NZ Metro TC 13 September 2019 – R 4 – Chair, Mr S Ching
ID: JCA12318
Meet Title:
NZ Metro TC - 13 September 2019
Meet Chair:
SChing
Meet Committee Member 1:
OJarvis
Race Date:
2019/09/13
Race Number:
R4
Decision:
As Mr Holmes had admitted the breach the charge was found proved.
Penalty:
Accordingly, Mr Holmes is fined the sum of $350.
Facts:
Following the running of Race 4, the Hydroflow Mobile Pace, an Information was filed by Chief Stipendiary Steward Mr N Ydgren against Open Horseman, Mr R Holmes, alleging a breach of Rule 862(2) in that he allowed CONQUER ME to start from the incorrect barrier position.
Rule 862(2) reads as follows:
(2) No horseman shall permit a horse to start and no horse shall start other than from its correct barrier position or in advance of its correct barrier position (either at a standing or mobile start), unless directed by the Starter in accordance with Rule 860(8).
Mr Holmes had endorsed the Information that this breach of the Rules was admitted. Mr Holmes confirmed that he understood the charge and the rule it was brought under.
Mr Ydgren gave evidence and showed video replays, with the assistance of Stipendiary Steward Mr S Renault to show that Mr Holmes driving CONQUER ME, had drawn five on the second line in the mobile start event. He pointed out Mr Holmes in the score up, who was clearly in the 4-off position, behind HURRIANA THREE, who had drawn 4 off the frontline. He said Mr Holmes, having drawn 5 off the second line, should have been behind FLY LIKA FALCON in the score up and was clearly in the incorrect position. Mr Ydgren said that the consequences of this incident was that CALYPSO ROCK, who had drawn the 4 position on the second line, was prevented from taking up its correct start position and was behind the second line as the start was declared. CALYPSO ROCK was subsequently late scratched due to being denied a fair start.
Mr Holmes stated that he knew he was on the outside of the second line and did not hear the starter or Miss Stewart, driving CALYPSO ROCK, call out or let him know he was in the incorrect position.
Submissions for Penalty:
Mr Ydgren stated that Mr Holmes had a clear record in relation to this rule and had an excellent penalty record overall. He stated that the JCA Penalty Guide recommended a starting point of 8 drives or a $400 fine for a breach of this Rule. He said that the consequences of Mr Holmes' actions, being that a horse was denied a fair start and late scratched, were an aggravating factor and submitted an uplift in penalty be considered. Mr Ydgren stated the mitigating factors being the frank admission of the breach and Mr Holmes' excellent overall record also needed to be taken into account when considering penalty.
Reasons for Penalty:
In determining penalty, the Committee took into consideration all factors in this case. In adopting the JCA Penalty Guide starting point of $400 we determined that the aggravating factor warranted an uplift in penalty which we set at $100. Mr Holmes' frank admission of the breach and his excellent record were strong mitigating factors to which we afforded him a combined discount, which we set at $150. We therefore determined that a fine of $350 was an appropriate penalty in this case.
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: 4e10677b8ea3403c329f0bf103c5f758
informantnumber: A10769
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of Rule 862(2)-Starting from the incorrect barrier position
plea: admitted
penaltyrequired: 1
decisiondate: 16/09/2019
hearing_title: NZ Metro TC 13 September 2019 - R 4 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 4, the Hydroflow Mobile Pace, an Information was filed by Chief Stipendiary Steward Mr N Ydgren against Open Horseman, Mr R Holmes, alleging a breach of Rule 862(2) in that he allowed CONQUER ME to start from the incorrect barrier position.
Rule 862(2) reads as follows:
(2) No horseman shall permit a horse to start and no horse shall start other than from its correct barrier position or in advance of its correct barrier position (either at a standing or mobile start), unless directed by the Starter in accordance with Rule 860(8).
Mr Holmes had endorsed the Information that this breach of the Rules was admitted. Mr Holmes confirmed that he understood the charge and the rule it was brought under.
Mr Ydgren gave evidence and showed video replays, with the assistance of Stipendiary Steward Mr S Renault to show that Mr Holmes driving CONQUER ME, had drawn five on the second line in the mobile start event. He pointed out Mr Holmes in the score up, who was clearly in the 4-off position, behind HURRIANA THREE, who had drawn 4 off the frontline. He said Mr Holmes, having drawn 5 off the second line, should have been behind FLY LIKA FALCON in the score up and was clearly in the incorrect position. Mr Ydgren said that the consequences of this incident was that CALYPSO ROCK, who had drawn the 4 position on the second line, was prevented from taking up its correct start position and was behind the second line as the start was declared. CALYPSO ROCK was subsequently late scratched due to being denied a fair start.
Mr Holmes stated that he knew he was on the outside of the second line and did not hear the starter or Miss Stewart, driving CALYPSO ROCK, call out or let him know he was in the incorrect position.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Holmes had admitted the breach the charge was found proved.
sumissionsforpenalty:
Mr Ydgren stated that Mr Holmes had a clear record in relation to this rule and had an excellent penalty record overall. He stated that the JCA Penalty Guide recommended a starting point of 8 drives or a $400 fine for a breach of this Rule. He said that the consequences of Mr Holmes' actions, being that a horse was denied a fair start and late scratched, were an aggravating factor and submitted an uplift in penalty be considered. Mr Ydgren stated the mitigating factors being the frank admission of the breach and Mr Holmes' excellent overall record also needed to be taken into account when considering penalty.
reasonsforpenalty:
In determining penalty, the Committee took into consideration all factors in this case. In adopting the JCA Penalty Guide starting point of $400 we determined that the aggravating factor warranted an uplift in penalty which we set at $100. Mr Holmes' frank admission of the breach and his excellent record were strong mitigating factors to which we afforded him a combined discount, which we set at $150. We therefore determined that a fine of $350 was an appropriate penalty in this case.
penalty:
Accordingly, Mr Holmes is fined the sum of $350.
hearing_type: Hearing
Rules: 862(2)
Informant: N Ydgren-Chief Stipendiary Steward
JockeysandTrainer: R Holmes-Open Horseman
Otherperson: Mr S Renault - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 67747f547f8029f7f5fd022b639e4ee0
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: c0f5cdf0f5d273977989c3f07f15bcda
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 13/09/2019
meet_title: NZ Metro TC - 13 September 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: OJarvis
meet_pm2: none
name: NZ Metro TC