Archive Decision

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Timaru HRC – 16 September 2007 – Race 3

ID: JCA21519

Hearing Type:
Old Hearing

Rules:
857.7.g

Hearing Type (Code):
harness-racing

Meet Title:
Timaru HRC - 16 September 2007

Race Date:
2007/09/16

Race Number:
Race 3

Decision: --

Following the running of Race 3, the ?Sands A Flyin? Pace, an information was laid by Stipendiary Steward Mr N. G. McIntyre against Mr S. J. Thompson (Junior Horseman), the driver of FLEETING FLIRT, (8) alleging a breach of Rule 857(7)(g).



--

DECISION AND REASONS:

--

Following the running of Race 3, the ?Sands A Flyin? Pace, an information was laid by Stipendiary Steward Mr N. G. McIntyre against Mr S. J. Thompson (Junior Horseman), the driver of FLEETING FLIRT, (8) alleging a breach of Rule 857(7)(g). The charge reads as follows.

------

"I the abovenamed informant allege that the abovenamed Defendant committed a breach Rule 857(7)(g) in that Mr S. Thompson failed to come up to his position behind the mobile on FLEETING FLIRT.

--

The rule reads as follows.

------

"(7) No horseman shall:-

--

(g) fail to come up into and/or maintain his position."

--

Mr Thompson had indicated on the information that he did not admit this

--

breach of the rules and he confirmed this at the hearing. Mr Thompson also acknowledged that he understood the Rule and the nature of the charge. As Mr Thompson is a Junior Horseman he was asked if he needed assistance, but he said that he did not.

--

Video coverage of the start of this mobile 2000 metre race was shown. Mr Thompson was drawn to start from gate (8) which was the outside of the front line. Evidence was given by Mr McIntyre that prior to the start Mr Thompson was up to the mobile arm, but he then allowed his horse to drift back and at the start of the race his horse was about 2 ? 3 lengths behind the mobile arm. Stipendiary Steward Mr Ydgren used videos to illustrate that Mr Thompson made no discernible effort to have his horse in its correct position behind the mobile arm.

--

Mr Thompson gave evidence that although he was back at the start he was still out and that he did not gain an advantage by his actions. It was pointed out to Mr Thompson that "gaining an advantage" was not part of the charge.

--

Mr Thompson also said that he was concerned that "if he chased it" his horse might gallop and lose its chance. He also said his horse was on the gate early but hanging, and that he did not want to take the risk of having his horse break. Mr Thompson did not dispute that he appeared to make no effort to have his horse on the mobile gate.

--

After hearing the evidence we adjourned to consider our decision. On returning to the Enquiry Room the following oral decision was given.

--

"We have reviewed the evidence and what's quite clear to us is that you did drop back 2 ? 3 lengths by the time the start had come, its pretty hard to say exactly how far, but it was at least 2 ?3 lengths. You also made no visible effort to have your horse up to the starting gate which is a requirement under the rule and we therefore find the charge proved."

--

--

PENALTY: In relation to penalty Mr McIntyre advised that Mr Thompson had not breached this rule previously. A fine of $100-00 was recommended. Mr Thompson had no relevant submissions to make regarding penalty.

--

We were aware of previous penalties imposed for a breach of this rule, and that the usual penalty for a first offence was a fine of $100-00. Mr Thompson was therefore fined the sum of $100-00.

--

J. M. Phelan

--

Chairman

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: c993d6685911cc1ee04c4c8881db00d8


informantnumber:


horsename:


hearing_racingtype: harness-racing


startdate: 16/09/2007


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Timaru HRC - 16 September 2007 - Race 3


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

--

Following the running of Race 3, the ?Sands A Flyin? Pace, an information was laid by Stipendiary Steward Mr N. G. McIntyre against Mr S. J. Thompson (Junior Horseman), the driver of FLEETING FLIRT, (8) alleging a breach of Rule 857(7)(g).



--

DECISION AND REASONS:

--

Following the running of Race 3, the ?Sands A Flyin? Pace, an information was laid by Stipendiary Steward Mr N. G. McIntyre against Mr S. J. Thompson (Junior Horseman), the driver of FLEETING FLIRT, (8) alleging a breach of Rule 857(7)(g). The charge reads as follows.

------

"I the abovenamed informant allege that the abovenamed Defendant committed a breach Rule 857(7)(g) in that Mr S. Thompson failed to come up to his position behind the mobile on FLEETING FLIRT.

--

The rule reads as follows.

------

"(7) No horseman shall:-

--

(g) fail to come up into and/or maintain his position."

--

Mr Thompson had indicated on the information that he did not admit this

--

breach of the rules and he confirmed this at the hearing. Mr Thompson also acknowledged that he understood the Rule and the nature of the charge. As Mr Thompson is a Junior Horseman he was asked if he needed assistance, but he said that he did not.

--

Video coverage of the start of this mobile 2000 metre race was shown. Mr Thompson was drawn to start from gate (8) which was the outside of the front line. Evidence was given by Mr McIntyre that prior to the start Mr Thompson was up to the mobile arm, but he then allowed his horse to drift back and at the start of the race his horse was about 2 ? 3 lengths behind the mobile arm. Stipendiary Steward Mr Ydgren used videos to illustrate that Mr Thompson made no discernible effort to have his horse in its correct position behind the mobile arm.

--

Mr Thompson gave evidence that although he was back at the start he was still out and that he did not gain an advantage by his actions. It was pointed out to Mr Thompson that "gaining an advantage" was not part of the charge.

--

Mr Thompson also said that he was concerned that "if he chased it" his horse might gallop and lose its chance. He also said his horse was on the gate early but hanging, and that he did not want to take the risk of having his horse break. Mr Thompson did not dispute that he appeared to make no effort to have his horse on the mobile gate.

--

After hearing the evidence we adjourned to consider our decision. On returning to the Enquiry Room the following oral decision was given.

--

"We have reviewed the evidence and what's quite clear to us is that you did drop back 2 ? 3 lengths by the time the start had come, its pretty hard to say exactly how far, but it was at least 2 ?3 lengths. You also made no visible effort to have your horse up to the starting gate which is a requirement under the rule and we therefore find the charge proved."

--

--

PENALTY:

In relation to penalty Mr McIntyre advised that Mr Thompson had not breached this rule previously. A fine of $100-00 was recommended. Mr Thompson had no relevant submissions to make regarding penalty.--

We were aware of previous penalties imposed for a breach of this rule, and that the usual penalty for a first offence was a fine of $100-00. Mr Thompson was therefore fined the sum of $100-00.

--

J. M. Phelan

--

Chairman


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Old Hearing


Rules: 857.7.g


Informant:


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 6a8c73f93de4b6ce1a0e0171b7b8a7c3


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race_emailed1: 0


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race_title: Race 3


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meetdate: 16/09/2007


meet_title: Timaru HRC - 16 September 2007


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meet_racingtype: harness-racing


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name: Timaru HRC