Archive Decision

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NZ Metro TC 10 October 2014 – R 5

ID: JCA11062

Applicant:
Mr N M Ydgren - Stipendiary Steward

Respondent(s):
Mr M P Jones - Licensed Open Horseman

Information Number:
A6164

Hearing Type:
Hearing

New Charge:
Failed to trail with horse's head behind the seat of the sulky being trailed

Rules:
869(5)

Plea:
admitted

Meet Title:
NZ Metro TC - 10 October 2014

Meet Chair:
RMcKenzie

Meet Committee Member 1:
SChing

Meet Committee Member 2:
GClapp

Race Date:
2014/10/10

Race Number:
R5

Decision:

Mr Jones having admitted the breach, the charge was found proved.

Penalty:

Mr Jones was fined the sum of $200.

Facts:

Following the running of Race 5, “Yaldhurst Hotel” Canterbury Park Trotting Cup (Group 3), an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Open Horseman, Mr M P Jones, alleging that Mr Jones, as the driver of MASTER LAVROS in the race, “failed to ensure MASTER LAVROS trailed with his head in line with the sulky seat of SUPERBOWLCHEERLEADER (M Purdon) for approximately 120 metres in the back straight”.

Mr Jones had signed the Statement by the Respondent on the information form indicating that he admitted the breach. Mr Ydgren informed the Committee that Mr Jones did not wish to be present at the hearing of the information.

Rule 869 provides as follows:

(5) A horseman shall trail with his horse’s head behind the seat of the sulky being trailed

Mr Ydgren showed a head-on video replay of the field racing down the back straight inside the final 800 metres. He pointed out SUPERBOWLCHEERLEADER (M Purdon) racing in the parked position outside the leader, being trailed by MASTER LAVROS, driven by Mr Jones. Mr Ydgren alleged that Mr Jones then shifted to a “half out position”. He had been trailing the sulky seat of SUPERBOWLCHEERLEADER but had then clearly shifted outwards, at about the 750 metres, to be trailing on the sulky wheel of that horse. The trailing runners, HABIBTI, STENT and VULCAN were all taken wider as a result, Mr Ydgren said. The Stewards were alleging that Mr Jones remained on the wheel of SUPERBOWLCHEERLEADER for a distance of at least 120 metres before finally shifting outwards, when HABIBTI came up alongside him.

Submissions for Penalty:

Mr Ydgren said that it was a Group 3 race. On the same night last year, another horseman had been fined $200 in a Group 2 race for half-carting, he said. He submitted that a similar penalty should be imposed in this case. Mr Jones had a clear record and had admitted the breach, Mr Ydgren said.

Mr Ydgren told the Committee that Mr Jones had asked him to put two matters to the Committee in mitigation. Firstly, that it was not an intentional act. Secondly, he did not steer the horse out there – it just drifted out there and Mr Jones maintained that he had kept a straight course for the length of the back straight.

Reasons for Penalty:

In determining penalty, the Committee had regard to, as mitigating factors, Mr Jones’ previous good record and his admission of the breach. The Committee noted that the starting point in the Penalty Guide was a fine of $200. From that starting point, the Committee was able to allow Mr Jones a discount of $50, down to $150, for his previous good record and his admission of the breach, albeit that his admission was somewhat inevitable. An aggravating factor was the Group 3 status of the race which warranted an uplift of $50 to $200. The Committee also noted that a fine of $200 was in line with the penalty imposed at last year’s meeting.

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: 123a087678aab5a113e21885c58b9540


informantnumber: A6164


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Failed to trail with horse's head behind the seat of the sulky being trailed


plea: admitted


penaltyrequired: 1


decisiondate: 03/10/2014


hearing_title: NZ Metro TC 10 October 2014 - R 5


charge:


facts:

Following the running of Race 5, “Yaldhurst Hotel” Canterbury Park Trotting Cup (Group 3), an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Open Horseman, Mr M P Jones, alleging that Mr Jones, as the driver of MASTER LAVROS in the race, “failed to ensure MASTER LAVROS trailed with his head in line with the sulky seat of SUPERBOWLCHEERLEADER (M Purdon) for approximately 120 metres in the back straight”.

Mr Jones had signed the Statement by the Respondent on the information form indicating that he admitted the breach. Mr Ydgren informed the Committee that Mr Jones did not wish to be present at the hearing of the information.

Rule 869 provides as follows:

(5) A horseman shall trail with his horse’s head behind the seat of the sulky being trailed

Mr Ydgren showed a head-on video replay of the field racing down the back straight inside the final 800 metres. He pointed out SUPERBOWLCHEERLEADER (M Purdon) racing in the parked position outside the leader, being trailed by MASTER LAVROS, driven by Mr Jones. Mr Ydgren alleged that Mr Jones then shifted to a “half out position”. He had been trailing the sulky seat of SUPERBOWLCHEERLEADER but had then clearly shifted outwards, at about the 750 metres, to be trailing on the sulky wheel of that horse. The trailing runners, HABIBTI, STENT and VULCAN were all taken wider as a result, Mr Ydgren said. The Stewards were alleging that Mr Jones remained on the wheel of SUPERBOWLCHEERLEADER for a distance of at least 120 metres before finally shifting outwards, when HABIBTI came up alongside him.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr Jones having admitted the breach, the charge was found proved.


sumissionsforpenalty:

Mr Ydgren said that it was a Group 3 race. On the same night last year, another horseman had been fined $200 in a Group 2 race for half-carting, he said. He submitted that a similar penalty should be imposed in this case. Mr Jones had a clear record and had admitted the breach, Mr Ydgren said.

Mr Ydgren told the Committee that Mr Jones had asked him to put two matters to the Committee in mitigation. Firstly, that it was not an intentional act. Secondly, he did not steer the horse out there – it just drifted out there and Mr Jones maintained that he had kept a straight course for the length of the back straight.


reasonsforpenalty:

In determining penalty, the Committee had regard to, as mitigating factors, Mr Jones’ previous good record and his admission of the breach. The Committee noted that the starting point in the Penalty Guide was a fine of $200. From that starting point, the Committee was able to allow Mr Jones a discount of $50, down to $150, for his previous good record and his admission of the breach, albeit that his admission was somewhat inevitable. An aggravating factor was the Group 3 status of the race which warranted an uplift of $50 to $200. The Committee also noted that a fine of $200 was in line with the penalty imposed at last year’s meeting.


penalty:

Mr Jones was fined the sum of $200.


hearing_type: Hearing


Rules: 869(5)


Informant: Mr N M Ydgren - Stipendiary Steward


JockeysandTrainer: Mr M P Jones - Licensed Open Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: ed86bdcdb796df54354a3b6ca2c20837


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R5


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 3b40a2ebdfc364602e49b74111d6264f


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 10/10/2014


meet_title: NZ Metro TC - 10 October 2014


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: nz-metro-tc


meet_racingtype: harness-racing


meet_chair: RMcKenzie


meet_pm1: SChing


meet_pm2: GClapp


name: NZ Metro TC