Rangiora HRC 26 April 2015 – R 1
ID: JCA16744
Meet Title:
Rangiora HRC - 26 April 2015
Meet Chair:
RMcKenzie
Meet Committee Member 1:
GClapp
Race Date:
2015/04/26
Race Number:
R1
Decision:
Mr McClelland having admitted the breach, the charge was found proved.
Penalty:
Mr McClelland was fined the sum of $200.
Facts:
Following the running of Race 1, Dakins Group Mobile Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Horseman, Mr P C McClelland, alleging that, as the driver of CHRISTIAN LADY in the race, he “allowed his horse to start from the incorrect barrier position”.
Mr McClelland 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 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 860 provides as follows:-
(5) Unless directed by a Stipendiary Steward, a horse declared to be unruly shall be placed:
(a) in the case of a mobile start from the second line no closer in than barrier position five.
Mr Renault said that CHRISTIAN LADY, driven by Mr McClelland, had drawn barrier position Unruly 1 at the 2600 metres mobile start race. There was one other runner drawn to start from barrier position 1 on the second row.
Mr Renault had Co-Chief Stipendiary Steward, Mr N G McIntyre, show a head on video replay of the start of the race. He pointed out CHRISTIAN LADY, approaching the start, directly behind MILLWOOD LANOCH, which had drawn barrier position 5 on the front row. Mr McIntyre said that prior to the green light indicating the start of the race, CHRISTIAN LADY had moved down into a position behind the horse (YIPPE KI YAY) that had drawn 4 on the front row. Mr McIntyre submitted that it was clear that CHRISTIAN LADY had started from inside its correct barrier position. He said that the Stewards were satisfied that CHRISTIAN LADY had not gained any advantage and, therefore, had not protested against its 3rd placing.
Mr Renault submitted that it could be seen, from the position of his hands, that Mr McClelland was directing the horse down prior to the start.
Mr McClelland said that, in the run up, the horse was correctly behind MILLWOOD LANOCH but he acknowledged that, as it rounded the bend, the horse had shifted down. He denied that he was steering the horse down but said he was actually pulling on the right rein. The horse was inclined to run in and was wearing a pricker on the near side, he said.
Submissions for Penalty:
Mr Renault said that Mr McClelland has a clear record. He drives only his own horses, so does not drive often. This was his first drive since January 2015.
Mr Renault referred to the Penalty Guide which suggests a starting point of 8 drives or a $400 fine, but a penalty of that magnitude is warranted normally in the case of the horse gaining an advantage, which was not the case here, he submitted.
The most recent similar breach of this Rule was at Ashburton in February of this year for which the driver involved was fined $200. Mr Renault submitted that, for the sake of consistency, a fine of $200 was appropriate in this case.
Mr McClelland submitted that it was not a serious breach. Although the horse had started from one barrier position closer in, there was a lot of space on its inside and a horse is inclined to run down towards the rail. Further, it was only in the last 50 metres prior to the start that the mare had run down. He had been trying to correct her. He referred to the Ashburton penalty and submitted that it had been a more serious case than this one, so the fine in this case should be less.
Reasons for Penalty:
In determining penalty, the Committee had regard to Mr McClelland’s frank admission of the breach and his clear record, albeit from a small number of drives. The Committee also considered that this was a minor breach, as CHRISTIAN LADY had started only one barrier position out of its correct position and, in the view of the Stewards, had not gained any advantage.
The combination of those factors, the Committee decided, warranted a discount of $200 from the starting point of a $400 fine as per the Penalty Guide. The Committee noted that only one previous case in recent times had been dealt with by a fine of less than $200.
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: dae9c65c6124b5ff2c11b2598485b6a2
informantnumber: A4437
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Incorrect barrier position
plea: admitted
penaltyrequired: 1
decisiondate: 18/04/2015
hearing_title: Rangiora HRC 26 April 2015 - R 1
charge:
facts:
Following the running of Race 1, Dakins Group Mobile Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Horseman, Mr P C McClelland, alleging that, as the driver of CHRISTIAN LADY in the race, he “allowed his horse to start from the incorrect barrier position”.
Mr McClelland 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 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 860 provides as follows:-
(5) Unless directed by a Stipendiary Steward, a horse declared to be unruly shall be placed:
(a) in the case of a mobile start from the second line no closer in than barrier position five.
Mr Renault said that CHRISTIAN LADY, driven by Mr McClelland, had drawn barrier position Unruly 1 at the 2600 metres mobile start race. There was one other runner drawn to start from barrier position 1 on the second row.
Mr Renault had Co-Chief Stipendiary Steward, Mr N G McIntyre, show a head on video replay of the start of the race. He pointed out CHRISTIAN LADY, approaching the start, directly behind MILLWOOD LANOCH, which had drawn barrier position 5 on the front row. Mr McIntyre said that prior to the green light indicating the start of the race, CHRISTIAN LADY had moved down into a position behind the horse (YIPPE KI YAY) that had drawn 4 on the front row. Mr McIntyre submitted that it was clear that CHRISTIAN LADY had started from inside its correct barrier position. He said that the Stewards were satisfied that CHRISTIAN LADY had not gained any advantage and, therefore, had not protested against its 3rd placing.
Mr Renault submitted that it could be seen, from the position of his hands, that Mr McClelland was directing the horse down prior to the start.
Mr McClelland said that, in the run up, the horse was correctly behind MILLWOOD LANOCH but he acknowledged that, as it rounded the bend, the horse had shifted down. He denied that he was steering the horse down but said he was actually pulling on the right rein. The horse was inclined to run in and was wearing a pricker on the near side, he said.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr McClelland having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Renault said that Mr McClelland has a clear record. He drives only his own horses, so does not drive often. This was his first drive since January 2015.
Mr Renault referred to the Penalty Guide which suggests a starting point of 8 drives or a $400 fine, but a penalty of that magnitude is warranted normally in the case of the horse gaining an advantage, which was not the case here, he submitted.
The most recent similar breach of this Rule was at Ashburton in February of this year for which the driver involved was fined $200. Mr Renault submitted that, for the sake of consistency, a fine of $200 was appropriate in this case.
Mr McClelland submitted that it was not a serious breach. Although the horse had started from one barrier position closer in, there was a lot of space on its inside and a horse is inclined to run down towards the rail. Further, it was only in the last 50 metres prior to the start that the mare had run down. He had been trying to correct her. He referred to the Ashburton penalty and submitted that it had been a more serious case than this one, so the fine in this case should be less.
reasonsforpenalty:
In determining penalty, the Committee had regard to Mr McClelland’s frank admission of the breach and his clear record, albeit from a small number of drives. The Committee also considered that this was a minor breach, as CHRISTIAN LADY had started only one barrier position out of its correct position and, in the view of the Stewards, had not gained any advantage.
The combination of those factors, the Committee decided, warranted a discount of $200 from the starting point of a $400 fine as per the Penalty Guide. The Committee noted that only one previous case in recent times had been dealt with by a fine of less than $200.
penalty:
Mr McClelland was fined the sum of $200.
hearing_type: Hearing
Rules: 862(2)
Informant: Mr S P Renault - Stipendiary Steward
JockeysandTrainer: P C McClelland, Licensed Open Horseman
Otherperson: Mr N G McIntyre - Co-Chief Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 56d96be33ccc25df86065243bf8ea481
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:
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meetid: bb739e9cbffa1e0bc0f205507f73cbb9
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waitingforpublication: 0
meet_emailed1: 0
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meetdate: 26/04/2015
meet_title: Rangiora HRC - 26 April 2015
meet_expappcomment:
meet_km:
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tracklocation: rangiora-hrc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: GClapp
meet_pm2: none
name: Rangiora HRC