Archive Decision

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Tuapeka HRC 23 October 2016 – R 3 – Chair, Prof G Hall

ID: JCA12995

Applicant:
Mr L Tidmarsh - Stipendiary Steward

Respondent(s):
Mr B Crothers - Licensed Horseman

Information Number:
A7650

Hearing Type:
Hearing

New Charge:
Starting from incorrect barrier position

Rules:
862(2)

Plea:
admitted

Meet Title:
Tuapeka HRC - 23 October 2016

Meet Chair:
GHall

Race Date:
2016/10/23

Race Number:
R 3

Decision:

As Mr Crothers has admitted the breach, it is found to be proved.

Penalty:

Mr Crothers is fined the sum of $200 and Mr Tidmarsh is requested to remind the respondent of his obligations under the Rules of Harness Racing.

Facts:

Mr Tidmarsh, Stipendiary Steward, allleged that Mr Corthers permitted his horse COCKTAIL WAITER to start from the incorrect barrier position in race 3, THE LIFE MEMBERS AND CRAWFORD FAMILY MOBILE TROT.

Rule 862(2) states: "No horseman shall permit a horse to start and no horse shall start other than from its correct barrier position or in advance of its correct barrier postion (either at a standing or mobile start), unless driected by the Starter in accordance with r 860(8)".

Mr Tidmarsh stated that Mr Crothers had drawn 2 on the second line and should therefore have started from behind horse 2, SUGAR CANE. Mr Crothers told Mr Tidmarsh he believed that as the horse that had drawn 1 on the second line had broken in the lead up and that spot was vacant he was entitled to move down into that position. He did so because Mr D Dunn was driving the horse that had drawn 1 and he thought it would be quick away from the gate. Mr Tidmarsh stated the respondent had not gained any advantage through his error, as Mr Dunn was slow away and the horse that had drawn 2, SUGAR CANE, had left the gate quickly.

Mr Crothers admitted the breach and indicated on the information that he did not wish to be present at the hearing.

Submissions for Penalty:

Mr Tidmarsh produced Mr Crothers’ record for this and last season. He had had 4 drives this season and 6 last season. He had no breaches of this rule in that time. Mr Tidmarsh submitted a fine of $200 was appropriate. He stated a fine of this amount had been imposed at a recent meeting at Addington when Mr C De Filippi breached the rule in similar circumstances.

Reasons for Penalty:

Mr Crothers has gained no advantage through his error. The starting point in the Penalty Guide is a fine of $400. Mitigating factors are the admission of the breach and a good record. A further recent case where a fine of $200 was imposed is that of Mr Walkinshaw at Forbury Park on 9 June last.

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: 33cefce27ac2b958217a4bbf7008d75f


informantnumber: A7650


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Starting from incorrect barrier position


plea: admitted


penaltyrequired: 1


decisiondate: 24/10/2016


hearing_title: Tuapeka HRC 23 October 2016 - R 3 - Chair, Prof G Hall


charge:


facts:

Mr Tidmarsh, Stipendiary Steward, allleged that Mr Corthers permitted his horse COCKTAIL WAITER to start from the incorrect barrier position in race 3, THE LIFE MEMBERS AND CRAWFORD FAMILY MOBILE TROT.

Rule 862(2) states: "No horseman shall permit a horse to start and no horse shall start other than from its correct barrier position or in advance of its correct barrier postion (either at a standing or mobile start), unless driected by the Starter in accordance with r 860(8)".

Mr Tidmarsh stated that Mr Crothers had drawn 2 on the second line and should therefore have started from behind horse 2, SUGAR CANE. Mr Crothers told Mr Tidmarsh he believed that as the horse that had drawn 1 on the second line had broken in the lead up and that spot was vacant he was entitled to move down into that position. He did so because Mr D Dunn was driving the horse that had drawn 1 and he thought it would be quick away from the gate. Mr Tidmarsh stated the respondent had not gained any advantage through his error, as Mr Dunn was slow away and the horse that had drawn 2, SUGAR CANE, had left the gate quickly.

Mr Crothers admitted the breach and indicated on the information that he did not wish to be present at the hearing.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Crothers has admitted the breach, it is found to be proved.


sumissionsforpenalty:

Mr Tidmarsh produced Mr Crothers’ record for this and last season. He had had 4 drives this season and 6 last season. He had no breaches of this rule in that time. Mr Tidmarsh submitted a fine of $200 was appropriate. He stated a fine of this amount had been imposed at a recent meeting at Addington when Mr C De Filippi breached the rule in similar circumstances.


reasonsforpenalty:

Mr Crothers has gained no advantage through his error. The starting point in the Penalty Guide is a fine of $400. Mitigating factors are the admission of the breach and a good record. A further recent case where a fine of $200 was imposed is that of Mr Walkinshaw at Forbury Park on 9 June last.


penalty:

Mr Crothers is fined the sum of $200 and Mr Tidmarsh is requested to remind the respondent of his obligations under the Rules of Harness Racing.


hearing_type: Hearing


Rules: 862(2)


Informant: Mr L Tidmarsh - Stipendiary Steward


JockeysandTrainer: Mr B Crothers - Licensed Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 30a06b88d3d58ef01fb31af4c02c09e4


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 3


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


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meetid: d49ec2164b5ed36f56f628184263e311


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 23/10/2016


meet_title: Tuapeka HRC - 23 October 2016


meet_expappcomment:


meet_km:


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tracklocation: tuapeka-hrc


meet_racingtype: harness-racing


meet_chair: GHall


meet_pm1: none


meet_pm2: none


name: Tuapeka HRC