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19 Feb 2021
Auckland-Tc - R8

Auckland TC 19 February 2021 – R 8 – Chair, Mr G Jones

Created on 21 February 2021

Rules:
869(7A(b)
Committee:
GJones (chair)
Name(s):
Mr L Hollis - Open Driver
Mr A Dooley - Stipendiary Steward
Informant
Mr S Mulcay - Senior Stipendiary Steward
Information Number
A12984
Plea:
Admitted
Charge:
Shifting into marker line
Evidence:

Following the running of Race 8, the Breckon Farms Young Guns C&G Heat 4 Mobile Pace 1700m, an Information was filed by Senior Stipendiary Steward, Mr Mulcay alleging Open Driver Mr L Hollis breached 869(7A)(b) in that he shifted his colt (MR IBIZA) into the passing lane in the run home and raced over marker pegs.

Mr Hollis endorsed the Information ‘I do admit the breach of the Rule’. At the commencement of the hearing, he confirmed his plea and that he understood the Rule and the nature of the charge.

Rule (7A) provides that:
Every driver who moves inwards shall ensure:
(a) that contact is not made with any track marker
(b) that any part of the sulky does not protrude inside the marker line.

Mr Mulcay advised that prior to placings and dividends being confirmed after the running of Race 8 an investigation was conducted to determine whether MR IBIZA (3rd place) had gained an unfair advantage when racing over marker pegs in the run home. He said that the investigation determined that there was sufficient room, and no other horse was disadvantaged, and MR IBIZA did not gain any advantage.

Confirmation of placings and dividends was approved on that basis.

Using available video footage Mr Mulcay demonstrated that in the run up of the home straight MR IBIZA contacted four marker pegs. He said that there was minimal contact with the sulky and when interviewed Mr Hollis advised he was totally unaware that he had gone inside the marker line.

Mr Hollis freely confirmed that he was unaware he had drifted into the marker line in run up the straight.

Decision:

Pursuant to Rule 1111(1)(d) as Mr Hollis admitted the breach the Committee found the charge proved.

Submission For Penalty:

Mr Mulcay submitted that Mr Hollis has a clear record with no breaches relevant to the present charge (or any other Rule) within the past 12 months. In mitigation he said that Mr Hollis should be given credit for admitting the breach at the first opportunity. He submitted a fine in the vicinity of the $200 Penalty Guide starting point would be an appropriate penalty.

In his submission as to penalty Mr Hollis agreed that a fine would be appropriate. No deferment was sought, should a suspension be considered.

Reasons For Penalty:

The JCA Penalty Guide provides a starting point of a 4-drive suspension or a $200 fine for a breach of this Rule. The Committee has noted that similar recent breaches have incurred penalties ranging from fines between $100 to $450 and limited number of 1 to 3-day suspensions. Clearly each case is fact dependant.

After considering the submissions of both the Informant and Respondent the Committee determined the level of breach to be low to range.

MR IBIZA was not advantaged and nor was any other runner disadvantaged by the breach. Mr Hollis was oblivious to the fact that his drive had shifted down into the marker line.

In the final result a $200 fine was determined to be an appropriate penalty in the circumstances of this case.

Penalty:

Mr Hollis was fined the sum of $200.

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