine would be preferable as Junior Championships were coming up and there were a couple of races left before the 13 June cut-off; so a period of suspension would prove difficult for him. He advised that this was his first full reason of racing after returning from a three year break.
Mr Marshall noted that every horse was in its correct position except for MEGATRON which was two lengths back. He also believed that as the starter did not call a false start, things were not as bad as they could have been. Mr Marshall submitted that the Manawatu track was not a wide one, so the horses did not walk around in number order, so this could often cause some confusion.
reasonsforpenalty:
The Judicial Committee considered all of the submissions placed before it. It is clear that this incident had arisen due to an error of judgement on Mr Argue's part. It was his responsibility to ensure that he was in the correct position. Racing at Manawatu Raceway is seasonal, but racing does ocurr with some regularity outside of the winter months. If the width of the Manawatu track means that horses cannot parade in number order, more care needs to be taken on the part of drivers in the score-up. Mr Towers displayed courtesy in easing back to allow Mr Argue to cross, when he did not need to do so; Mr Towers has ultimately suffered as a result of his kindness. Mr Muirhead correctly identified the JCA Penalty Guidelines Starting Point of a $400 fine or an 8 drive suspension. Mr Argue has identified that a suspension would limit his opportuntiies around up-coming Junior Championships. I have determined that a fine is appropriate and adopt the $400 starting point. In mitigation I have applied Mr Argue's co-operation and admission of the breach. I also note that Mr Argue has a previous breach, and while that relates to a standing start some 10 months ago, it nonetheless is a result of Mr Argue not being in his correct position at the start of the race, irrespective of it being a standing or mobile start.
penalty:
Mr Argue is fined $250.
hearing_type: Hearing
Rules: Rule 857(7)(d)
Informant: Mr J M Muirhead - Stipendiary Steward
JockeysandTrainer: Mr R Argue - Junior Driver
Otherperson: Mr K Marshall - Senior Horseman assisting Mr Argue
PersonPresent:
Respondent:
StipendSteward:
raceid: bed541e405823a2acd2807b684eadcef
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 5932eb15c22b75f2166eb16261dc0064
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 23/05/2017
meet_title: Manawatu HRC - 23 May 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: manawatu-hrc
meet_racingtype: harness-racing
meet_chair: TUtikere
meet_pm1: none
meet_pm2: none
name: Manawatu HRC