Archive Decision

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NZ Metro TC 25 April 2013 – R 2

ID: JCA12510

Applicant:
Mr S Renault - Stipendiary Steward

Respondent(s):
Mr S Trotter - Graduation Horseman

Other Person:
Mr N Ydgren - Stipendiary Steward

Information Number:
A4999

Hearing Type:
Hearing

Rules:
867

Plea:
admitted

Meet Title:
NZ Metro TC - 25 April 2013

Meet Chair:
KHales

Meet Committee Member 1:
JPhelan

Race Date:
2013/04/25

Race Number:
R 2

Decision:

As Mr Trotter has admitted the charge it is therefore deemed to be proved.

Penalty:

Mr Trotter is fined $150.

Charge:

That Mr Trotter dropped his leg from the sulky footrest on the final bend and did not rectify this for some time whilst also using his whip.

Rule No: 867 – “Every horseman shall drive throughout the race with both feet in the rests of the sulky provided for that purpose.”

Facts:

During the final stages of the “Clarkson Sign Studio – Suppliers of Addington Raceway Signage Track Signage Trot”, as the field approached the final bend, it was observed that Mr Trotter’s left foot had dropped down out of the sulky rest. Mr Trotter began to use his whip whilst his foot was out of the sulky rest. Mr Trotter’s foot remained out of the rest for approximately 200 metres. In the main straight, with approximately 200 metres to run, he returned his foot to the rest but shortly after that his right foot dropped out of the rest for a few strides.

Mr Trotter did not appear at the hearing but it was reported to us by Mr Renault, that Mr Trotter had told the Stipendiary Stewards that his foot must have slipped out, and that he had not realized that it was out of the rest until he was in the straight.

Video evidence revealed that Mr Trotter’s left foot was out of the rest for a distance of approximately 200 metres. His whip action during that time did not, however, show any degree of force being used. He returned his left foot to the rest, but a short distance later his right foot came out of the rest in the main straight for a brief period only.

Submissions for Penalty:

The Stipendiary Stewards advised the hearing that Mr Trotter had a prior charge against him for a breach of this Rule, on 12th June 2012 at Marlborough when he was fined $100. The Stipendiary Stewards submitted that a fine of $100 was appropriate for this breach.

Reasons for Penalty:

Our starting point for the imposition of penalty is $100 (or a 2 drive suspension) as per the Judicial Control Authority’s Penalty Guide. We have also had reference to the Penalty Data base and note that there have been numerous drivers fined $150 for a similar offence (second occasion) of recent times.

The aggravating features of this breach are, the distance over which Mr Trotter’s foot was out of the rest and the fact that it is his second breach in the last 12 months. We also found Mr Trotter’s explanation that he did not realize that his foot was out of the rest, somewhat disingenuous.

There are no mitigating features for us to consider in this instance.

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: 65ac940849d7122b964269f5de4515db


informantnumber: A4999


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 26/04/2013


hearing_title: NZ Metro TC 25 April 2013 - R 2


charge:

That Mr Trotter dropped his leg from the sulky footrest on the final bend and did not rectify this for some time whilst also using his whip.

Rule No: 867 – “Every horseman shall drive throughout the race with both feet in the rests of the sulky provided for that purpose.”


facts:

During the final stages of the “Clarkson Sign Studio – Suppliers of Addington Raceway Signage Track Signage Trot”, as the field approached the final bend, it was observed that Mr Trotter’s left foot had dropped down out of the sulky rest. Mr Trotter began to use his whip whilst his foot was out of the sulky rest. Mr Trotter’s foot remained out of the rest for approximately 200 metres. In the main straight, with approximately 200 metres to run, he returned his foot to the rest but shortly after that his right foot dropped out of the rest for a few strides.

Mr Trotter did not appear at the hearing but it was reported to us by Mr Renault, that Mr Trotter had told the Stipendiary Stewards that his foot must have slipped out, and that he had not realized that it was out of the rest until he was in the straight.

Video evidence revealed that Mr Trotter’s left foot was out of the rest for a distance of approximately 200 metres. His whip action during that time did not, however, show any degree of force being used. He returned his left foot to the rest, but a short distance later his right foot came out of the rest in the main straight for a brief period only.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Trotter has admitted the charge it is therefore deemed to be proved.


sumissionsforpenalty:

The Stipendiary Stewards advised the hearing that Mr Trotter had a prior charge against him for a breach of this Rule, on 12th June 2012 at Marlborough when he was fined $100. The Stipendiary Stewards submitted that a fine of $100 was appropriate for this breach.


reasonsforpenalty:

Our starting point for the imposition of penalty is $100 (or a 2 drive suspension) as per the Judicial Control Authority’s Penalty Guide. We have also had reference to the Penalty Data base and note that there have been numerous drivers fined $150 for a similar offence (second occasion) of recent times.

The aggravating features of this breach are, the distance over which Mr Trotter’s foot was out of the rest and the fact that it is his second breach in the last 12 months. We also found Mr Trotter’s explanation that he did not realize that his foot was out of the rest, somewhat disingenuous.

There are no mitigating features for us to consider in this instance.


penalty:

Mr Trotter is fined $150.


hearing_type: Hearing


Rules: 867


Informant: Mr S Renault - Stipendiary Steward


JockeysandTrainer: Mr S Trotter - Graduation Horseman


Otherperson: Mr N Ydgren - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 36eda81cca4017301956c05e4d791e94


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 2


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 951519abe9819be02214af045809c9ae


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 25/04/2013


meet_title: NZ Metro TC - 25 April 2013


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: nz-metro-tc


meet_racingtype: harness-racing


meet_chair: KHales


meet_pm1: JPhelan


meet_pm2: none


name: NZ Metro TC