Taranaki TC 3 April 2016 – R 3 – Chair, Mr P Williams
ID: JCA17058
Meet Title:
Taranaki TC - 3 April 2016
Meet Chair:
PWilliams
Meet Committee Member 1:
TBird
Race Date:
2016/04/03
Race Number:
R3
Decision:
Penalty:
Facts:
Following the running of Race 3, the “Classic Carpets Mobile Pace” Information A3726 was filed by Stipendiary Steward Mr J Muirhead alleging a breach of Rule 857(7)(d) by Open Horseman Mr A Pyers. The Information stated “in that he started “Golden Bullion” from an incorrect barrier position”.
Mr Pyers signed the Information admitting the breach and also that did not wish to attend the hearing. At the start of the hearing Mr Muirhead made a point of saying he had strongly recommended to Mr Pyers that he attend the hearing but Mr Pyers had chosen not to do so.
Rule 857(7)(d) states:- “No horseman shall come to the starting gate out of position”.
Submissions for Decision:
Mr Muirhead used the head-on film of the start to explain the breach of the Rule. He said there were 11 runners with 8 drawn on the front row and 3 drawn in the Unruly position on the front row. He said Mr Pyers was drawn Unruly 3. He said it was accepted that horses drawn on the front Unruly row could start as follows in a mobile race where the field size meant there were no horses drawn on the second row:-
The horse drawn Unruly 1 could start from 5 on the second row, the horse drawn Unruly 2 could start from 6 on the second row and the horse drawn Unruly 3 could start from 7 on the second row.
Mr Muirhead said when reviewing the film of the start and prior to the filing of the Information he had spoken to the Starter who had confirmed that he had told Mr Pyers that being drawn Unruly 3 meant he had to start from 7 on the second row and therefore to the outside of the two other horses on the Unruly line.
Mr Muirhead said as the horses were scoring up behind the mobile Mr Butcher, who was drawn Unruly 1, moved into the 5 position on the second row. He said the films showed Mr Pyers then move into the 6 position on the second row thereby denying the horse drawn Unruly 2 to move into that position. Mr Muirhead then said just prior to the start being activated the horse drawn 5 on the front row – “Sheza Springfield” - broke which meant that Mr Butcher who was immediately behind the breaking horse had to move inwards to avoid making contact and being checked. When he did so Mr Pyers moved in again to take up the position of 5 on the second row.
Mr Muirhead said that when questioning Mr Pyers about the incident Mr Pyers said he thought from where he was on the Unruly line that he could start from 5 on the second row. Mr Muirhead told the Committee that Mr Pyers’ view was correct but only if there is one horse on the Unruly line and no other horses on the second row and that the more horses there are on the Unruly line the further out on the second row they start from.
Mr Muirhead confirmed that Mr Pyers’ actions did not cause any interference to other horses and that ‘Sheza Springfield” broke of its own accord.
Submissions for Penalty:
Mr Muirhead said Mr Pyers had not breached this Rule in the previous 12 months. He said Mr Pyers was responsible for knowing where he could start from on the second row and in any event had been told by the Starter that he was to start from 7 on the second row. By disregarding the Starter’s instructions he had acted very unprofessionally. Mr Muirhead said he was aware that the JCA Guidelines stated the starting point for a breach of the Rule was a $400 fine or an 8 drives suspension but did not submit what he thought was an appropriate penalty.
Reasons for Penalty:
The Committee has reviewed the head-on film of the start of the race which clearly shows the sequence of events that led to Mr Pyers starting from 5 on the second row instead of 7 on the second row. The Committee accepts that the Starter would have advised all 3 drivers on the Unruly line prior to the score up of their permitted starting positions on the second row. It is therefore disappointing that Mr Pyers chose to ignore those instructions. The Committee notes that the actions of Mr Pyers also denied the horse drawn Unruly 2 from starting in its correct position although that horse did go on to win the Race.
The Committee notes Mr Pyers has a clear record in relation to this Rule and has admitted today’s breach. We note, however, that he was not able to provide his view on what happened at the start because he chose not to attend the hearing. Finally, we note the Stipendiary Stewards did not submit what, in their view, was an appropriate penalty.
The JCA Penalty Guidelines state the starting point for a breach of this Rule is a $400 fine or an 8 drives suspension. This is the first breach of this Rule in nearly 3 years which means there are no recent penalties to consider ensuring today’s decision is consistent with them. After considering whether a fine or a suspension is an appropriate penalty we believe on this occasion a fine should be imposed.
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: c7916c51dfe267adf52f98b83ec0f53f
informantnumber: A3726
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Started from incorrect barrier position
plea: admitted
penaltyrequired: 1
decisiondate: 04/04/2016
hearing_title: Taranaki TC 3 April 2016 - R 3 - Chair, Mr P Williams
charge:
facts:
Following the running of Race 3, the “Classic Carpets Mobile Pace” Information A3726 was filed by Stipendiary Steward Mr J Muirhead alleging a breach of Rule 857(7)(d) by Open Horseman Mr A Pyers. The Information stated “in that he started “Golden Bullion” from an incorrect barrier position”.
Mr Pyers signed the Information admitting the breach and also that did not wish to attend the hearing. At the start of the hearing Mr Muirhead made a point of saying he had strongly recommended to Mr Pyers that he attend the hearing but Mr Pyers had chosen not to do so.
Rule 857(7)(d) states:- “No horseman shall come to the starting gate out of position”.
appealdecision:
isappeal:
submissionsfordecision:
Mr Muirhead used the head-on film of the start to explain the breach of the Rule. He said there were 11 runners with 8 drawn on the front row and 3 drawn in the Unruly position on the front row. He said Mr Pyers was drawn Unruly 3. He said it was accepted that horses drawn on the front Unruly row could start as follows in a mobile race where the field size meant there were no horses drawn on the second row:-
The horse drawn Unruly 1 could start from 5 on the second row, the horse drawn Unruly 2 could start from 6 on the second row and the horse drawn Unruly 3 could start from 7 on the second row.
Mr Muirhead said when reviewing the film of the start and prior to the filing of the Information he had spoken to the Starter who had confirmed that he had told Mr Pyers that being drawn Unruly 3 meant he had to start from 7 on the second row and therefore to the outside of the two other horses on the Unruly line.
Mr Muirhead said as the horses were scoring up behind the mobile Mr Butcher, who was drawn Unruly 1, moved into the 5 position on the second row. He said the films showed Mr Pyers then move into the 6 position on the second row thereby denying the horse drawn Unruly 2 to move into that position. Mr Muirhead then said just prior to the start being activated the horse drawn 5 on the front row – “Sheza Springfield” - broke which meant that Mr Butcher who was immediately behind the breaking horse had to move inwards to avoid making contact and being checked. When he did so Mr Pyers moved in again to take up the position of 5 on the second row.
Mr Muirhead said that when questioning Mr Pyers about the incident Mr Pyers said he thought from where he was on the Unruly line that he could start from 5 on the second row. Mr Muirhead told the Committee that Mr Pyers’ view was correct but only if there is one horse on the Unruly line and no other horses on the second row and that the more horses there are on the Unruly line the further out on the second row they start from.
Mr Muirhead confirmed that Mr Pyers’ actions did not cause any interference to other horses and that ‘Sheza Springfield” broke of its own accord.
reasonsfordecision:
Decision:
sumissionsforpenalty:
Mr Muirhead said Mr Pyers had not breached this Rule in the previous 12 months. He said Mr Pyers was responsible for knowing where he could start from on the second row and in any event had been told by the Starter that he was to start from 7 on the second row. By disregarding the Starter’s instructions he had acted very unprofessionally. Mr Muirhead said he was aware that the JCA Guidelines stated the starting point for a breach of the Rule was a $400 fine or an 8 drives suspension but did not submit what he thought was an appropriate penalty.
reasonsforpenalty:
The Committee has reviewed the head-on film of the start of the race which clearly shows the sequence of events that led to Mr Pyers starting from 5 on the second row instead of 7 on the second row. The Committee accepts that the Starter would have advised all 3 drivers on the Unruly line prior to the score up of their permitted starting positions on the second row. It is therefore disappointing that Mr Pyers chose to ignore those instructions. The Committee notes that the actions of Mr Pyers also denied the horse drawn Unruly 2 from starting in its correct position although that horse did go on to win the Race.
The Committee notes Mr Pyers has a clear record in relation to this Rule and has admitted today’s breach. We note, however, that he was not able to provide his view on what happened at the start because he chose not to attend the hearing. Finally, we note the Stipendiary Stewards did not submit what, in their view, was an appropriate penalty.
The JCA Penalty Guidelines state the starting point for a breach of this Rule is a $400 fine or an 8 drives suspension. This is the first breach of this Rule in nearly 3 years which means there are no recent penalties to consider ensuring today’s decision is consistent with them. After considering whether a fine or a suspension is an appropriate penalty we believe on this occasion a fine should be imposed.
penalty:
hearing_type: Hearing
Rules: 857(7)(d)
Informant: Mr J Muirhead - Stipendiary Steward
JockeysandTrainer: Mr A Pyers - Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 0d56b3685aac39f61529c5141f076496
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
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race_pm2:
meetid: 07227a21f2352c0e6478dcfab2563ece
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 03/04/2016
meet_title: Taranaki TC - 3 April 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: taranaki-tc
meet_racingtype: harness-racing
meet_chair: PWilliams
meet_pm1: TBird
meet_pm2: none
name: Taranaki TC