Archive Decision

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Waikouaiti HRC 26 February 2018 – R 1 – Chair, Prof G Hall

ID: JCA11266

Applicant:
Mr L Tidmarsh - Stipendiary Steward

Respondent(s):
Mr A Edge – Amateur Driver

Information Number:
A10411

Hearing Type:
Hearing

New Charge:
Incorrect barrier position

Rules:
862(2)

Plea:
admitted

Meet Title:
Waikouaiti HRC - 26 February 2018

Meet Chair:
GHall

Meet Committee Member 1:
PKnowles

Race Date:
2018/02/26

Race Number:
R 1

Decision:

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

Penalty:

Taking the circumstances into account, in particular that it was a rolling start, good record, and admission of the breach, the fine is one of $200. In the interests of consistency we had regard to breaches of this rule where no advantage had been gained. In both De Filippi 21 November 2016 and Abernethy 26 May 2017 the penalty was a $200 fine. The De Filippi circumstances were identical in that instead of starting from one on the second line he had started from two.

Facts:

Following the running of race 1, the PALAMOUNTAINS/HAMPDEN TAKEAWAYS AMATEUR DRIVERS MOBILE PACE, Mr Tidmarsh lodged an information alleging Mr Edge permitted RUSSIAN EXPRESS to start from an incorrect barrier position.

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

Rule 862(2) provides as follows:

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 position (either at a standing or mobile start), unless directed by the Starter in accordance with Rule 860(8).”

Mr Edge was supposed to start from one on the second line. Mr Tidmarsh demonstrated on the videos that the respondent was trailing the horse in barrier two in the score up rather than the horse that had drawn one. He thus started from the wrong position. He later was eased down into the position he would have gained if he had started in the correct position.

Submissions for Penalty:

Mr Tidmarsh produced the respondent’s record which was clear under this rule for the last 12 months. He submitted a fine of $300 was appropriate.

Reasons for Penalty:

Mr Edge is an experienced amateur driver. His explanation to the stewards, we were informed, was that the horse that had drawn one was not keeping up and was struggling to maintain its position, so he shifted wider. It was thus a deliberate breach, which does increase the culpability of the respondent.

The starting point in the Penalty Guide is a fine of $400. The breach, however, can be described as low end. No advantage has been gained.

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: 1b25e3ac89f1c2da639c2873a615df31


informantnumber: A10411


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Incorrect barrier position


plea: admitted


penaltyrequired: 1


decisiondate: 05/03/2018


hearing_title: Waikouaiti HRC 26 February 2018 - R 1 - Chair, Prof G Hall


charge:


facts:

Following the running of race 1, the PALAMOUNTAINS/HAMPDEN TAKEAWAYS AMATEUR DRIVERS MOBILE PACE, Mr Tidmarsh lodged an information alleging Mr Edge permitted RUSSIAN EXPRESS to start from an incorrect barrier position.

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

Rule 862(2) provides as follows:

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 position (either at a standing or mobile start), unless directed by the Starter in accordance with Rule 860(8).”

Mr Edge was supposed to start from one on the second line. Mr Tidmarsh demonstrated on the videos that the respondent was trailing the horse in barrier two in the score up rather than the horse that had drawn one. He thus started from the wrong position. He later was eased down into the position he would have gained if he had started in the correct position.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

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


sumissionsforpenalty:

Mr Tidmarsh produced the respondent’s record which was clear under this rule for the last 12 months. He submitted a fine of $300 was appropriate.


reasonsforpenalty:

Mr Edge is an experienced amateur driver. His explanation to the stewards, we were informed, was that the horse that had drawn one was not keeping up and was struggling to maintain its position, so he shifted wider. It was thus a deliberate breach, which does increase the culpability of the respondent.

The starting point in the Penalty Guide is a fine of $400. The breach, however, can be described as low end. No advantage has been gained.


penalty:

Taking the circumstances into account, in particular that it was a rolling start, good record, and admission of the breach, the fine is one of $200. In the interests of consistency we had regard to breaches of this rule where no advantage had been gained. In both De Filippi 21 November 2016 and Abernethy 26 May 2017 the penalty was a $200 fine. The De Filippi circumstances were identical in that instead of starting from one on the second line he had started from two.


hearing_type: Hearing


Rules: 862(2)


Informant: Mr L Tidmarsh - Stipendiary Steward


JockeysandTrainer: Mr A Edge – Amateur Driver


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: e3571c10aaf541b27985336f6dfc0b17


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 1


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 30771247e7d696874261e2cb0c30df56


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 26/02/2018


meet_title: Waikouaiti HRC - 26 February 2018


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: waikouaiti-hrc


meet_racingtype: harness-racing


meet_chair: GHall


meet_pm1: PKnowles


meet_pm2: none


name: Waikouaiti HRC