NZ Metro TC 29 April 2016 – R 1 – Chair, Mr R McKenzie
ID: JCA16317
Meet Title:
NZ Metro TC - 29 April 2016
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2016/04/29
Race Number:
R1
Decision:
Mr Bull having admitted the charge, the charge was found proved.
Penalty:
Mr Bull was fined the sum of $200.
Facts:
Following the running of Race 1, Hydroflow–Bishopdale & Bush Inn TAB’s Amateur Drivers Mobile Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Advanced Amateur Driver, Mr G B Bull, alleging that Mr Bull, as the driver of KING CYRIL in the race, “permitted his horse to start in the incorrect barrier position”.
Mr Bull had signed the Statement by the Respondent on the information form indicating that he admitted the breach. Mr Renault confirmed to the Committee that Mr Bull did not wish to be present at the hearing.
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 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).
Rule 859 provides as follows:
(5) Unless otherwise directed by a Stipendiary Steward, a horse declared to be unruly shall be placed:
(a) in the case of mobile start from the second line no closer in than barrier position five.
Mr Renault told the Committee that KING CYRIL, driven by Mr Bull, had drawn to start from barrier position Unruly 1, the only horse to start from the unruly position in the 2600 metres mobile start event. One other runner had drawn to start from the inside of the second row, he said. Mr Bull should have been following behind BILLY JACK, which had drawn barrier position 5 on the front row (see Rule 859 (5) (a) as above), Mr Renault said.
Mr Renault then showed on video replays the start point of the race which clearly showed that KING CYRIL was directly behind the horse that had drawn barrier position 4 on the front row, AS KIWI AS, when the start was declared.
Submissions for Penalty:
Mr Renault referred the Committee to the Penalty Guide which suggested a starting point for penalty of a $400 fine. He also referred to a similar case on almost identical facts at Rangiora on 26 April 2015 in which case the driver was fined $200. There were little in the case of consequential effects in the present case as KING CYRIL was unplaced in the race, he said.
Mr Bull had a good record, Mr Renault said, and had admitted the breach. On that basis, Mr Renault submitted that a fine of $200 was appropriate.
Reasons for Penalty:
The Committee in reaching a decision on penalty took the starting point suggested by the Penalty Guide of a $400 fine. There were a number of mitigating factors to be taken into account including Mr Bull’s admission of the breach, his previous good record and the fact, as the Committee found, that the breach was minor. It was satisfied that Mr Bull had gained no advantage from starting one barrier position in from where he was drawn to start.
JCA Decision Fields (raw)
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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: d8b071ba7944cf1c65c738a812a707d3
informantnumber: A1674
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Incorrect Barrier Position
plea: admitted
penaltyrequired: 1
decisiondate: 03/05/2016
hearing_title: NZ Metro TC 29 April 2016 - R 1 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 1, Hydroflow–Bishopdale & Bush Inn TAB’s Amateur Drivers Mobile Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Advanced Amateur Driver, Mr G B Bull, alleging that Mr Bull, as the driver of KING CYRIL in the race, “permitted his horse to start in the incorrect barrier position”.
Mr Bull had signed the Statement by the Respondent on the information form indicating that he admitted the breach. Mr Renault confirmed to the Committee that Mr Bull did not wish to be present at the hearing.
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 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).
Rule 859 provides as follows:
(5) Unless otherwise directed by a Stipendiary Steward, a horse declared to be unruly shall be placed:
(a) in the case of mobile start from the second line no closer in than barrier position five.
Mr Renault told the Committee that KING CYRIL, driven by Mr Bull, had drawn to start from barrier position Unruly 1, the only horse to start from the unruly position in the 2600 metres mobile start event. One other runner had drawn to start from the inside of the second row, he said. Mr Bull should have been following behind BILLY JACK, which had drawn barrier position 5 on the front row (see Rule 859 (5) (a) as above), Mr Renault said.
Mr Renault then showed on video replays the start point of the race which clearly showed that KING CYRIL was directly behind the horse that had drawn barrier position 4 on the front row, AS KIWI AS, when the start was declared.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Bull having admitted the charge, the charge was found proved.
sumissionsforpenalty:
Mr Renault referred the Committee to the Penalty Guide which suggested a starting point for penalty of a $400 fine. He also referred to a similar case on almost identical facts at Rangiora on 26 April 2015 in which case the driver was fined $200. There were little in the case of consequential effects in the present case as KING CYRIL was unplaced in the race, he said.
Mr Bull had a good record, Mr Renault said, and had admitted the breach. On that basis, Mr Renault submitted that a fine of $200 was appropriate.
reasonsforpenalty:
The Committee in reaching a decision on penalty took the starting point suggested by the Penalty Guide of a $400 fine. There were a number of mitigating factors to be taken into account including Mr Bull’s admission of the breach, his previous good record and the fact, as the Committee found, that the breach was minor. It was satisfied that Mr Bull had gained no advantage from starting one barrier position in from where he was drawn to start.
penalty:
Mr Bull was fined the sum of $200.
hearing_type: Hearing
Rules: 862(2)
Informant: S P Renault, Stipendiary Steward
JockeysandTrainer: G B Bull, Licensed Advanced Amateur Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: bb5c241a2074fd5a95831612b2efb43b
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 6b7f8da382551ed2a4ba25bb80b25049
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 29/04/2016
meet_title: NZ Metro TC - 29 April 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: SChing
meet_pm2: none
name: NZ Metro TC