Manawatu HRC 31 October 2017 – R 1 – Chair, Mr T Utikere
ID: JCA12347
Meet Title:
Manawatu HRC - 31 October 2017
Meet Chair:
TUtikere
Race Date:
2017/10/31
Race Number:
R1
Decision:
As the breach was admitted, the Committee deem the charge proved.
Penalty:
Mr Burley is fined $600.
Facts:
Following the running of Race 1 (Welcome to Manawatu Raceway New Season Handicap Trot 2500m), Information A2344 was filed with the Judicial Committee alleging a breach of Rule 870(1).
It specifically stated that Mr Burley had: "...failed to immediately take all reasonable steps to return the gelding to its proper gait after it switched to a pace near the 250m".
Mr Burley confirmed that he admitted the breach.
Using the Head-on and Side-on films, Mr Muirhead identified MON ARCHIE WAY racing at the rear of the field as runners approached the final bend. MON ARCHIE WAY was observed to bobble and falter and then switched from a trot to a pace. Mr Burley was then observed to activate the ear hoods and start to encourage his drive with his whip. Mr Muirhead submitted that MON ARCHIE WAY had paced up to the 100 metres mark and that meant it had paced for a distance of 150 to 160 metres.
When invited to comment on the breach, Mr Burley stated that his horse went rough approaching the turn, and that he simply did not notice that his horse had changed from a trotting to pacing action.
He had nothing further to add.
Submissions for Penalty:
Mr Muirhead identified that the JCA Penalty Guidelines identified a starting point of an 8 drives suspension or a $400 fine. He submitted that Stewards had considered charging Mr Burley with incompetent driving for which the identified starting point was an 80 drives suspension or a $4000 fine. He believed that the nature of the breach was a serious one and that a deterrent factor needed to be considered. Given the infrequent nature of Mr Burley's driving he submitted that a period of suspension of at least one month alongside a financial penalty as appropriate.
Mr Burley advised the Committee that he had been driving horses for "a long time". He submitted his preference for a monetary penalty rather than a period of suspension as he believed that would have an impact on his future plans as he was about to return to Australia where he was to drive for two trainers in Sydney and Melbourne. He confirmed to the Committee that he was about to return to Australia after last driving there two to three months ago.
In response, Mr Muirhead submitted that if the Committee were of a mind to impose a sole monetary penalty and no period of suspension, then a $500 fine would be an adequate deterrent.
Mr Burley submitted that this quantum would be an appropriate penalty to impose.
Reasons for Penalty:
The Committee considered all of the submissions placed before it. It is clear on the films that MON ARCHIE WAY transitioned from a trot to a pace on the point of the home turn. Upon review of the films, I place the distance for which it paced at 160 metres. The Rule required Mr Burley to immediately take all reasonable steps to return the horse to its proper gait. Not to do so for a period of 160 metres, at a vital stage of the race, borders on incompetence. Particularly for someone who had described the period for which they had driven horses as a "long time".
I have accepted the submisisons of the Informant and the Respondent, and have determined that this breach can be dealt with by way of a fine. While there are limited examples of penalties for recent breaches of Rule 870(1), it is appropriate to look to penalties that have been imposed by Judicial Committees for a failure to take a particular action that would have been considered reasonable and permissible in similar circumstances. The JCA Penalty Guidelines identify the appropriate starting point as a $400 fine. When I consider the specific context of this breach, along with the aggravating features, I have determined that an uplift in the starting point is warranted and accordingly I have adopted a starting point of $750. In mitigation I have considered Mr Burley's admission of the breach and his clear record under this rule. I am prepared to afford him a combined discount of $150 for these factors.
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: 5109eb705aef920d52e18bcd12bc57ee
informantnumber: A2344
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Failing to return horse to its gait
plea: admitted
penaltyrequired: 1
decisiondate: 31/10/2017
hearing_title: Manawatu HRC 31 October 2017 - R 1 - Chair, Mr T Utikere
charge:
facts:
Following the running of Race 1 (Welcome to Manawatu Raceway New Season Handicap Trot 2500m), Information A2344 was filed with the Judicial Committee alleging a breach of Rule 870(1).
It specifically stated that Mr Burley had: "...failed to immediately take all reasonable steps to return the gelding to its proper gait after it switched to a pace near the 250m".
Mr Burley confirmed that he admitted the breach.
Using the Head-on and Side-on films, Mr Muirhead identified MON ARCHIE WAY racing at the rear of the field as runners approached the final bend. MON ARCHIE WAY was observed to bobble and falter and then switched from a trot to a pace. Mr Burley was then observed to activate the ear hoods and start to encourage his drive with his whip. Mr Muirhead submitted that MON ARCHIE WAY had paced up to the 100 metres mark and that meant it had paced for a distance of 150 to 160 metres.
When invited to comment on the breach, Mr Burley stated that his horse went rough approaching the turn, and that he simply did not notice that his horse had changed from a trotting to pacing action.
He had nothing further to add.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the breach was admitted, the Committee deem the charge proved.
sumissionsforpenalty:
Mr Muirhead identified that the JCA Penalty Guidelines identified a starting point of an 8 drives suspension or a $400 fine. He submitted that Stewards had considered charging Mr Burley with incompetent driving for which the identified starting point was an 80 drives suspension or a $4000 fine. He believed that the nature of the breach was a serious one and that a deterrent factor needed to be considered. Given the infrequent nature of Mr Burley's driving he submitted that a period of suspension of at least one month alongside a financial penalty as appropriate.
Mr Burley advised the Committee that he had been driving horses for "a long time". He submitted his preference for a monetary penalty rather than a period of suspension as he believed that would have an impact on his future plans as he was about to return to Australia where he was to drive for two trainers in Sydney and Melbourne. He confirmed to the Committee that he was about to return to Australia after last driving there two to three months ago.
In response, Mr Muirhead submitted that if the Committee were of a mind to impose a sole monetary penalty and no period of suspension, then a $500 fine would be an adequate deterrent.
Mr Burley submitted that this quantum would be an appropriate penalty to impose.
reasonsforpenalty:
The Committee considered all of the submissions placed before it. It is clear on the films that MON ARCHIE WAY transitioned from a trot to a pace on the point of the home turn. Upon review of the films, I place the distance for which it paced at 160 metres. The Rule required Mr Burley to immediately take all reasonable steps to return the horse to its proper gait. Not to do so for a period of 160 metres, at a vital stage of the race, borders on incompetence. Particularly for someone who had described the period for which they had driven horses as a "long time".
I have accepted the submisisons of the Informant and the Respondent, and have determined that this breach can be dealt with by way of a fine. While there are limited examples of penalties for recent breaches of Rule 870(1), it is appropriate to look to penalties that have been imposed by Judicial Committees for a failure to take a particular action that would have been considered reasonable and permissible in similar circumstances. The JCA Penalty Guidelines identify the appropriate starting point as a $400 fine. When I consider the specific context of this breach, along with the aggravating features, I have determined that an uplift in the starting point is warranted and accordingly I have adopted a starting point of $750. In mitigation I have considered Mr Burley's admission of the breach and his clear record under this rule. I am prepared to afford him a combined discount of $150 for these factors.
penalty:
Mr Burley is fined $600.
hearing_type: Hearing
Rules: Rule 870(1)
Informant: Mr J Muirhead - Senior Stipendiary Steward
JockeysandTrainer: Mr M Burley - Driver of MON ARCHIE WAY
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: ae2e640e24fcef1c96e96c14d0d18314
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: 640090f5d4911b0b8500f9bdee38544b
meet_expapproval:
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waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 31/10/2017
meet_title: Manawatu HRC - 31 October 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