NZ Metro TC 9 October 2015 – R 1 – Chair, Mr R McKenzie
ID: JCA17447
Meet Title:
NZ Metro TC - 9 October 2015
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2015/10/09
Race Number:
R1
Decision:
Mr Pearson having admitted the charge, the charge was found proved.
Penalty:
Mr Pearson was fined the sum of $200.
Facts:
Following the running of Race 1, Barry Dent Superannuation Consulting Mobile Pace, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Mr G J Pearson, alleging a breach of Rule 857 (7) (e) in that, as the driver of ALBUQUERQUE in the race, he “started from the incorrect position”.
Mr Pearson was present at the hearing of the information and he indicated that he admitted the breach.
Rule 857 provides as follows:
(7) No horseman shall:-
(e) cross over before reaching the starting point.
Mr Ydgren showed head-on and side-on video replays of the start of the race, a 1950 metres mobile start event. He pointed out that, prior to the start, ALBUQUERQUE was in its correct barrier position of 3 on the second row. However, approximately 30 metres before the start point, it crossed down to the position of 2 on the second row, that position having been vacated by GUNPOWDER, which had galloped and lost ground in the score-up. ALBUQUERQUE should have remained in its position behind the horse that had drawn barrier position 3 on the front row, Mr Ydgren submitted.
Mr Pearson said that he had gone down too soon. The mobile gate had sped up and he elected to take up the position that was available inside him. GUNPOWDER had galloped some distance prior to that and the position of 2 on the second row had been available for some time, he said. Mr Pearson acknowledged that he knew that he was required to remain in position but he waited until, he thought, the field was at the start. He said he had made a misjudgement.
Submissions for Penalty:
Mr Ydgren referred to a similar recent incident, of which the Committee was aware, in which the driver was charged with starting from the incorrect barrier position - Rule 862 (2) - and had been fined the sum of $200.
Mr Pearson has a clear record and has admitted the breach, Mr Ydgren said.
Rule 857 (7) (e) is not mentioned in the Penalty Guide but failing to come up into and/or maintain position is – Rule 857 (7) (g). The starting point for a breach of that Rule is a fine of $250, Mr Ydgren said. He submitted that a fine of no more than $200 was appropriate in the present case.
Mr Pearson told the Committee that this was the first time he had been charged – his “first breach ever”. He submitted that the breach was “fairly minor”.
Reasons for Penalty:
The Committee accepted that the appropriate starting point was a fine of $250. Fines imposed for breaches of Rule 857 (7) (g) appear to range between $150 and $250. In this case, Mr Pearson is entitled to a discount for his good record and his admission of the breach. In addition, the breach was low level in the Committee’s view.
JCA Decision Fields (raw)
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hearingid: e4dcc218be88488689ae34381b708da0
informantnumber: A6726
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Started from the incorrect position
plea: admitted
penaltyrequired: 1
decisiondate: 12/10/2015
hearing_title: NZ Metro TC 9 October 2015 - R 1 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 1, Barry Dent Superannuation Consulting Mobile Pace, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Mr G J Pearson, alleging a breach of Rule 857 (7) (e) in that, as the driver of ALBUQUERQUE in the race, he “started from the incorrect position”.
Mr Pearson was present at the hearing of the information and he indicated that he admitted the breach.
Rule 857 provides as follows:
(7) No horseman shall:-
(e) cross over before reaching the starting point.
Mr Ydgren showed head-on and side-on video replays of the start of the race, a 1950 metres mobile start event. He pointed out that, prior to the start, ALBUQUERQUE was in its correct barrier position of 3 on the second row. However, approximately 30 metres before the start point, it crossed down to the position of 2 on the second row, that position having been vacated by GUNPOWDER, which had galloped and lost ground in the score-up. ALBUQUERQUE should have remained in its position behind the horse that had drawn barrier position 3 on the front row, Mr Ydgren submitted.
Mr Pearson said that he had gone down too soon. The mobile gate had sped up and he elected to take up the position that was available inside him. GUNPOWDER had galloped some distance prior to that and the position of 2 on the second row had been available for some time, he said. Mr Pearson acknowledged that he knew that he was required to remain in position but he waited until, he thought, the field was at the start. He said he had made a misjudgement.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Pearson having admitted the charge, the charge was found proved.
sumissionsforpenalty:
Mr Ydgren referred to a similar recent incident, of which the Committee was aware, in which the driver was charged with starting from the incorrect barrier position - Rule 862 (2) - and had been fined the sum of $200.
Mr Pearson has a clear record and has admitted the breach, Mr Ydgren said.
Rule 857 (7) (e) is not mentioned in the Penalty Guide but failing to come up into and/or maintain position is – Rule 857 (7) (g). The starting point for a breach of that Rule is a fine of $250, Mr Ydgren said. He submitted that a fine of no more than $200 was appropriate in the present case.
Mr Pearson told the Committee that this was the first time he had been charged – his “first breach ever”. He submitted that the breach was “fairly minor”.
reasonsforpenalty:
The Committee accepted that the appropriate starting point was a fine of $250. Fines imposed for breaches of Rule 857 (7) (g) appear to range between $150 and $250. In this case, Mr Pearson is entitled to a discount for his good record and his admission of the breach. In addition, the breach was low level in the Committee’s view.
penalty:
Mr Pearson was fined the sum of $200.
hearing_type: Hearing
Rules: 857(7)(e)
Informant: Mr N M Ydgren - Stipendiary Steward
JockeysandTrainer: Mr G J Pearson - Licensed Open Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 16fb725557e93d95f937e8e3116a4322
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: 9ef1305b7b320b98b7ddc78a750829b0
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 09/10/2015
meet_title: NZ Metro TC - 9 October 2015
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