Timaru HRC 13 October 2013 – R 4
ID: JCA18173
Meet Title:
Timaru HRC - 13 October 2013
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2013/10/13
Race Number:
R4
Decision:
The charge was found to be proved.
Penalty:
Accordingly Mr Sissons was fined the sum of $150.
Charge:
Breach of Rule 864(2)(e)
Facts:
Following the running of Race 4, the Bishopdale & Bush Inn TABS Mobile Pace, an Information was filed by Stipendiary Steward Mr N Ydgren against Advanced Amateur Horseman Mr R Sissons, alleging a breach of Rule 864(2) (e) in that he failed to take all steps to ensure that his hopple shorteners were activated.
The charge reads as follows:
“I the above named Informant allege that the above named Respondent committed a breach of Rule 864(2) (e) in that you failed to take all steps to ensure that your hopple shorteners were activated.”
Rule 864(2) (e) reads as follows:
“(2) Every horseman, owner, trainer and assistant thereof of a horse shall with regard to that horse ensure that:-
(e) that all steps are taken to activate gear, appliances or devices which requires activation.
Submissions for Decision:
Mr Ydgren informed the Committee that a breach of this Rule was normally dealt with by way of the Minor Infringement System but the Stewards believed the usual penalty was inadequate in this particular case.
Mr Sissons had indicated on the Information that this breach of the Rules was admitted, and he also agreed that he understood the charge and the Rule it was brought under.
Mr Ydgren gave evidence that Mr Sissons had informed the Stewards on return to the enclosure that the hopple shorteners had not been activated on GLACIER EXPRESS during the race. He also informed the Stewards that he had attempted to activate the shorteners on one occasion during the running but this had been unsuccessful. Mr Ydgren stated that Mr Sissons had managed to activate the hopple shorteners on pulling up. Mr Ydgren informed the Committee that the Stewards reviewed the films to confirm that Mr Sissons had in fact attempted to activate the shorteners but this was inconclusive. Mr Ydgren submitted that GLACIER EXPRESS was a well-supported runner and Mr Sissons, even though he had reported that the horse had paced roughly, should have made more of an effort and tried on numerous occasions to activate the hopple shorteners. Mr Ydgren submitted that any driver who knows that the hopple shortener pins are still in after one attempt to activate should make numerous attempts to activate them to ensure they do come free.
Mr Sissons submitted that he did advise the Stewards on return to the enclosure that he had informed the Stewards that the hopple shorteners had not been activated during the running despite his attempt to activate them. He stated that he had “had a go at them” on pulling up and the shorteners had then released. He also stated that they had not had GLACIER EXPRESS very long with the horse having one start so far but he was not sure whether the hopple shortener pins were in the same place as at the horse’s previous start.
Reasons for Decision:
As Mr Sissons had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Submissions for Penalty:
Mr Ydgren submitted that normally this breach is dealt with by way of a Minor Infringement Notice for a non stake bearing horse with a fine of $100. Mr Ydgren submitted that for a horse to race throughout the race with hopple shorteners in place was a more serious breach of the Rule and required a higher penalty. He submitted that Mr Sissons had a clear record in regard to the Rule and that a fine in excess of $100 would be an appropriate penalty.
Mr Sissons submitted that his good record and his admission of the breach should be taken into contention. He also stated that had he not informed the Stewards on return to the enclosure, that the hopple shorteners were not activated during the race, they may never have known.
Reasons for Penalty:
In determining penalty we have taken into consideration as mitigating factors Mr Sissons honesty in bringing the issue to the attention of the Stewards, his ready admission of the breach and his good record. The Committee also believed that a fine in excess of the $100 as normally set under the Minor Infringement Notice was called for due to the more serious nature of the breach. We also looked at previous penalties for similar breaches of the Rule and decided that an appropriate penalty on this occasion was a fine of $150.
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: f64a8ba4e57ed48c105e172e4e726774
informantnumber: A1634
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 09/10/2013
hearing_title: Timaru HRC 13 October 2013 - R 4
charge:
Breach of Rule 864(2)(e)
facts:
Following the running of Race 4, the Bishopdale & Bush Inn TABS Mobile Pace, an Information was filed by Stipendiary Steward Mr N Ydgren against Advanced Amateur Horseman Mr R Sissons, alleging a breach of Rule 864(2) (e) in that he failed to take all steps to ensure that his hopple shorteners were activated.
The charge reads as follows:
“I the above named Informant allege that the above named Respondent committed a breach of Rule 864(2) (e) in that you failed to take all steps to ensure that your hopple shorteners were activated.”
Rule 864(2) (e) reads as follows:
“(2) Every horseman, owner, trainer and assistant thereof of a horse shall with regard to that horse ensure that:-
(e) that all steps are taken to activate gear, appliances or devices which requires activation.
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren informed the Committee that a breach of this Rule was normally dealt with by way of the Minor Infringement System but the Stewards believed the usual penalty was inadequate in this particular case.
Mr Sissons had indicated on the Information that this breach of the Rules was admitted, and he also agreed that he understood the charge and the Rule it was brought under.
Mr Ydgren gave evidence that Mr Sissons had informed the Stewards on return to the enclosure that the hopple shorteners had not been activated on GLACIER EXPRESS during the race. He also informed the Stewards that he had attempted to activate the shorteners on one occasion during the running but this had been unsuccessful. Mr Ydgren stated that Mr Sissons had managed to activate the hopple shorteners on pulling up. Mr Ydgren informed the Committee that the Stewards reviewed the films to confirm that Mr Sissons had in fact attempted to activate the shorteners but this was inconclusive. Mr Ydgren submitted that GLACIER EXPRESS was a well-supported runner and Mr Sissons, even though he had reported that the horse had paced roughly, should have made more of an effort and tried on numerous occasions to activate the hopple shorteners. Mr Ydgren submitted that any driver who knows that the hopple shortener pins are still in after one attempt to activate should make numerous attempts to activate them to ensure they do come free.
Mr Sissons submitted that he did advise the Stewards on return to the enclosure that he had informed the Stewards that the hopple shorteners had not been activated during the running despite his attempt to activate them. He stated that he had “had a go at them” on pulling up and the shorteners had then released. He also stated that they had not had GLACIER EXPRESS very long with the horse having one start so far but he was not sure whether the hopple shortener pins were in the same place as at the horse’s previous start.
reasonsfordecision:
As Mr Sissons 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:
Mr Ydgren submitted that normally this breach is dealt with by way of a Minor Infringement Notice for a non stake bearing horse with a fine of $100. Mr Ydgren submitted that for a horse to race throughout the race with hopple shorteners in place was a more serious breach of the Rule and required a higher penalty. He submitted that Mr Sissons had a clear record in regard to the Rule and that a fine in excess of $100 would be an appropriate penalty.
Mr Sissons submitted that his good record and his admission of the breach should be taken into contention. He also stated that had he not informed the Stewards on return to the enclosure, that the hopple shorteners were not activated during the race, they may never have known.
reasonsforpenalty:
In determining penalty we have taken into consideration as mitigating factors Mr Sissons honesty in bringing the issue to the attention of the Stewards, his ready admission of the breach and his good record. The Committee also believed that a fine in excess of the $100 as normally set under the Minor Infringement Notice was called for due to the more serious nature of the breach. We also looked at previous penalties for similar breaches of the Rule and decided that an appropriate penalty on this occasion was a fine of $150.
penalty:
Accordingly Mr Sissons was fined the sum of $150.
hearing_type: Hearing
Rules: 864(2)(e)
Informant: Mr N Ydgren-Stipendiary Steward
JockeysandTrainer: Mr R Sissons-Advanced Amateur Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 97fb16019c655af0753cb190456f2e59
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 127c43a095b160d730aa0eebb59382b5
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 13/10/2013
meet_title: Timaru HRC - 13 October 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: timaru-hrc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: Timaru HRC