Rangiora HRC 30 June 2013 – R 2
ID: JCA10641
Meet Title:
Rangiora HRC - 30 June 2013
Meet Chair:
JPhelan
Meet Committee Member 1:
KHales
Race Date:
2013/06/30
Race Number:
R 2
Decision:
The charge was found to be proved.
Penalty:
Mr Wallace’s Advanced Amateur Driver’s Licence was suspended from after the completion of racing on 30 June 2013 until after the completion of racing on 28 July 2013. This period of suspension includes race meetings at Oamaru on 14 July and Rangiora on 28 July 2013, and amounts to a two drive suspension.
Charge:
Alleged dropping leg from sulky rest
Facts:
Following the running of Race 2, the Bishopdale-Bush Inn TAB’s Amateur Drivers Mobile Pace, Stipendiary Steward Mr R. A. Quirk filed an Information against Advanced Amateur Driver Mr P. Wallace alleging a breach of Rule 867. It was alleged that Mr Wallace had dropped his leg from the sulky rest for some distance on the home turn when driving “Caesar’s Flame” (1).
The charge reads as follows:
“I the above named informant allege that the above named Respondent committed a breach of Rule 867 (in that) Mr Wallace drove for some distance on the home turn and early in the home straight with his foot out of the sulky footrest while hitting the horse with the whip.”
Rule 867 reads as follows –
“Every horseman shall drive throughout the race with both feet in the rests of the sulky provided for that purpose.”
Mr Wallace had indicated on the Information that this breach of the Rules was admitted, and he confirmed this at the hearing. Mr Wallace also agreed that he understood the charge and the Rule it was brought under.
Submissions for Decision:
Mr Quirk gave evidence and used video coverage to show that on the home turn Mr Wallace had dropped his left leg from the footrest, and had driven in that position for some distance before taking corrective action. Mr Quirk also said that drivers were given some leeway in relation to this Rule, and as long as the leg was returned to its proper place quickly, no action would be taken. On this occasion Mr Wallace had left his foot out of the footrest for far too long.
In relation to the facts of this matter Mr Wallace explained that he had not used this particular sulky before, and that it was set up for a much taller driver than himself. Although there had been alterations made before that race to accommodate his height, these had not been entirely successful. When he “pulled the cord” on the home bend his foot had slipped out of the rest. Mr Wallace did agree that he had left his foot out for far too long, and hence the admission of the breach.
Reasons for Decision:
As Mr Wallace had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Submissions for Penalty:
In relation to penalty Mr Quirk advised that Mr Wallace had not previously breached this Rule and the breach was admitted. Mr Quirk referred to the Penalty Guide which recommended a starting point of a two drive suspension or a fine of $100-00, and submitted that a fine of $100-00 should be imposed in this case.
Mr Wallace made submissions that as an Amateur Driver he did not get paid, and that a fine of $100-00 was excessive. After further discussions Mr Wallace said that he would prefer a suspension to a fine. It was established that Mr Wallace would have the opportunity to drive in Amateur races on 14 and 28 July 2013.
Reasons for Penalty:
In considering the matter of an appropriate penalty we took into account that Mr Wallace had admitted the breach, and also that he had not previously breached this Rule. The Penalty Guide recommends a fine of $100-00 or a two drive suspension as a starting point for a breach of this Rule. In this case we were satisfied that a two drive suspension should be imposed.
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: 0687030de7832c1f185457131f6e788c
informantnumber: A1608
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 24/06/2013
hearing_title: Rangiora HRC 30 June 2013 - R 2
charge:
Alleged dropping leg from sulky rest
facts:
Following the running of Race 2, the Bishopdale-Bush Inn TAB’s Amateur Drivers Mobile Pace, Stipendiary Steward Mr R. A. Quirk filed an Information against Advanced Amateur Driver Mr P. Wallace alleging a breach of Rule 867. It was alleged that Mr Wallace had dropped his leg from the sulky rest for some distance on the home turn when driving “Caesar’s Flame” (1).
The charge reads as follows:
“I the above named informant allege that the above named Respondent committed a breach of Rule 867 (in that) Mr Wallace drove for some distance on the home turn and early in the home straight with his foot out of the sulky footrest while hitting the horse with the whip.”
Rule 867 reads as follows –
“Every horseman shall drive throughout the race with both feet in the rests of the sulky provided for that purpose.”
Mr Wallace had indicated on the Information that this breach of the Rules was admitted, and he confirmed this at the hearing. Mr Wallace also agreed that he understood the charge and the Rule it was brought under.
appealdecision:
isappeal:
submissionsfordecision:
Mr Quirk gave evidence and used video coverage to show that on the home turn Mr Wallace had dropped his left leg from the footrest, and had driven in that position for some distance before taking corrective action. Mr Quirk also said that drivers were given some leeway in relation to this Rule, and as long as the leg was returned to its proper place quickly, no action would be taken. On this occasion Mr Wallace had left his foot out of the footrest for far too long.
In relation to the facts of this matter Mr Wallace explained that he had not used this particular sulky before, and that it was set up for a much taller driver than himself. Although there had been alterations made before that race to accommodate his height, these had not been entirely successful. When he “pulled the cord” on the home bend his foot had slipped out of the rest. Mr Wallace did agree that he had left his foot out for far too long, and hence the admission of the breach.
reasonsfordecision:
As Mr Wallace had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Decision:
The charge was found to be proved.
sumissionsforpenalty:
In relation to penalty Mr Quirk advised that Mr Wallace had not previously breached this Rule and the breach was admitted. Mr Quirk referred to the Penalty Guide which recommended a starting point of a two drive suspension or a fine of $100-00, and submitted that a fine of $100-00 should be imposed in this case.
Mr Wallace made submissions that as an Amateur Driver he did not get paid, and that a fine of $100-00 was excessive. After further discussions Mr Wallace said that he would prefer a suspension to a fine. It was established that Mr Wallace would have the opportunity to drive in Amateur races on 14 and 28 July 2013.
reasonsforpenalty:
In considering the matter of an appropriate penalty we took into account that Mr Wallace had admitted the breach, and also that he had not previously breached this Rule. The Penalty Guide recommends a fine of $100-00 or a two drive suspension as a starting point for a breach of this Rule. In this case we were satisfied that a two drive suspension should be imposed.
penalty:
Mr Wallace’s Advanced Amateur Driver’s Licence was suspended from after the completion of racing on 30 June 2013 until after the completion of racing on 28 July 2013. This period of suspension includes race meetings at Oamaru on 14 July and Rangiora on 28 July 2013, and amounts to a two drive suspension.
hearing_type: Hearing
Rules: Rule 867
Informant: Mr R. A. Quirk - Stipendiary Steward
JockeysandTrainer: Mr P. Wallace - Advance Amateur Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: e17365f78e84a5f50934a291cf52f6f7
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: aa185e8c837f6fb7f6f24023c1c83f52
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 30/06/2013
meet_title: Rangiora HRC - 30 June 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: rangiora-hrc
meet_racingtype: harness-racing
meet_chair: JPhelan
meet_pm1: KHales
meet_pm2: none
name: Rangiora HRC