Timaru HRC 12 May 2019 – R 7 – Chair, Mr S Ching
ID: JCA13358
Meet Title:
Timaru HRC - 12 May 2019
Meet Chair:
SChing
Meet Committee Member 1:
DAnderson
Race Date:
2019/05/12
Race Number:
R7
Decision:
As Mr Payne had admitted this breach of the Rules it was found to be proved.
Penalty:
Mr Payne was fined the sum of $300.
Facts:
Following the running of Race 7, the Nevele R Stud Mobile Pace, an information was filed by Stipendiary Steward, Mrs C Tibbs against Licensed Open Horseman, Mr G Payne, alleging that Mr Payne, as the driver of PERAKI LINCOLN in the race, failed to drive his horse out to the end of the race.
Rule 863(3) reads as follows:
“Every horseman shall drive his horse out to the end of the race if he has any reasonable chance of running first, second, third, fourth, fifth or sixth.”
Mr Payne had indicated on the Information that this breach of the Rules was admitted which he confirmed to the hearing. Mr Payne also confirmed he understood the rule under which he was being charged.
Mrs Tibbs gave evidence and used the video replays of the incident with the assistance of Stipendiary Steward, Mr S Wallis, to show PERAKI LINCOLN, driven by Mr Payne, in 4th position near the 40m, relax his drive and get beaten on the line by PROACTOR, driven by Mr J Curtin. Mr Wallis stated the official margin between 4th and 5th was a ½ head. He pointed out Mr Payne who had a neck margin on Mr Curtin at the 40m and thereafter did not use any means of urging PERAKI LINCOLN to the finish line. As a result, PROACTOR was able to get up and beat Mr Payne’s drive on the line.
Mr Payne stated that he was expecting to win the race and thought something may be wrong with the horse. He added it was clear on the films that he had stopped driving his horse out.
Submissions for Penalty:
Mrs Tibbs stated that Mr Payne drove infrequently and had 2 drives last season with to date this season, 2 drives, including today's. She said that Mr Payne had a clear record in regard to this rule and had admitted the breach at the first opportunity. Mrs Tibbs stated the JCA Penalty Guide provided, as a starting point a $400 fine or an 8-drive suspension, for a breach of this rule. She submitted that consideration be given to the mitigating factors, as above, and that she would leave it up to the Committee to determine an appropriate penalty.
Mr Payne submitted that he would prefer a suspension as penalty. Mrs Tibbs objected to a suspension being imposed as due to the lack of drives any suspension imposed would be relatively meaningless.
Reasons for Penalty:
We determined that a suspension as penalty, as requested by Mr Payne, was not an option in this case. Due to the lack of drives by Mr Payne, we decided that a suspension would render the penalty relatively meaningless. We therefore determined that a fine was an appropriate penalty in this case.
In determining penalty, we have adopted the starting point indicated in the JCA Penalty Guide of a $400 fine for a 4th placing breach. We decided that there were no aggravating factors to consider therefore no uplift warranted. We were however able to afford Mr Payne a combined discount for his good record and frank admission of the breach, which we set at $100. We therefore determined an appropriate penalty in this case, was a fine of $300.
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: 67faa2adc0f6f0d5b2b6fa4e968c61be
informantnumber: A10246
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of Rule 868 (3)
plea: admitted
penaltyrequired: 1
decisiondate: 13/05/2019
hearing_title: Timaru HRC 12 May 2019 - R 7 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 7, the Nevele R Stud Mobile Pace, an information was filed by Stipendiary Steward, Mrs C Tibbs against Licensed Open Horseman, Mr G Payne, alleging that Mr Payne, as the driver of PERAKI LINCOLN in the race, failed to drive his horse out to the end of the race.
Rule 863(3) reads as follows:
“Every horseman shall drive his horse out to the end of the race if he has any reasonable chance of running first, second, third, fourth, fifth or sixth.”
Mr Payne had indicated on the Information that this breach of the Rules was admitted which he confirmed to the hearing. Mr Payne also confirmed he understood the rule under which he was being charged.
Mrs Tibbs gave evidence and used the video replays of the incident with the assistance of Stipendiary Steward, Mr S Wallis, to show PERAKI LINCOLN, driven by Mr Payne, in 4th position near the 40m, relax his drive and get beaten on the line by PROACTOR, driven by Mr J Curtin. Mr Wallis stated the official margin between 4th and 5th was a ½ head. He pointed out Mr Payne who had a neck margin on Mr Curtin at the 40m and thereafter did not use any means of urging PERAKI LINCOLN to the finish line. As a result, PROACTOR was able to get up and beat Mr Payne’s drive on the line.
Mr Payne stated that he was expecting to win the race and thought something may be wrong with the horse. He added it was clear on the films that he had stopped driving his horse out.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Payne had admitted this breach of the Rules it was found to be proved.
sumissionsforpenalty:
Mrs Tibbs stated that Mr Payne drove infrequently and had 2 drives last season with to date this season, 2 drives, including today's. She said that Mr Payne had a clear record in regard to this rule and had admitted the breach at the first opportunity. Mrs Tibbs stated the JCA Penalty Guide provided, as a starting point a $400 fine or an 8-drive suspension, for a breach of this rule. She submitted that consideration be given to the mitigating factors, as above, and that she would leave it up to the Committee to determine an appropriate penalty.
Mr Payne submitted that he would prefer a suspension as penalty. Mrs Tibbs objected to a suspension being imposed as due to the lack of drives any suspension imposed would be relatively meaningless.
reasonsforpenalty:
We determined that a suspension as penalty, as requested by Mr Payne, was not an option in this case. Due to the lack of drives by Mr Payne, we decided that a suspension would render the penalty relatively meaningless. We therefore determined that a fine was an appropriate penalty in this case.
In determining penalty, we have adopted the starting point indicated in the JCA Penalty Guide of a $400 fine for a 4th placing breach. We decided that there were no aggravating factors to consider therefore no uplift warranted. We were however able to afford Mr Payne a combined discount for his good record and frank admission of the breach, which we set at $100. We therefore determined an appropriate penalty in this case, was a fine of $300.
penalty:
Mr Payne was fined the sum of $300.
hearing_type: Hearing
Rules: 868 (3)
Informant: C Tibbs, Stipendiary Steward
JockeysandTrainer: G Payne, Licensed Open Horseman
Otherperson: Mr S Wallis - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 2463b0e6bb79278887f0804b14f55619
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 391db0255e977fd7ccc8fd8e67df1db4
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 12/05/2019
meet_title: Timaru HRC - 12 May 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: timaru-hrc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: DAnderson
meet_pm2: none
name: Timaru HRC