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Amberley TC 6 February 2019 - R 7 - Chair, Mr S Ching

Created on 11 February 2019

Rules:
869(7A)(b)
Committee:
SChing (chair)
RMcKenzie
Name(s):
Miss J Young - Open Horsewoman
Informant
Mrs C Tibbs - Stipendiary Steward
Information Number
A11205
Plea:
Admitted
Charge:
Sulky protruding inside the marker line
Evidence:

Following the running of Race 7, the Clarkville Stockfeeds Ltd-Zilco NZ Ltd Trot, an Information was filed by Stipendiary Steward, Mrs C Tibbs against Open Horsewoman, Miss J Young, alleging a breach of Rule 869(7A)(b) in that she shifted inwards and allowed her sulky to race inside the marker line.
Miss Young had indicated on the Information that this breach of the Rules was admitted which she confirmed at the hearing. Miss Young also confirmed that he understood the rule she was being charged with.

Rule 869(7A)(b) reads as follows:
(7A) Every horseman who moves inwards shall ensure:
(b) that any part of the sulky does not protrude inside the marker line

Mrs Tibbs gave evidence and used video coverage to show that as the field was approaching the final turn, Miss Young driving AVEROSS DON, was racing 3 back on the pylons. Mrs Tibbs pointed out Miss Young shift inwards just prior to the passing lane entrance and allow the inside wheel of her sulky to protrude inside the marker line, going over 4 pylons. She added that a subsequent protest under Rule 869(7B) was upheld with AVEROSS DON being disqualified from the event.

Miss Young made no comment to the hearing in regard to the incident, apart from stating that the breach was obvious.

Decision:

As Miss Young had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).

Submission For Penalty:

Mrs Tibbs informed the Committee that Miss Young’s driving statistics were 1185 lifetime drives and 105 to date this season. She also said that Miss Young had a clear record in regard to this rule. Mrs Tibbs stated that the JCA Penalty Guide provided a starting point for a breach of this rule as a 4-drive suspension or a $200 fine. Mrs Tibbs stated that an uplift in penalty be considered for the aggravating factor being the disqualification of AVEROSS DON. She submitted that after taking all factors into consideration, a $300 fine be considered as penalty in this case.

Miss Young made no submissions on penalty apart from stating that she had admitted the breach and had a clear record.

Reasons For Penalty:

The JCA Penalty Guide recommends a starting point of a $200 fine or a 4-drive suspension for a breach of this Rule. We determined that there was an aggravating factor to consider being the disqualification of the horse. This aggravating factor warranted an uplift in penalty which we set at $50. We were however able to afford Miss Young a discount for her admission of the breach and her clear record. This combined discount we set at $50. We therefore determined that a $200 fine was an appropriate penalty in this case.

Penalty:

Accordingly, Miss Young is fined the sum of $200.

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