Archive Decision

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NZ Metro TC 22 August 2019 – R 1 – Chair, Mr D Anderson

ID: JCA13060

Applicant:
Mrs C Tibbs - Stipendiary Steward

Respondent(s):
Mr A Edge - Amateur Driver

Other Person:
Mr N Ydgren - Chief Stipendiary Steward

Information Number:
A11224

Hearing Type:
Hearing

New Charge:
Started from the incorrect barrier position

Rules:
862(2)

Plea:
admitted

Meet Title:
NZ Metro TC - 22 August 2019

Meet Chair:
DAnderson

Meet Committee Member 1:
DJackson

Race Date:
2019/08/22

Race Number:
R 1

Decision:

As Mr Edge admitted the breach the charge was found proved.

Penalty:

Accordingly, Mr Edge is fined $200.

Facts:

Following the running of Race 1 the “Thanks for 10 Years of Excellence Mark McNamara (Amateur Drivers) Mobile Pace” an Information was filed by Stipendiary Steward Mrs C Tibbs alleging a breach of Rule 862 (2) by Amateur Driver Mr A Edge. The Information stated that Mr Edge “started from the incorrect barrier position”.

Mr Edge signed the information stating he admitted the breach and he understood the rule with which he was being charged.

Rule 862(2) provides: 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).

Mrs Tibbs used the race video to identify Mr Edge driving (10) RUSSIAN EXPRESS on a still frame at the starting pole. She then switched to the head on to show Mr Edge had shifted out from behind (1) ZULU COURAGE which was his allotted starting position.

Mr Edge stated he decided in the last seconds before the start to move outside ZULU COURAGE as it was back from the gate by at least a length and making no impression to catch it. He said he hadn’t improved forward from the second line and hadn’t gained an advantage.

Submissions for Penalty:

Mrs Tibbs said the Penalty Guide starting point for a breach of this rule was a $400 fine. She said Mr Edge deserved some discount for his admission and good record.

Mr Edge made no submissions on Penalty.

Reasons for Penalty:

The Committee, carefully considered all the evidence and submissions available to them. The JCA Penalty Guide starting point for mid-range breach of this rule is a fine of $400. The Committee consider this breach to be low range. Mr Edge found himself being impeded from a fair start and in the last seconds of the score up has tried to mitigate his situation by moving slightly outwards (perhaps half a carts-width to his immediate outside). The Committee do not view this manoeuvre, which gave Mr Edge a positional advantage in the broadest sense, as an aggravating factor.

In mitigation Mr Edge has a clear record and has admitted the breach.

The Committee in considering the above factors find that a fine of $200 is 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: 3c7a920aba8a5149e7477dd83abea7f5


informantnumber: A11224


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Started from the incorrect barrier position


plea: admitted


penaltyrequired: 1


decisiondate: 26/08/2019


hearing_title: NZ Metro TC 22 August 2019 - R 1 - Chair, Mr D Anderson


charge:


facts:

Following the running of Race 1 the “Thanks for 10 Years of Excellence Mark McNamara (Amateur Drivers) Mobile Pace” an Information was filed by Stipendiary Steward Mrs C Tibbs alleging a breach of Rule 862 (2) by Amateur Driver Mr A Edge. The Information stated that Mr Edge “started from the incorrect barrier position”.

Mr Edge signed the information stating he admitted the breach and he understood the rule with which he was being charged.

Rule 862(2) provides: 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).

Mrs Tibbs used the race video to identify Mr Edge driving (10) RUSSIAN EXPRESS on a still frame at the starting pole. She then switched to the head on to show Mr Edge had shifted out from behind (1) ZULU COURAGE which was his allotted starting position.

Mr Edge stated he decided in the last seconds before the start to move outside ZULU COURAGE as it was back from the gate by at least a length and making no impression to catch it. He said he hadn’t improved forward from the second line and hadn’t gained an advantage.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Edge admitted the breach the charge was found proved.


sumissionsforpenalty:

Mrs Tibbs said the Penalty Guide starting point for a breach of this rule was a $400 fine. She said Mr Edge deserved some discount for his admission and good record.

Mr Edge made no submissions on Penalty.


reasonsforpenalty:

The Committee, carefully considered all the evidence and submissions available to them. The JCA Penalty Guide starting point for mid-range breach of this rule is a fine of $400. The Committee consider this breach to be low range. Mr Edge found himself being impeded from a fair start and in the last seconds of the score up has tried to mitigate his situation by moving slightly outwards (perhaps half a carts-width to his immediate outside). The Committee do not view this manoeuvre, which gave Mr Edge a positional advantage in the broadest sense, as an aggravating factor.

In mitigation Mr Edge has a clear record and has admitted the breach.

The Committee in considering the above factors find that a fine of $200 is an appropriate penalty in this case.


penalty:

Accordingly, Mr Edge is fined $200.


hearing_type: Hearing


Rules: 862(2)


Informant: Mrs C Tibbs - Stipendiary Steward


JockeysandTrainer: Mr A Edge - Amateur Driver


Otherperson: Mr N Ydgren - Chief Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: d3400f95cd8adcb9c489283de89655e5


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 1


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 3c6a2a64614987f59769e159e918d6b7


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 22/08/2019


meet_title: NZ Metro TC - 22 August 2019


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: nz-metro-tc


meet_racingtype: harness-racing


meet_chair: DAnderson


meet_pm1: DJackson


meet_pm2: none


name: NZ Metro TC