Archive Decision

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NZ Metro TC 29 January 2016 – R 6 – Chair, Mr S Ching

ID: JCA13713

Applicant:
S Renault-Stipendiary Steward

Respondent(s):
R Payne-Open Horseman

Information Number:
A1668

Hearing Type:
Hearing

New Charge:
Breach of Rule 857(7)(e)

Rules:
857(7)(e)

Plea:
admitted

Meet Title:
NZ Metro TC - 29 January 2016

Meet Chair:
SChing

Meet Committee Member 1:
GClapp

Race Date:
2016/01/29

Race Number:
R6

Decision:

As Mr Payne had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).

Penalty:

Mr Payne was fined the sum of $200.

Facts:

Following the running of Race 6, the (SBSR) Macca Lodge, Toddy Breeding, Duncraigen Farm Mobile Pace, an Information was filed by Stipendiary Steward Mr S Renault against Open Horseman Mr R Payne, the driver of KARDESLER alleging a breach of Rule 857(7)(e) in that he crossed over before reaching the starting point.

Rule 857(7)(e) reads as follows –

(7) No horseman shall:-

(e) cross over before reaching the starting point;

Mr Payne had indicated on the Information that this breach of the Rules was admitted and he confirmed this at the hearing. Mr Payne had also informed the Stewards that he did not wish to be present at the hearing.

Mr Renault gave evidence and used video coverage to show that Mr Payne, driving KARDESLER, had drawn 6 on the front line in this 1950m mobile start race. He stated that in the score up to the start, KARDESLER, began to pace roughly and was back from the barrier arm when the mobile barrier was in the final stages of the score up. Mr Renault said that just prior to the start being declared, Mr Payne, steered KARDESLER, down the track into a position directly behind the horse drawn 5 at the barrier, BETTOR BE NOISY, driven by Miss K Cox. He stated that Mr Payne had clearly crossed over prior to the starting point and was in breach of the rule.

Submissions for Penalty:

In relation to penalty it was established that Mr Payne had a clear record in relation to this rule. Mr Renault stated that the JCA penalty guide indicated a fine of $250 for a breach of this rule and submitted a fine in a range of $150 to $200 be considered as penalty in this case.

Reasons for Penalty:

In considering the matter of an appropriate penalty we took into account Mr Payne’s ready admission of the breach and his good record. In taking the JCA Penalty Guide of a starting point of $250 for a breach of this rule we were able to give Mr Payne a discount of $50 for his admission of the breach and his good record. We therefore determined that a fine of $200 was 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: 5b97576d5821b0e157b295c611dad703


informantnumber: A1668


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Breach of Rule 857(7)(e)


plea: admitted


penaltyrequired: 1


decisiondate: 02/02/2016


hearing_title: NZ Metro TC 29 January 2016 - R 6 - Chair, Mr S Ching


charge:


facts:

Following the running of Race 6, the (SBSR) Macca Lodge, Toddy Breeding, Duncraigen Farm Mobile Pace, an Information was filed by Stipendiary Steward Mr S Renault against Open Horseman Mr R Payne, the driver of KARDESLER alleging a breach of Rule 857(7)(e) in that he crossed over before reaching the starting point.

Rule 857(7)(e) reads as follows –

(7) No horseman shall:-

(e) cross over before reaching the starting point;

Mr Payne had indicated on the Information that this breach of the Rules was admitted and he confirmed this at the hearing. Mr Payne had also informed the Stewards that he did not wish to be present at the hearing.

Mr Renault gave evidence and used video coverage to show that Mr Payne, driving KARDESLER, had drawn 6 on the front line in this 1950m mobile start race. He stated that in the score up to the start, KARDESLER, began to pace roughly and was back from the barrier arm when the mobile barrier was in the final stages of the score up. Mr Renault said that just prior to the start being declared, Mr Payne, steered KARDESLER, down the track into a position directly behind the horse drawn 5 at the barrier, BETTOR BE NOISY, driven by Miss K Cox. He stated that Mr Payne had clearly crossed over prior to the starting point and was in breach of the rule.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Payne had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).


sumissionsforpenalty:

In relation to penalty it was established that Mr Payne had a clear record in relation to this rule. Mr Renault stated that the JCA penalty guide indicated a fine of $250 for a breach of this rule and submitted a fine in a range of $150 to $200 be considered as penalty in this case.


reasonsforpenalty:

In considering the matter of an appropriate penalty we took into account Mr Payne’s ready admission of the breach and his good record. In taking the JCA Penalty Guide of a starting point of $250 for a breach of this rule we were able to give Mr Payne a discount of $50 for his admission of the breach and his good record. We therefore determined that a fine of $200 was an appropriate penalty in this case.


penalty:

Mr Payne was fined the sum of $200.


hearing_type: Hearing


Rules: 857(7)(e)


Informant: S Renault-Stipendiary Steward


JockeysandTrainer: R Payne-Open Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 72449ee2986a4307f0885ae5658343d9


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R6


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: f4a6fb3c3838a8799d7031a5514dcb9c


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 29/01/2016


meet_title: NZ Metro TC - 29 January 2016


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: nz-metro-tc


meet_racingtype: harness-racing


meet_chair: SChing


meet_pm1: GClapp


meet_pm2: none


name: NZ Metro TC