Waikato BOP Harness 17 August 2017 – R 4 – Chair, Mr A Dooley
ID: JCA11691
Meet Title:
Harness Racing Waikato - 17 August 2017
Meet Chair:
ADooley
Meet Committee Member 1:
AGodsalve
Race Date:
2017/08/17
Race Number:
R4
Decision:
As Mr Noakes admitted the breach the Committee found the charge proved.
Penalty:
Accordingly, Mr Noakes was fined the sum of $200.
Facts:
Following the running of race 4, NISBA Winter Bonus Series Mobile Pace, an Information was filed pursuant to Rule 857(7)(g). The Informant, Mr Muirhead, alleged that Mr Noakes failed to come up into and/or maintain his position behind the mobile prior to the start.
Mr Noakes acknowledged that he understood the Rule and confirmed that he admitted the breach.
Rule 857(7) (g) provides: No horseman shall fail to come up into and/or maintain his position;
Mr Muirhead demonstrated the incident using the available video footage. He identified Mr Noakes and showed that he was slow to move away from the assembly point prior to the start. He said this held up all the horses that were drawn on the second line. He said essentially Mr Noakes made an error of judgement by not getting JEMA JET up into its correct position. He highlighted that the 2200 metre start point JEMA JET was 4 lengths behind the rest of the second line horses.
Mr Noakes said that it was bad judgement on his part and he didn’t realise how far away the mobile gate was ahead of him. He said that he chased JEMA JET up to try and make up the ground and stated that his horse was sluggish and she didn’t want to be there.
Submissions for Penalty:
Mr Muirhead said the JCA Penalty Guide recommended starting point was a $250 fine. He said Mr Noakes should be given credit for his clear record and his admission of the breach.
Mr Noakes submitted that he would prefer a suspension rather than a fine.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented.
The Committee referred to similar penalties under this Rule and they ranged from $100 to $200 and no suspensions have been imposed.
The Committee adopted the JCA Penalty Guide recommend staring point of a $250 fine.
The aggravating factors were Mr Noakes inconvenienced some of the second line horses during the score up. It was clearly evident that when the mobile reached the start point JEMA JET was approximately 4 lengths behind its rightful position. In our view this affected her chances in the race and disadvantaged the betting public who had invested on JEMA JET.
The mitigating factors were Mr Noakes admission of the breach, albeit unsurprising given the compelling video evidence and his clear record from 27 drives last season.
After taking into account all the above factors the Committee considered that a $200 fine would be an appropriate penalty.
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: 226e80751517e54f6f945f63fe6be262
informantnumber: A2626
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Failed to come into position at the start
plea: admitted
penaltyrequired: 1
decisiondate: 20/08/2017
hearing_title: Waikato BOP Harness 17 August 2017 - R 4 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 4, NISBA Winter Bonus Series Mobile Pace, an Information was filed pursuant to Rule 857(7)(g). The Informant, Mr Muirhead, alleged that Mr Noakes failed to come up into and/or maintain his position behind the mobile prior to the start.
Mr Noakes acknowledged that he understood the Rule and confirmed that he admitted the breach.
Rule 857(7) (g) provides: No horseman shall fail to come up into and/or maintain his position;
Mr Muirhead demonstrated the incident using the available video footage. He identified Mr Noakes and showed that he was slow to move away from the assembly point prior to the start. He said this held up all the horses that were drawn on the second line. He said essentially Mr Noakes made an error of judgement by not getting JEMA JET up into its correct position. He highlighted that the 2200 metre start point JEMA JET was 4 lengths behind the rest of the second line horses.
Mr Noakes said that it was bad judgement on his part and he didn’t realise how far away the mobile gate was ahead of him. He said that he chased JEMA JET up to try and make up the ground and stated that his horse was sluggish and she didn’t want to be there.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Noakes admitted the breach the Committee found the charge proved.
sumissionsforpenalty:
Mr Muirhead said the JCA Penalty Guide recommended starting point was a $250 fine. He said Mr Noakes should be given credit for his clear record and his admission of the breach.
Mr Noakes submitted that he would prefer a suspension rather than a fine.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented.
The Committee referred to similar penalties under this Rule and they ranged from $100 to $200 and no suspensions have been imposed.
The Committee adopted the JCA Penalty Guide recommend staring point of a $250 fine.
The aggravating factors were Mr Noakes inconvenienced some of the second line horses during the score up. It was clearly evident that when the mobile reached the start point JEMA JET was approximately 4 lengths behind its rightful position. In our view this affected her chances in the race and disadvantaged the betting public who had invested on JEMA JET.
The mitigating factors were Mr Noakes admission of the breach, albeit unsurprising given the compelling video evidence and his clear record from 27 drives last season.
After taking into account all the above factors the Committee considered that a $200 fine would be an appropriate penalty.
penalty:
Accordingly, Mr Noakes was fined the sum of $200.
hearing_type: Hearing
Rules: 857(7)(g)
Informant: Mr J Muirhead - Senior Stipendiary Steward
JockeysandTrainer: Mr G Noakes - Graduation Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: a4ccc1c223d288c129955b3c27fb1cd5
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: e03b57ae5576a307149675e19b487683
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 17/08/2017
meet_title: Harness Racing Waikato - 17 August 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: harness-racing-waikato
meet_racingtype: harness-racing
meet_chair: ADooley
meet_pm1: AGodsalve
meet_pm2: none
name: Harness Racing Waikato