Archive Decision

This decision has been migrated from the JCA website. Information is accurate but formatting may differ from contemporary decisions. Please contact us for any further enquiries.

Wairio TC 16 October 2011 – R 1

ID: JCA17843

Applicant:
Mr S Renault - Stipendiary Steward

Respondent(s):
Mr T Robertson - Junior Horseman (Gentle Georgia)

Other Person:
Mr T Robertson Snr - supporting TR Robertson

Information Number:
A5051

Hearing Type:
Hearing

Rules:
862(2)

Plea:
admitted

Meet Title:
Wairio TC - 16 October 2011

Meet Chair:
NSkelt

Meet Committee Member 1:
ADennis

Race Date:
2011/10/16

Race Number:
Race 1

Decision:

The charge was upheld.

Penalty:

Mr Robertson Junior was fined the sum of $250.00 and reminded of his professional obligations.

 

Charge:

Rule 862(2) reads: No horseman shall permit a horse to start,and no horse shall start other than from its correct barrier position , (either at a standing or mobile start) unless directed by the starter in accordance with rule 860(8).

Facts:

Following the running of Race 1 The Goodman Plumbing/Workouts Committee Mobile Trot an information was filed by Stipendiary Steward Mr S. Renault alleging that a breach of rule 862(2) by T Robertson Junior (Gentle Georgia)

The information reads "You permitted your horse Gentle Georgia to start from barrier three on the second line when he was drawn number two on the unruly list".

Submissions for Decision:

Mr Renault gave evidence and used video coverage to highlight how Gentle Georgia (Mr T Robertson Junior) started approximately between the two and three position on the second line.

Mr Robertson (Senior) supporting Mr Robertson (Junior) stated that both he and his son were unaware of the rule.

Mr Robertson also stated that the horse had previously raced at Winton in the unruly position under the same circumstances and this had not been picked up by the Stipendiary Stewards.

Mr Robertson also asked why the starter had not also picked up the horse in the wrong position.

Reasons for Decision:

After hearing all the evidence and watching the video of the race The Committee decided that a breach of rule 862(2) had occurred and that Mr T Robertson (Junior) (Gentle Georgia) had infact started from the number three position at the mobile barrier where in fact he should have started in the number six position at the mobile gate.

Submissions for Penalty:

Mr Renault stated that Mr Robertson (Junior Horseman) had three race day drives this season, thirty two last season and a total of one hundred and eighty six race day drives. Mr Robertson had no previous breaches under this rule in the past twelve months.

Mr Renault commented that if Gentle Georgia had run in a stake bearing place the horse would be disqualified. Mr Renault also referred to the JCA Penalty Guide which states a recommendation of $400.00

Mr Robertson (Senior) stated that Mr Robertson (Junior) was a young man with a wife and young child and like everyone in the industry was struggling financially.

Mr Robertson (Senior) also stated that he had seven horses in work but only three racehorses currently which his son would normally drive.

Reasons for Penalty:

The Committee was satisfied a clear breach of the rule had occurred and in fixing penalty, considered the following circumstances;

* Mr Robertson was a Junior Horseman and was relatively inexperienced.

* Mr Robertson had admitted the breach at the first opportunity.

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: f56645da4a89232ab0700cf53be28eed


informantnumber: A5051


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 11/10/2011


hearing_title: Wairio TC 16 October 2011 - R 1


charge:

Rule 862(2) reads: No horseman shall permit a horse to start,and no horse shall start other than from its correct barrier position , (either at a standing or mobile start) unless directed by the starter in accordance with rule 860(8).


facts:

Following the running of Race 1 The Goodman Plumbing/Workouts Committee Mobile Trot an information was filed by Stipendiary Steward Mr S. Renault alleging that a breach of rule 862(2) by T Robertson Junior (Gentle Georgia)

The information reads "You permitted your horse Gentle Georgia to start from barrier three on the second line when he was drawn number two on the unruly list".


appealdecision:


isappeal:


submissionsfordecision:

Mr Renault gave evidence and used video coverage to highlight how Gentle Georgia (Mr T Robertson Junior) started approximately between the two and three position on the second line.

Mr Robertson (Senior) supporting Mr Robertson (Junior) stated that both he and his son were unaware of the rule.

Mr Robertson also stated that the horse had previously raced at Winton in the unruly position under the same circumstances and this had not been picked up by the Stipendiary Stewards.

Mr Robertson also asked why the starter had not also picked up the horse in the wrong position.


reasonsfordecision:

After hearing all the evidence and watching the video of the race The Committee decided that a breach of rule 862(2) had occurred and that Mr T Robertson (Junior) (Gentle Georgia) had infact started from the number three position at the mobile barrier where in fact he should have started in the number six position at the mobile gate.


Decision:

The charge was upheld.


sumissionsforpenalty:

Mr Renault stated that Mr Robertson (Junior Horseman) had three race day drives this season, thirty two last season and a total of one hundred and eighty six race day drives. Mr Robertson had no previous breaches under this rule in the past twelve months.

Mr Renault commented that if Gentle Georgia had run in a stake bearing place the horse would be disqualified. Mr Renault also referred to the JCA Penalty Guide which states a recommendation of $400.00

Mr Robertson (Senior) stated that Mr Robertson (Junior) was a young man with a wife and young child and like everyone in the industry was struggling financially.

Mr Robertson (Senior) also stated that he had seven horses in work but only three racehorses currently which his son would normally drive.


reasonsforpenalty:

The Committee was satisfied a clear breach of the rule had occurred and in fixing penalty, considered the following circumstances;

* Mr Robertson was a Junior Horseman and was relatively inexperienced.

* Mr Robertson had admitted the breach at the first opportunity.


penalty:

Mr Robertson Junior was fined the sum of $250.00 and reminded of his professional obligations.

 


hearing_type: Hearing


Rules: 862(2)


Informant: Mr S Renault - Stipendiary Steward


JockeysandTrainer: Mr T Robertson - Junior Horseman (Gentle Georgia)


Otherperson: Mr T Robertson Snr - supporting TR Robertson


PersonPresent:


Respondent:


StipendSteward:


raceid: ec4e9a2a1eee51d2ee79041c97d13851


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: Race 1


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 91eae3b1e4aa59bd6157d98f6f72b592


meet_expapproval: approved


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 16/10/2011


meet_title: Wairio TC - 16 October 2011


meet_expappcomment:


meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "NSkelt", "Member": "", "OtherExpenses": "0", "KMs": "72", "Total": "44.64", "kmprice": 44.640000000000001, "Approved": "on"}]


meet_otherexp:


tracklocation: wairio-tc


meet_racingtype: harness-racing


meet_chair: NSkelt


meet_pm1: ADennis


meet_pm2: none


name: Wairio TC