Nelson HRC 10 June 2012 – R 7
ID: JCA11231
Meet Title:
Nelson HRC - 10 June 2012
Meet Chair:
RMcKenzie
Meet Committee Member 1:
PWilliams
Race Date:
2012/06/10
Race Number:
R7
Decision:
Mr Smith having admitted the breach, the charge was found proved.
Penalty:
Mr Smith was fined the sum of $150.
Charge:
Coming to starting gate out of position.
Facts:
Following the running of Race 7, Seacross Mobile Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Horseman, Mr G D Smith, alleging a breach of Rule 857 (7) (d) in that as the driver of CURVE in the race, he “came to the starting point out of position”.
Mr Smith was present at the hearing of the information and he indicated that he admitted the breach.
Rule 857 provides as follows:
(7) No horseman shall:-
(d) come to the starting gate out of position.
Submissions for Decision:
The Committee noted that CURVE had drawn to start from barrier position Unruly 1 on the second row at the 2400 metres mobile start. This required it to start on the extreme outside and behind the second line of horses, and no closer than barrier position 5.
Mr Renault said that there were 7 horses drawn to start on the front row and 7 on the second row including the unruly CURVE. Mr Smith was required to start from no closer than barrier position 7, allowing the inside runners to take up their positions. At the start, Mr Smith was in barrier opposition 6 behind CITYAGLOW (D J Dunn) which had drawn barrier position 6 on the front row – that is to say, one position closer to the inside than he should have been.
Submissions for Penalty:
Mr Renault referred to the fine of $150 imposed on Licensed Open Horseman, Mr R T May, for a breach of the Rule arising out of the same race. Mr Smith was a very busy driver, Mr Renault said, and his record was good. He submitted that fine of $100-200 was appropriate.
Mr Smith did not dispute that he was in the incorrect position. He was not sure how many runners were to start from the second row in the Race as he had not looked at the race book. The field was “a bit of a mess” when the second row horses were walking round, he said, and he did not know how many horses were drawn to start on the second row. He had started off really wide as the field was scoring up round the bend, so he let his mare come in knowing that he had to be 5 and further out. He submitted that he had not affected the chances of either Mr Pash or Mr May as they were 2 lengths behind him. Neither had he gained any advantage, he said.
Reasons for Penalty:
In arriving at penalty, the Committee had regard to Mr Smith’s frank admission of the breach and his previous good record. The Committee also took into account that the start was not a good one, with at least two other runners out of position at the release point. This was, clearly, a contributing factor. Having regard to those matters, the Committee took the view that a fine considerably smaller that that suggested by the Penalty Guide was called for. The Committee noted Mr Renault’s submission. Finally, the Committee thought that it was appropriate to deal with Mr Smith in a similar manner to Mr May who had been fined the sum of $150.
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: 12debe005f5d3240276ba1e784344b44
informantnumber: A5180
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 24/05/2012
hearing_title: Nelson HRC 10 June 2012 - R 7
charge:
Coming to starting gate out of position.
facts:
Following the running of Race 7, Seacross Mobile Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Horseman, Mr G D Smith, alleging a breach of Rule 857 (7) (d) in that as the driver of CURVE in the race, he “came to the starting point out of position”.
Mr Smith was present at the hearing of the information and he indicated that he admitted the breach.
Rule 857 provides as follows:
(7) No horseman shall:-
(d) come to the starting gate out of position.
appealdecision:
isappeal:
submissionsfordecision:
The Committee noted that CURVE had drawn to start from barrier position Unruly 1 on the second row at the 2400 metres mobile start. This required it to start on the extreme outside and behind the second line of horses, and no closer than barrier position 5.
Mr Renault said that there were 7 horses drawn to start on the front row and 7 on the second row including the unruly CURVE. Mr Smith was required to start from no closer than barrier position 7, allowing the inside runners to take up their positions. At the start, Mr Smith was in barrier opposition 6 behind CITYAGLOW (D J Dunn) which had drawn barrier position 6 on the front row – that is to say, one position closer to the inside than he should have been.
reasonsfordecision:
Decision:
Mr Smith having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Renault referred to the fine of $150 imposed on Licensed Open Horseman, Mr R T May, for a breach of the Rule arising out of the same race. Mr Smith was a very busy driver, Mr Renault said, and his record was good. He submitted that fine of $100-200 was appropriate.
Mr Smith did not dispute that he was in the incorrect position. He was not sure how many runners were to start from the second row in the Race as he had not looked at the race book. The field was “a bit of a mess” when the second row horses were walking round, he said, and he did not know how many horses were drawn to start on the second row. He had started off really wide as the field was scoring up round the bend, so he let his mare come in knowing that he had to be 5 and further out. He submitted that he had not affected the chances of either Mr Pash or Mr May as they were 2 lengths behind him. Neither had he gained any advantage, he said.
reasonsforpenalty:
In arriving at penalty, the Committee had regard to Mr Smith’s frank admission of the breach and his previous good record. The Committee also took into account that the start was not a good one, with at least two other runners out of position at the release point. This was, clearly, a contributing factor. Having regard to those matters, the Committee took the view that a fine considerably smaller that that suggested by the Penalty Guide was called for. The Committee noted Mr Renault’s submission. Finally, the Committee thought that it was appropriate to deal with Mr Smith in a similar manner to Mr May who had been fined the sum of $150.
penalty:
Mr Smith was fined the sum of $150.
hearing_type: Hearing
Rules: 857(7)(d)
Informant: SP Renault - Stipendiary Steward
JockeysandTrainer: GS Smith - Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 0dd303a9ed08c883da38191fc0972729
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 6ab39880f8aaf08dee8c9e015019d5c3
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 10/06/2012
meet_title: Nelson HRC - 10 June 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nelson-hrc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: PWilliams
meet_pm2: none
name: Nelson HRC