NZ Metro TC – 10 May 2008 – Race 5
ID: JCA22316
Hearing Type (Code):
harness-racing
Meet Title:
NZ Metro TC - 10 May 2008
Race Date:
2008/05/10
Race Number:
Race 5
Decision: Following the running of Race 5, the NRM (NZ) Sires’ Stakes 2 – Year – Old Trotters Championship, an information was laid by Chief Stipendiary Steward Mr N. R. Escott against Mr M. P. Edmonds, the driver of “Guerro” (12), alleging a breach of Rule 862(2).
DECISION AND REASONS:
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Following the running of Race 5, the NRM (NZ) Sires’ Stakes 2 – Year – Old Trotters Championship, an information was laid by Chief Stipendiary Steward Mr N. R. Escott against Mr M. P. Edmonds, the driver of “Guerro” (12), alleging a breach of Rule 862(2). It was alleged that Mr Edmonds started from an incorrect position in this mobile start race.
----
Mr Edmonds had indicated on the information that he admitted this breach of the Rules and also that he did not wish to attend the hearing.
----
Stipendiary Steward Mr McIntyre used video coverage to illustrate the start of this race, and explained that the Rules require an unruly horse which is starting from the inside of the second line to start in a position at least five places from the inside. In this case Mr Edmonds had been in a position three out when the race started.
----
In relation to penalty Mr Escott advised that Mr Edmonds had no relevant previous convictions and had admitted the breach. He recommended a fine of
--$200-00. We adjourned to consider penalty.
----
We were satisfied that the appropriate starting point for a breach of this Rule is a fine of $400-00. In 2006 there was a similar case (not admitted) in a $25,000-00 race on a Premier Day where a fine of $400-00 was imposed. We were satisfied that a fine of $200-00 was inadequate in this case. We were also aware that Mr Edmonds had been told that the Stipendiary Stewards would be recommending a fine of $200-00. This being so the Stipendiary Stewards were asked to give Mr Edmonds the opportunity to appear before us so that we could advise him of our view that a fine of $200-00 was inadequate in this case.
----
Mr Edmonds could not be contacted on the 10 May 2008 to give him the opportunity to appear, so the matter of penalty was adjourned to 16 May 2008.
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When Mr Edmonds appeared on the 16 May 2008 he was advised of our reasons for not accepting the Stipendiary Stewards recommendation. These reasons were that a starting point guide line is a fine of $400-00, and that a fine of $400-00 had been imposed for a similar breach about 18 months ago.
----
We asked Mr Escott for his comments and he then recommended a fine of between $350-00 and $400-00. Mr Edmonds had no relevant submissions to make as to penalty.
----
We adjourned to consider penalty. We were satisfied that as Mr Edmonds had admitted the breach and had no previous convictions that a fine of $300-00 was appropriate in these circumstances.
----
On returning to the Enquiry Room we advised the parties that Mr Edmonds would be fined the sum of $300-00 for the above reasons.
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--
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________________
--J. M. Phelan
--Chairman
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: b349b1ed731834a1248afa08bbaf71b3
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 10/05/2008
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: NZ Metro TC - 10 May 2008 - Race 5
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Following the running of Race 5, the NRM (NZ) Sires’ Stakes 2 – Year – Old Trotters Championship, an information was laid by Chief Stipendiary Steward Mr N. R. Escott against Mr M. P. Edmonds, the driver of “Guerro” (12), alleging a breach of Rule 862(2).DECISION AND REASONS:
----
Following the running of Race 5, the NRM (NZ) Sires’ Stakes 2 – Year – Old Trotters Championship, an information was laid by Chief Stipendiary Steward Mr N. R. Escott against Mr M. P. Edmonds, the driver of “Guerro” (12), alleging a breach of Rule 862(2). It was alleged that Mr Edmonds started from an incorrect position in this mobile start race.
----
Mr Edmonds had indicated on the information that he admitted this breach of the Rules and also that he did not wish to attend the hearing.
----
Stipendiary Steward Mr McIntyre used video coverage to illustrate the start of this race, and explained that the Rules require an unruly horse which is starting from the inside of the second line to start in a position at least five places from the inside. In this case Mr Edmonds had been in a position three out when the race started.
----
In relation to penalty Mr Escott advised that Mr Edmonds had no relevant previous convictions and had admitted the breach. He recommended a fine of
--$200-00. We adjourned to consider penalty.
----
We were satisfied that the appropriate starting point for a breach of this Rule is a fine of $400-00. In 2006 there was a similar case (not admitted) in a $25,000-00 race on a Premier Day where a fine of $400-00 was imposed. We were satisfied that a fine of $200-00 was inadequate in this case. We were also aware that Mr Edmonds had been told that the Stipendiary Stewards would be recommending a fine of $200-00. This being so the Stipendiary Stewards were asked to give Mr Edmonds the opportunity to appear before us so that we could advise him of our view that a fine of $200-00 was inadequate in this case.
----
Mr Edmonds could not be contacted on the 10 May 2008 to give him the opportunity to appear, so the matter of penalty was adjourned to 16 May 2008.
----
When Mr Edmonds appeared on the 16 May 2008 he was advised of our reasons for not accepting the Stipendiary Stewards recommendation. These reasons were that a starting point guide line is a fine of $400-00, and that a fine of $400-00 had been imposed for a similar breach about 18 months ago.
----
We asked Mr Escott for his comments and he then recommended a fine of between $350-00 and $400-00. Mr Edmonds had no relevant submissions to make as to penalty.
----
We adjourned to consider penalty. We were satisfied that as Mr Edmonds had admitted the breach and had no previous convictions that a fine of $300-00 was appropriate in these circumstances.
----
On returning to the Enquiry Room we advised the parties that Mr Edmonds would be fined the sum of $300-00 for the above reasons.
----
--
--
--
________________
--J. M. Phelan
--Chairman
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 862.2
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 5a03e61d09d7b683ba685b75cba878f6
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 65c35f7fa7f42911c7bceb1e86edafe3
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 10/05/2008
meet_title: NZ Metro TC - 10 May 2008
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: NZ Metro TC