NZ Metro TC – 27 July 2010 – R 2
ID: JCA20996
Hearing Type (Code):
harness-racing
Meet Title:
NZ Metro TC - 27 July 2010
Meet Chair:
tom
Meet Committee Member 1:
tom
Meet Committee Member 2:
tom
Race Date:
2010/07/27
Race Number:
R 2
Decision: --
RACEDAY JUDICIAL COMMITTEE DECISION
--Informant: Mr N M Ydgren Stipendiary Steward
--Defendant: Mr S P Walkinshaw Licensed Open Driver
--Information No: 68814
--Meeting: New Zealand Metropolitan Trotting Club
--Date: 27 July 2010
--Venue: Addington Raceway, Christchurch
--Race: 2
--Rule No: 862 (2)
--Judicial Committee: R G McKenzie, Chairman – S C Ching, Panellist
--Plea: Admitted
----
--
FACTS:
--Following the running of Race 2, George Calvert Cleaning Mobile Pace, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Mr S P Walkinshaw, alleging a breach of Rule 862 (2) in that “Mr Walkinshaw allowed WOODLEA COSMOS to start from the incorrect barrier position with this horse being disqualified from the event”.
----
Mr Walkinshaw was present at the hearing of the information and he indicated that he admitted the breach.
----
Rule 862 provides as follows:
----
(2) No horseman shall permit a horse to start and no horse shall start other than from its correct barrier position (either at a standing or mobile start), unless directed by the Starter in accordance with Rule 860(8).
----
SUBMISSION(S):
--Mr Ydgren referred to the evidence adduced at the earlier protest hearing. Mr Walkinshaw agreed that that evidence could be accepted for the purposes of the charge. Neither party wished to refer to the video evidence and the Committee did not require the videos to be replayed.
----
DECISION:
--The charge was found proved.
----
PENALTY SUBMISSIONS:
--Mr Ydgren pointed out that the Penalty Guide recommended a starting point of a fine of $400 for a breach of the Rule but added that a fine at that level would be excessive, in his view, for this particular breach.
----
He submitted that it was clear breach of the Rule and pointed out that Mr Walkinshaw’s horse had been disqualified from the race. Finally, Mr Ydgren referred to Mr Walkinshaw’s good record and his frank admission of the breach.
----
Mr Walkinshaw stated that he admitted breaching the Rule but submitted that there had been no interference to any other runner and that he had, shortly after the start, dropped back onto the back of the MISSIES BOY. There were “no dramas”, he submitted.
----
--
REASONS:
--The Committee was satisfied that the breach could properly be dealt with by way of a fine. In determining the amount of fine, the Committee agreed with Mr Ydgren’s submission that a $400 fine, as recommended by the Penalty Guide, would be excessive. The Committee took into account Mr Walkinshaw’s frank admission of the breach and his previous good record. The Committee assessed the breach at the lower end of the scale, notwithstanding that it resulted in the disqualification of WOODLEA COSMOS from the race. The Committee noted that there was no 4th stake payable for the race but recognised that the outcome of the First 4 betting option on the race was affected by the disqualification.
----
The Committee also looked at the database of penalties for breaches of the Rule, going back to the 2004/2005 season. Weighing all factors, the Committee was satisfied that the appropriate fine in this case was $200.
----
PENALTY:
--Mr Walkinshaw was fined the sum of $200.
----
--
R G McKenzie S C Ching
--Chairman Committee Member
--68814
----
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: 8b775b83af894961ce46d3f28b5bc5d9
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 27/07/2010
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: NZ Metro TC - 27 July 2010 - R 2
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--RACEDAY JUDICIAL COMMITTEE DECISION
--Informant: Mr N M Ydgren Stipendiary Steward
--Defendant: Mr S P Walkinshaw Licensed Open Driver
--Information No: 68814
--Meeting: New Zealand Metropolitan Trotting Club
--Date: 27 July 2010
--Venue: Addington Raceway, Christchurch
--Race: 2
--Rule No: 862 (2)
--Judicial Committee: R G McKenzie, Chairman – S C Ching, Panellist
--Plea: Admitted
----
--
FACTS:
--Following the running of Race 2, George Calvert Cleaning Mobile Pace, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Mr S P Walkinshaw, alleging a breach of Rule 862 (2) in that “Mr Walkinshaw allowed WOODLEA COSMOS to start from the incorrect barrier position with this horse being disqualified from the event”.
----
Mr Walkinshaw was present at the hearing of the information and he indicated that he admitted the breach.
----
Rule 862 provides as follows:
----
(2) No horseman shall permit a horse to start and no horse shall start other than from its correct barrier position (either at a standing or mobile start), unless directed by the Starter in accordance with Rule 860(8).
----
SUBMISSION(S):
--Mr Ydgren referred to the evidence adduced at the earlier protest hearing. Mr Walkinshaw agreed that that evidence could be accepted for the purposes of the charge. Neither party wished to refer to the video evidence and the Committee did not require the videos to be replayed.
----
DECISION:
--The charge was found proved.
----
PENALTY SUBMISSIONS:
--Mr Ydgren pointed out that the Penalty Guide recommended a starting point of a fine of $400 for a breach of the Rule but added that a fine at that level would be excessive, in his view, for this particular breach.
----
He submitted that it was clear breach of the Rule and pointed out that Mr Walkinshaw’s horse had been disqualified from the race. Finally, Mr Ydgren referred to Mr Walkinshaw’s good record and his frank admission of the breach.
----
Mr Walkinshaw stated that he admitted breaching the Rule but submitted that there had been no interference to any other runner and that he had, shortly after the start, dropped back onto the back of the MISSIES BOY. There were “no dramas”, he submitted.
----
--
REASONS:
--The Committee was satisfied that the breach could properly be dealt with by way of a fine. In determining the amount of fine, the Committee agreed with Mr Ydgren’s submission that a $400 fine, as recommended by the Penalty Guide, would be excessive. The Committee took into account Mr Walkinshaw’s frank admission of the breach and his previous good record. The Committee assessed the breach at the lower end of the scale, notwithstanding that it resulted in the disqualification of WOODLEA COSMOS from the race. The Committee noted that there was no 4th stake payable for the race but recognised that the outcome of the First 4 betting option on the race was affected by the disqualification.
----
The Committee also looked at the database of penalties for breaches of the Rule, going back to the 2004/2005 season. Weighing all factors, the Committee was satisfied that the appropriate fine in this case was $200.
----
PENALTY:
--Mr Walkinshaw was fined the sum of $200.
----
--
R G McKenzie S C Ching
--Chairman Committee Member
--68814
----
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 862(2)
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 45d95dc620061d7bfac562089c095476
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: 4360c78fca9b47ed82a90c3fe2984407
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 27/07/2010
meet_title: NZ Metro TC - 27 July 2010
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: tom
meet_pm1: tom
meet_pm2: tom
name: NZ Metro TC