NZ Metro TC 20 October 2017 – R 7 – Chair, Mr S Ching
ID: JCA12192
Meet Title:
NZ Metro TC - 20 October 2017
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2017/10/20
Race Number:
R7
Decision:
As Mr Keast had admitted the breach the charge was found to be proved.
Penalty:
Accordingly, Mr Keast was fined the sum of $150.
Facts:
Following the running of Race 7, the John Jones Steel & Papanui Parish (Junior Drivers) Mobile, an Information was filed by Chief Stipendiary Steward, Mr N Ydgren, against Junior Horseman, Mr D Keast, alleging a breach of Rule 870(2) (b) in that he failed return DUSKY EYRE to its correct gait for some distance.
Rule 870(2)(b) reads as follows:
870 (1) When any horse breaks from its gait in any race its horseman shall immediately take all reasonable steps to return it to its proper gait and where clearance exists immediately take such horse clear of the field.
(2) The following shall be a breach of sub-rule (1) hereof:-
(b) failure to take all reasonable steps to return the horse to its proper gait;
Mr Keast had endorsed the Information that this breach of the Rules was admitted which he confirmed at the hearing. Mr Keast also confirmed he understood the Rule under which he was being charged. Trainer of DUSKY EYRE, Mr R Allen, assisted Mr Keast at the initial Stewards' investigation and at the hearing.
Mr Ydgren gave evidence and showed video replays to point out Mr Keast, driving DUSKY EYRE, who had drawn 8 on the front line, as the mobile start was approaching the start point. He stated that DUSKY EYRE was in a pace prior to the start point which was noticed by Mr Keast who attempted to get the horse back in its correct gait by checking the horse. He said thereafter the horse continued on in a pace and joined the field but continued to pace throughout until near the 1000m where Mr Keast realised that the horse was still pacing. Mr Keast, he said, then retired DUSKY EYRE from the race. Mr Ydgren submitted that the breach was low to mid-level.
Mr Keast said that DUSKY EYRE is bred to pace. He stated the horse's action and its back legs go up and down like it is trotting but it is pacing instead. He said it was difficult to pick up that the horse was pacing.
Mr Allen, trainer of the horse, stated that the previous driver of DUSKY EYRE, Mr M Williamson, recommended to him that he use ½ blinkers in tonight’s start. With the new head gear, he believed may have contributed to the horse's performance and the reason it was switching into a pace. He said the horse is fluid in its action and switches over to a pace and then switches back very smoothly which is difficult to detect. Mr Allen stated that he was bred to be a pacer but had never qualified as such.
Submissions for Penalty:
Mr Ydgren stated that Mr Keast has had 170 lifetime drives and whilst he is one of our more experienced Junior Horseman, it is fair to say that he is still inexperienced. He stated that Mr Keast has a clear record, had admitted the breach at the first opportunity and had been both frank and forthright with the Stewards in this case. Mr Ydgren said that the JCA Penalty Guide provides a starting point of an 8-drive suspension or a $400 fine for a breach of Rule 870(1), a relative reference in the penalty guide. Recent penalties of breaches of this rule, he said, would assist the Committee in arriving at a suitable penalty. Mr Ydgren submitted that after taking all factors into consideration, a fine in the vicinity of $200 be considered as penalty.
Mr Keast said that he considered a fine of $200 fair.
Reasons for Penalty:
The JCA Penalty Guide does not provide a starting point for a breach of this rule although the Guide for Rule 870(1) is of some assistance. We also researched previous penalties as a guide to penalty. Recent cases showed penalties for 1st offences being $200 in the case of RIU V Lowe and $150 in the case of RIU v Holmes in 2015. In determining penalty the Committee took into consideration all factors. We agreed with Mr Ydgren that the breach was low to mid-level. There were several mitigating factors to consider, namely Mr Keast’s clear record, his frank and forthright admission of the breach, his status as a Junior Driver and his relative inexperience in conjunction with the difficulty in detecting the action of DUSKY EYRE. In taking into account all factors and historic penalties for breaches of this rule into consideration, we determined that a fine of $150 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: 3db859bf11aa1e0f2c1e983581f9c887
informantnumber: A5538
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of Rule 870(2)(b)
plea: admitted
penaltyrequired: 1
decisiondate: 24/10/2017
hearing_title: NZ Metro TC 20 October 2017 - R 7 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 7, the John Jones Steel & Papanui Parish (Junior Drivers) Mobile, an Information was filed by Chief Stipendiary Steward, Mr N Ydgren, against Junior Horseman, Mr D Keast, alleging a breach of Rule 870(2) (b) in that he failed return DUSKY EYRE to its correct gait for some distance.
Rule 870(2)(b) reads as follows:
870 (1) When any horse breaks from its gait in any race its horseman shall immediately take all reasonable steps to return it to its proper gait and where clearance exists immediately take such horse clear of the field.
(2) The following shall be a breach of sub-rule (1) hereof:-
(b) failure to take all reasonable steps to return the horse to its proper gait;
Mr Keast had endorsed the Information that this breach of the Rules was admitted which he confirmed at the hearing. Mr Keast also confirmed he understood the Rule under which he was being charged. Trainer of DUSKY EYRE, Mr R Allen, assisted Mr Keast at the initial Stewards' investigation and at the hearing.
Mr Ydgren gave evidence and showed video replays to point out Mr Keast, driving DUSKY EYRE, who had drawn 8 on the front line, as the mobile start was approaching the start point. He stated that DUSKY EYRE was in a pace prior to the start point which was noticed by Mr Keast who attempted to get the horse back in its correct gait by checking the horse. He said thereafter the horse continued on in a pace and joined the field but continued to pace throughout until near the 1000m where Mr Keast realised that the horse was still pacing. Mr Keast, he said, then retired DUSKY EYRE from the race. Mr Ydgren submitted that the breach was low to mid-level.
Mr Keast said that DUSKY EYRE is bred to pace. He stated the horse's action and its back legs go up and down like it is trotting but it is pacing instead. He said it was difficult to pick up that the horse was pacing.
Mr Allen, trainer of the horse, stated that the previous driver of DUSKY EYRE, Mr M Williamson, recommended to him that he use ½ blinkers in tonight’s start. With the new head gear, he believed may have contributed to the horse's performance and the reason it was switching into a pace. He said the horse is fluid in its action and switches over to a pace and then switches back very smoothly which is difficult to detect. Mr Allen stated that he was bred to be a pacer but had never qualified as such.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Keast had admitted the breach the charge was found to be proved.
sumissionsforpenalty:
Mr Ydgren stated that Mr Keast has had 170 lifetime drives and whilst he is one of our more experienced Junior Horseman, it is fair to say that he is still inexperienced. He stated that Mr Keast has a clear record, had admitted the breach at the first opportunity and had been both frank and forthright with the Stewards in this case. Mr Ydgren said that the JCA Penalty Guide provides a starting point of an 8-drive suspension or a $400 fine for a breach of Rule 870(1), a relative reference in the penalty guide. Recent penalties of breaches of this rule, he said, would assist the Committee in arriving at a suitable penalty. Mr Ydgren submitted that after taking all factors into consideration, a fine in the vicinity of $200 be considered as penalty.
Mr Keast said that he considered a fine of $200 fair.
reasonsforpenalty:
The JCA Penalty Guide does not provide a starting point for a breach of this rule although the Guide for Rule 870(1) is of some assistance. We also researched previous penalties as a guide to penalty. Recent cases showed penalties for 1st offences being $200 in the case of RIU V Lowe and $150 in the case of RIU v Holmes in 2015. In determining penalty the Committee took into consideration all factors. We agreed with Mr Ydgren that the breach was low to mid-level. There were several mitigating factors to consider, namely Mr Keast’s clear record, his frank and forthright admission of the breach, his status as a Junior Driver and his relative inexperience in conjunction with the difficulty in detecting the action of DUSKY EYRE. In taking into account all factors and historic penalties for breaches of this rule into consideration, we determined that a fine of $150 was an appropriate penalty in this case.
penalty:
Accordingly, Mr Keast was fined the sum of $150.
hearing_type: Hearing
Rules: 870(2)(b)
Informant: N Ydgren- Chief Stipendiary Steward
JockeysandTrainer: D Keast- Junior Horseman
Otherperson: R Allen-Licensed Trainer
PersonPresent:
Respondent:
StipendSteward:
raceid: 7f5b6adeb249725de6ea68856dab5069
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: ae2b84d11ee43ccd156f4cc22c441a12
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 20/10/2017
meet_title: NZ Metro TC - 20 October 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: NZ Metro TC