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NZ Metro TC 24 April 2014 – R 11

ID: JCA11321

Applicant:
N M Ydgren, Stipendiary Steward

Respondent(s):
D J Broadhurst, Licensed Open Driver

Information Number:
A6133

Hearing Type:
Hearing

New Charge:
Rushing ahead of gate

Rules:
857(7)(c)

Plea:
admitted

Meet Title:
NZ Metro TC - 24 April 2014

Meet Chair:
RMcKenzie

Meet Committee Member 1:
KHales

Race Date:
2014/04/24

Race Number:
R11

Decision:

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

Penalty:

Mr Broadhurst was fined the sum of $200.00.

Facts:

Following the running of Race 11, Clarkson Sign Studio-Digitally Printed Signs Mobile Pace, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Mr D J Broadhurst, alleging that Mr Broadhurst, as the driver of DOVER DELIGHT in the race, “allowed DOVER DELIGHT to rush ahead of the inside of the mobile gate. This resulted in a false start being declared”.

Mr Broadhurst was present at the hearing of the information, and he indicated that he admitted the breach.

Rule 857 provides as follows:

(7) No horseman shall:
    (c) rush ahead of the inside or outside of the gate.

Submissions for Decision:

Mr Ydgren showed side-on and head-on video replays of the start of the race, a 1950 metres mobile start event. He pointed out DOVER DELIGHT, driven by Mr Broadhurst, drawn barrier position 1 behind the mobile gate. Just before the 2000 metres starting point, the horse “progressed rapidly” and got ahead of the gate. Mr Broadhurst could be seen to restrain the horse but, by then, the starter had declared a false start. It was purely an error of judgement on Mr Broadhurst’s part and the Stewards accepted that he was not trying to gain any advantage, Mr Ydgren said.

Mr Broadhurst explained that, the moment that the horse “saw daylight”, she just “charged through”. He admitted that he had allowed the mare to get ahead of the gate. He tried to restrain her but it was too late, Mr Broadhurst said.

In response to a question from the Committee, Mr Ydgren said that the horse was about a neck ahead of the gate at the start point. Mr Broadhurst did not dispute this.

Submissions for Penalty:

Mr Ydgren submitted that a breach of this Rule was rare. The Penalty Guide did not refer to the particular Rule, he said.

Mr Ydgren submitted that having regard to Mr Broadhurst’s good record, his explanation and his admission of the breach, a fine of $200 was appropriate.

Mr Broadhurst had no submission to make in relation to penalty. 

Reasons for Penalty:

Neither the Penalty Guide nor the JCA database of penalties was able to assist the Committee in deciding upon a penalty. A breach of the Rule is indeed rare in the Committee’s experience.

The Committee accepted that Mr Broadhurst had a good record and that there was no intent on his part to gain an advantage. It was clear that the horse had caught Mr Broadhurst by surprise and he was unable to restrain it prior to the start point, at which point it was about a neck in front of the barrier arm.

The only consequence was that a false start was declared.

The Committee considered Mr Ydgren’s submission as to an appropriate fine to be reasonable.

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: 2426947f9d7d63dd9374166a34a8dd4d


informantnumber: A6133


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Rushing ahead of gate


plea: admitted


penaltyrequired: 1


decisiondate: 28/04/2014


hearing_title: NZ Metro TC 24 April 2014 - R 11


charge:


facts:

Following the running of Race 11, Clarkson Sign Studio-Digitally Printed Signs Mobile Pace, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Mr D J Broadhurst, alleging that Mr Broadhurst, as the driver of DOVER DELIGHT in the race, “allowed DOVER DELIGHT to rush ahead of the inside of the mobile gate. This resulted in a false start being declared”.

Mr Broadhurst was present at the hearing of the information, and he indicated that he admitted the breach.

Rule 857 provides as follows:

(7) No horseman shall:
    (c) rush ahead of the inside or outside of the gate.


appealdecision:


isappeal:


submissionsfordecision:

Mr Ydgren showed side-on and head-on video replays of the start of the race, a 1950 metres mobile start event. He pointed out DOVER DELIGHT, driven by Mr Broadhurst, drawn barrier position 1 behind the mobile gate. Just before the 2000 metres starting point, the horse “progressed rapidly” and got ahead of the gate. Mr Broadhurst could be seen to restrain the horse but, by then, the starter had declared a false start. It was purely an error of judgement on Mr Broadhurst’s part and the Stewards accepted that he was not trying to gain any advantage, Mr Ydgren said.

Mr Broadhurst explained that, the moment that the horse “saw daylight”, she just “charged through”. He admitted that he had allowed the mare to get ahead of the gate. He tried to restrain her but it was too late, Mr Broadhurst said.

In response to a question from the Committee, Mr Ydgren said that the horse was about a neck ahead of the gate at the start point. Mr Broadhurst did not dispute this.


reasonsfordecision:


Decision:

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


sumissionsforpenalty:

Mr Ydgren submitted that a breach of this Rule was rare. The Penalty Guide did not refer to the particular Rule, he said.

Mr Ydgren submitted that having regard to Mr Broadhurst’s good record, his explanation and his admission of the breach, a fine of $200 was appropriate.

Mr Broadhurst had no submission to make in relation to penalty. 


reasonsforpenalty:

Neither the Penalty Guide nor the JCA database of penalties was able to assist the Committee in deciding upon a penalty. A breach of the Rule is indeed rare in the Committee’s experience.

The Committee accepted that Mr Broadhurst had a good record and that there was no intent on his part to gain an advantage. It was clear that the horse had caught Mr Broadhurst by surprise and he was unable to restrain it prior to the start point, at which point it was about a neck in front of the barrier arm.

The only consequence was that a false start was declared.

The Committee considered Mr Ydgren’s submission as to an appropriate fine to be reasonable.


penalty:

Mr Broadhurst was fined the sum of $200.00.


hearing_type: Hearing


Rules: 857(7)(c)


Informant: N M Ydgren, Stipendiary Steward


JockeysandTrainer: D J Broadhurst, Licensed Open Driver


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 77190c5e09bb71300ae1d3cf0d58da22


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R11


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 106ce1a335aec9de0a97399e4af5e865


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 24/04/2014


meet_title: NZ Metro TC - 24 April 2014


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: nz-metro-tc


meet_racingtype: harness-racing


meet_chair: RMcKenzie


meet_pm1: KHales


meet_pm2: none


name: NZ Metro TC