Westport TC 26 December 2015 – R 2 – Chair, Mr S Ching
ID: JCA14338
Meet Title:
Westport TC - 26 December 2015
Meet Chair:
SChing
Meet Committee Member 1:
GClapp
Race Date:
2015/12/26
Race Number:
R2
Decision:
The charge was found to be proved.
Penalty:
Mr Crothers was fined the sum of $650.
Facts:
Following the running of Race 2, the Adams Construction Trot, an information was filed by Stipendiary Steward, Mr S Wallis against Open Horseman Mr B Crothers, alleging a breach of Rule 505(1) in that he placed an each way bet on COCKTAIL WAITER, the horse he was driving.
Rule 505(1) reads as follows:
505 (1) A horseman may not bet on any horse or combination of horses in a race, in which he or
she is driving;
Mr Crothers had indicated on the Information that this breach of the Rules was admitted and he confirmed this at the hearing. Mr Crothers also agreed that he understood the charge and the Rule it was brought under.
Mr Wallis gave evidence that Mr Crothers was brought into the Stewards room following Race 2 on a matter regarding the driving of COCKTAIL WAITER, who finished in second place, over the concluding stages. Upon that investigation and questioning Mr Crothers produced a betting ticket to show he had placed a bet of $10 each way on the horse. Mr Wallis then asked Mr Crothers if he was aware of the rule that prevents a driver from betting on a horse he is driving in a race. Mr Crothers told Mr Wallis that he was not aware of the rule.
In answer to a question from Mr Crothers, Mr Wallis said the rule had been in effect since 2014.
Mr Crothers stated that he was unaware of the rule. He said that he had only had one horse to the races so far this season. He submitted that he has had a license since 1968 and he has never had a fine or a suspension.
Submissions for Penalty:
Mr Wallis said that Mr Crothers had an excellent record, had cooperated with the Stewards in a frank, forthright manner and admitted the breach at the first opportunity.
Mr Wallis informed the Committee that a similar breach by M Kerr who had placed a bet on his drive and was unaware of the rule was dealt with by way of a $650 fine approximately a year ago. He stated that facts and situation of this case and Mr Kerr’s case were very similar and submitted that the Stewards would be seeking a fine of $650 as penalty.
Mr Crothers submitted that he considered a fine of $650 was fair.
Reasons for Penalty:
In determining penalty, the Committee took into consideration Mr Crothers frank admission of the breach, his cooperation with the Stewards and his excellent record.
The Committee had the opportunity to read the M Kerr case and found that the facts and situation were very similar as submitted by Mr Wallis. Mr Kerr was unaware of the rule, admitted the breach at the first opportunity, was cooperative with the Stewards and remorseful of his actions. As the facts and circumstances of both cases were very similar the Committee saw no reason not to adopt the penalty imposed on Mr Kerr and for the sake of consistency determined that a fine of $650 was an appropriate penalty in this case.
JCA Decision Fields (raw)
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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: 770689e623722f03bc0ad0400a363177
informantnumber: A8051
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of Rule 505(1)
plea: admitted
penaltyrequired: 1
decisiondate: 28/12/2015
hearing_title: Westport TC 26 December 2015 - R 2 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 2, the Adams Construction Trot, an information was filed by Stipendiary Steward, Mr S Wallis against Open Horseman Mr B Crothers, alleging a breach of Rule 505(1) in that he placed an each way bet on COCKTAIL WAITER, the horse he was driving.
Rule 505(1) reads as follows:
505 (1) A horseman may not bet on any horse or combination of horses in a race, in which he or
she is driving;
Mr Crothers had indicated on the Information that this breach of the Rules was admitted and he confirmed this at the hearing. Mr Crothers also agreed that he understood the charge and the Rule it was brought under.
Mr Wallis gave evidence that Mr Crothers was brought into the Stewards room following Race 2 on a matter regarding the driving of COCKTAIL WAITER, who finished in second place, over the concluding stages. Upon that investigation and questioning Mr Crothers produced a betting ticket to show he had placed a bet of $10 each way on the horse. Mr Wallis then asked Mr Crothers if he was aware of the rule that prevents a driver from betting on a horse he is driving in a race. Mr Crothers told Mr Wallis that he was not aware of the rule.
In answer to a question from Mr Crothers, Mr Wallis said the rule had been in effect since 2014.
Mr Crothers stated that he was unaware of the rule. He said that he had only had one horse to the races so far this season. He submitted that he has had a license since 1968 and he has never had a fine or a suspension.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The charge was found to be proved.
sumissionsforpenalty:
Mr Wallis said that Mr Crothers had an excellent record, had cooperated with the Stewards in a frank, forthright manner and admitted the breach at the first opportunity.
Mr Wallis informed the Committee that a similar breach by M Kerr who had placed a bet on his drive and was unaware of the rule was dealt with by way of a $650 fine approximately a year ago. He stated that facts and situation of this case and Mr Kerr’s case were very similar and submitted that the Stewards would be seeking a fine of $650 as penalty.
Mr Crothers submitted that he considered a fine of $650 was fair.
reasonsforpenalty:
In determining penalty, the Committee took into consideration Mr Crothers frank admission of the breach, his cooperation with the Stewards and his excellent record.
The Committee had the opportunity to read the M Kerr case and found that the facts and situation were very similar as submitted by Mr Wallis. Mr Kerr was unaware of the rule, admitted the breach at the first opportunity, was cooperative with the Stewards and remorseful of his actions. As the facts and circumstances of both cases were very similar the Committee saw no reason not to adopt the penalty imposed on Mr Kerr and for the sake of consistency determined that a fine of $650 was an appropriate penalty in this case.
penalty:
Mr Crothers was fined the sum of $650.
hearing_type: Hearing
Rules: Rule 505(1)
Informant: Mr S Wallis - Stipendiary Steward
JockeysandTrainer: Mr B Crothers - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 63e20d9a248cd6656d5d7d5e4adbc458
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: c8507d6276fedb2a98a351cc938bafdb
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 26/12/2015
meet_title: Westport TC - 26 December 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: westport-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: GClapp
meet_pm2: none
name: Westport TC