NZ Metro TC – 9 March 2006 – Race 1
ID: JCA20001
Hearing Type (Code):
harness-racing
Meet Title:
NZ Metro TC - 9 March 2006
Race Date:
2006/03/09
Race Number:
Race 1
Decision: --
Following the running of Race 1, Anderson & Hill Sportspower Mobile Trot, an information was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Open Driver, Mr B N Orange, alleging that Mr Orange "allowed JASMYNE to start three quarters of a length in advance of the second line when JASMYNE had drawn unruly"
--
DECISION AND REASONS:
--Following the running of Race 1, Anderson & Hill Sportspower Mobile Trot, an information was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Open Driver, Mr B N Orange, alleging that Mr Orange "allowed JASMYNE to start three quarters of a length in advance of the second line when JASMYNE had drawn unruly"
----Mr Orange did not admit the breach.
----Mr B D Williams, Assistant Stipendiary Steward, showed a video replay of the start of the race, a mobile 1950 metres event. Mr Williams pointed out the exact starting point. He stated that at the start, the only horse right up to the barrier arm was HOUDINI STAR which had drawn 2. Most other runners were back approximately a half length "in varying positions". JASMYNE on the outside of the field was, at best, within ? length of HOUDINI STAR, which was in its correct position. The second line started at the back of HOUDINI STAR's driver. JASMYNE was in advance of where it should have been.
----Mr Orange stated that his horse was a very difficult horse to drive. He was "back quite a way" and there were five horses inside him not on the gate where they should have been. He had looked across and had a good view. His horse had too much gate speed and had gone forward. He had gained no advantage, no other horse had been interfered with and his horse had run "a poor 5th", Mr Orange said.
----Following a deliberation, the Committee delivered the following oral decision:
--"The Committee has considered the evidence of both the Stipendiary Stewards and Mr Orange including a consideration of the video footage of the start of the race shown to us. It was the allegation of the Stipendiary Stewards that Mr Orange had allowed his horse to start ? length in advance of the second line. Rule 860 (5) (a) requires a horse declared to be unruly to start from the second line. We are satisfied from the video footage that JASMYNE, at the point of the start, was clearly in advance of a second line starting position and, therefore, a breach of the Rule has been established.
----We accept Mr Orange's submission that no advantage was gained and the horse ran 5th in a seven horse field. However, as I said, a technical breach of the Rule has been made out and, accordingly, the charge is found to be proved.
----In relation to penalty, Mr McIntyre informed the Committee that Mr Orange had not previously committed a breach of the Rule. Mr McIntyre said that the ramifications of the breach were not great as JASMYNE had not finished in a stakes-bearing placing. However, all drivers are required to ensure they know the Rules of Harness Racing. He recommended a fine of $150-200.
----Mr Orange submitted that a fine of $150-200 would be excessive. He confirmed he was in a position to pay a fine. He submitted that in such circumstances normally a warning only would be issued.
----Following a further deliberation, the Committee delivered the following oral decision in relation to penalty:
--"In arriving at a penalty in this case, we have taken into account a number of factors. Firstly, we have taken into account Mr Orange's good record ? the fact that he has not breached this Rule previously. We have also taken into account that there were, in this case, no ramifications in terms of having to consider a disqualification of the horse. We have taken into account, thirdly, the fact that the breach was, in a sense, a technical one and the fact that it was a "victimless crime". Finally, we have taken into account, also, that the race was one for 3-year-old trotters and the start was somewhat untidy with only one horse being up on the mobile gate. So, considering all of those factors, most of which are mitigating, we have decided that a fine of $100 is appropriate and you are fined the sum of $100 accordingly, Mr Orange."
------RG McKenzie
--CHAIRMAN
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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: 5e346a31887b034849426e316d4401ae
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 09/03/2006
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: NZ Metro TC - 9 March 2006 - Race 1
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--Following the running of Race 1, Anderson & Hill Sportspower Mobile Trot, an information was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Open Driver, Mr B N Orange, alleging that Mr Orange "allowed JASMYNE to start three quarters of a length in advance of the second line when JASMYNE had drawn unruly"
--
DECISION AND REASONS:
--Following the running of Race 1, Anderson & Hill Sportspower Mobile Trot, an information was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Open Driver, Mr B N Orange, alleging that Mr Orange "allowed JASMYNE to start three quarters of a length in advance of the second line when JASMYNE had drawn unruly"
----Mr Orange did not admit the breach.
----Mr B D Williams, Assistant Stipendiary Steward, showed a video replay of the start of the race, a mobile 1950 metres event. Mr Williams pointed out the exact starting point. He stated that at the start, the only horse right up to the barrier arm was HOUDINI STAR which had drawn 2. Most other runners were back approximately a half length "in varying positions". JASMYNE on the outside of the field was, at best, within ? length of HOUDINI STAR, which was in its correct position. The second line started at the back of HOUDINI STAR's driver. JASMYNE was in advance of where it should have been.
----Mr Orange stated that his horse was a very difficult horse to drive. He was "back quite a way" and there were five horses inside him not on the gate where they should have been. He had looked across and had a good view. His horse had too much gate speed and had gone forward. He had gained no advantage, no other horse had been interfered with and his horse had run "a poor 5th", Mr Orange said.
----Following a deliberation, the Committee delivered the following oral decision:
--"The Committee has considered the evidence of both the Stipendiary Stewards and Mr Orange including a consideration of the video footage of the start of the race shown to us. It was the allegation of the Stipendiary Stewards that Mr Orange had allowed his horse to start ? length in advance of the second line. Rule 860 (5) (a) requires a horse declared to be unruly to start from the second line. We are satisfied from the video footage that JASMYNE, at the point of the start, was clearly in advance of a second line starting position and, therefore, a breach of the Rule has been established.
----We accept Mr Orange's submission that no advantage was gained and the horse ran 5th in a seven horse field. However, as I said, a technical breach of the Rule has been made out and, accordingly, the charge is found to be proved.
----In relation to penalty, Mr McIntyre informed the Committee that Mr Orange had not previously committed a breach of the Rule. Mr McIntyre said that the ramifications of the breach were not great as JASMYNE had not finished in a stakes-bearing placing. However, all drivers are required to ensure they know the Rules of Harness Racing. He recommended a fine of $150-200.
----Mr Orange submitted that a fine of $150-200 would be excessive. He confirmed he was in a position to pay a fine. He submitted that in such circumstances normally a warning only would be issued.
----Following a further deliberation, the Committee delivered the following oral decision in relation to penalty:
--"In arriving at a penalty in this case, we have taken into account a number of factors. Firstly, we have taken into account Mr Orange's good record ? the fact that he has not breached this Rule previously. We have also taken into account that there were, in this case, no ramifications in terms of having to consider a disqualification of the horse. We have taken into account, thirdly, the fact that the breach was, in a sense, a technical one and the fact that it was a "victimless crime". Finally, we have taken into account, also, that the race was one for 3-year-old trotters and the start was somewhat untidy with only one horse being up on the mobile gate. So, considering all of those factors, most of which are mitigating, we have decided that a fine of $100 is appropriate and you are fined the sum of $100 accordingly, Mr Orange."
------RG McKenzie
--CHAIRMAN
----------
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 860.5.a
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 68704c870132ecf444dfd5f26e4df311
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 1
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meetid: a1e38f1b2ae4dce31ca47bba58b45546
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 09/03/2006
meet_title: NZ Metro TC - 9 March 2006
meet_expappcomment:
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tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair:
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meet_pm2:
name: NZ Metro TC