Waikato/BOP H 18 March 2018 – R 3 – Chair, Mr A Godsalve
ID: JCA17809
Meet Title:
Harness Racing Waikato - 18 March 2018
Meet Chair:
AGodsalve
Meet Committee Member 1:
ADooley
Race Date:
2018/03/18
Race Number:
R3
Decision:
As Mr Marshall has admitted the breach we find the charge proved.
Penalty:
Accordingly the Committee imposed a fine of $250 on Mr Marshall.
Facts:
Following the running of Race 3, the HUS LIVING IN STYLE STORE OPENING MOBILE PACE 2200m an Information was submitted by Mr Mulcay. He alleged that Open Horseman Mr K Marshall 'drove in a manner that was likely to cause interference when he shifted ground outward inside R GEE THREE (driven by Mr S Butcher) near the 500 metres.
Mr Marshall was present at the hearing and acknowledged that he :
(a) understood the Rule, and
(b) that he admitted the breach.
Rule 869(4) states 'No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress'.
Using the available films Mr Mulcay identified the horse HIGHVIEW ILLUSION, driven by Mr Marshall, as the field neared the 500m mark. At that time HIGHVIEW ILLUSION was trailing the leader when that horse began to weaken and lose ground. As a result of that horse coming back on him, Mr Marshall moved outwards. In doing so he caused some interference to the horse on his outer, that being R GEE THREE, driven by Mr S Butcher. This caused R GEE THREE to be placed in restricted room, and Mr Butcher had to restrain that horse and lost his racing position.
Mr Marshall said that the leader had stopped quickly ahead of him, and that his horse had been travelling well. He added that he thought there was room outside him for him to shift his horse outwards, however added that he realised that that was not the case. He said that he had admitted the breach when spoken to by the Stipendiary Stewards.
Submissions for Penalty:
Mr Mulcay stated that the JCA Penalty Guide provided for a period of suspension of 6 drives or a $300 fine. He added that it was to Mr Marshall's credit he had admitted the breach, and that he did not have any prior breaches of this Rule recorded. Mr Mulcay added that the Stewards believed that this breach fell into the lower end of the scale. However he added that as a result of breaching this Rule Mr Marshall had placed Mr Butcher in restricted room. Mr Mulcay said he believed that the matter could be dealt with by way of a fine.
Mr Marshall said that he derived his sole income from the harness industry. He said he was a reasonably busy driver.
Reasons for Penalty:
The Committee confirmed that the JCA Penalty Guide has a starting point of a $300 fine or a 6 drive suspension for a breach of this Rule. We take into account that Mr Marshall has admitted the breach and that he does not have any other breaches of this Rule recorded. When we looked at the film of the incident it was clear that while there was insuficient room for Mr Marshall to shift out when he did, the resulting interference to Mr Butcher was not particuarly serious and did not impact greatly on his chances in the race. Nonetheless, Mr Marshall has breached the Rule and we considered other penalties imposed by Committees for similar breaches. We determined that we would deal with this matter by way of a fine.
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: f03f257d6876bead9637495c972e27e4
informantnumber: A10556
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Driving in a manner likely to cause interference
plea: admitted
penaltyrequired: 1
decisiondate: 18/03/2018
hearing_title: Waikato/BOP H 18 March 2018 - R 3 - Chair, Mr A Godsalve
charge:
facts:
Following the running of Race 3, the HUS LIVING IN STYLE STORE OPENING MOBILE PACE 2200m an Information was submitted by Mr Mulcay. He alleged that Open Horseman Mr K Marshall 'drove in a manner that was likely to cause interference when he shifted ground outward inside R GEE THREE (driven by Mr S Butcher) near the 500 metres.
Mr Marshall was present at the hearing and acknowledged that he :
(a) understood the Rule, and
(b) that he admitted the breach.
Rule 869(4) states 'No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress'.
Using the available films Mr Mulcay identified the horse HIGHVIEW ILLUSION, driven by Mr Marshall, as the field neared the 500m mark. At that time HIGHVIEW ILLUSION was trailing the leader when that horse began to weaken and lose ground. As a result of that horse coming back on him, Mr Marshall moved outwards. In doing so he caused some interference to the horse on his outer, that being R GEE THREE, driven by Mr S Butcher. This caused R GEE THREE to be placed in restricted room, and Mr Butcher had to restrain that horse and lost his racing position.
Mr Marshall said that the leader had stopped quickly ahead of him, and that his horse had been travelling well. He added that he thought there was room outside him for him to shift his horse outwards, however added that he realised that that was not the case. He said that he had admitted the breach when spoken to by the Stipendiary Stewards.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Marshall has admitted the breach we find the charge proved.
sumissionsforpenalty:
Mr Mulcay stated that the JCA Penalty Guide provided for a period of suspension of 6 drives or a $300 fine. He added that it was to Mr Marshall's credit he had admitted the breach, and that he did not have any prior breaches of this Rule recorded. Mr Mulcay added that the Stewards believed that this breach fell into the lower end of the scale. However he added that as a result of breaching this Rule Mr Marshall had placed Mr Butcher in restricted room. Mr Mulcay said he believed that the matter could be dealt with by way of a fine.
Mr Marshall said that he derived his sole income from the harness industry. He said he was a reasonably busy driver.
reasonsforpenalty:
The Committee confirmed that the JCA Penalty Guide has a starting point of a $300 fine or a 6 drive suspension for a breach of this Rule. We take into account that Mr Marshall has admitted the breach and that he does not have any other breaches of this Rule recorded. When we looked at the film of the incident it was clear that while there was insuficient room for Mr Marshall to shift out when he did, the resulting interference to Mr Butcher was not particuarly serious and did not impact greatly on his chances in the race. Nonetheless, Mr Marshall has breached the Rule and we considered other penalties imposed by Committees for similar breaches. We determined that we would deal with this matter by way of a fine.
penalty:
Accordingly the Committee imposed a fine of $250 on Mr Marshall.
hearing_type: Hearing
Rules: Rule 869(4)
Informant: Mr S Mulcay - Senior Stipendiary Steward
JockeysandTrainer: Mr K Marshall-Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 6ec9cf581e8b3f490dcaa8920af5c44e
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:
race_pm1:
race_pm2:
meetid: 799a22865deba27786e35079e5e84255
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 18/03/2018
meet_title: Harness Racing Waikato - 18 March 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: harness-racing-waikato
meet_racingtype: harness-racing
meet_chair: AGodsalve
meet_pm1: ADooley
meet_pm2: none
name: Harness Racing Waikato