NZ Metro TC 22 July 2011 – R 10
ID: JCA10478
Meet Title:
NZ Metro TC - 22 July 2011
Meet Chair:
JPhelan
Meet Committee Member 1:
SChing
Race Date:
2011/07/22
Race Number:
R10
Decision:
As Mr O’Mahony had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
Mr O’Mahony was fined the sum of $150-00.
Charge:
Alleged breach of push out Rule.
Facts:
Following the running of Race 10, the Smokefree Mobile Pace, an Information was filed by Stipendiary Steward Mr N. M. Ydgren against Junior Horseman Mr M. O’Mahony, the driver of “Gliding Ruler” (12), alleging a breach of Rules 869(4) and (6)(b) and (c) in that he was in breach of the “push out” rule.
The charge reads as follows.
“I the above named informant allege that the above named Defendant committed a breach of Rule 869(4) and (6)(b) and (c) in that you forced “Impact’s Delight” to race wider on the track when racing past the 1200m while driving “Gliding Ruler”.
Rules 869(4) and (6)(b) and (c) read as follows –
“(4) No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.
(6) Subject to sub-rule (4) hereof:-
(a)….
(b) a horse making a forward movement during any race shall not be forced to race wider on the track;
(c) a horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past.”
Mr O’Mahony is a Junior Horseman, and he was assisted at this hearing by Open Horseman Mr J. R. Dunn. Mr O’Mahony had indicated on the Information that this breach of the Rules was admitted and he confirmed this at the hearing. He also agreed that he understood the charge and the Rule it was brought under.
Submissions for Decision:
Mr Ydgren gave evidence and used video coverage to show that at about the 1200 metre mark Mr O’Mahony had been racing two wide when a horse had moved out from in front of him to improve. Mr O’Mahony had followed this horse in to the three wide line, but in doing so had forced “Impact’s Delight” to race four wide.
Submissions for Penalty:
In relation to penalty Mr Ydgren advised that Mr O’Mahony had no relevant previous convictions, and as the breach was admitted submitted that a fine of $200-00 should be imposed. Mr Ydgren also advised that Mr O’Mahony had only had 14 race drives in New Zealand.
It was also established that Mr Orange had advised that his chances in the race had not been adversely affected by the breach.
On behalf of Mr O’Mahony Mr Dunn submitted that a fine of $150-00 would be more appropriate in this case having regard to the facts of the matter.
Reasons for Penalty:
In considering the matter of an appropriate penalty we took into account that Mr O’Mahony had admitted the breach, had no previous relevant convictions, had shown remorse, and that there were no adverse effects on the horse pushed out.
On looking at penalties imposed in similar circumstances we decided that a fine of $150-00 would be appropriate in this case.
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: 04c017c1694ae07d7f597dec56f763ae
informantnumber: 66833
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 21/07/2011
hearing_title: NZ Metro TC 22 July 2011 - R 10
charge:
Alleged breach of push out Rule.
facts:
Following the running of Race 10, the Smokefree Mobile Pace, an Information was filed by Stipendiary Steward Mr N. M. Ydgren against Junior Horseman Mr M. O’Mahony, the driver of “Gliding Ruler” (12), alleging a breach of Rules 869(4) and (6)(b) and (c) in that he was in breach of the “push out” rule.
The charge reads as follows.
“I the above named informant allege that the above named Defendant committed a breach of Rule 869(4) and (6)(b) and (c) in that you forced “Impact’s Delight” to race wider on the track when racing past the 1200m while driving “Gliding Ruler”.
Rules 869(4) and (6)(b) and (c) read as follows –
“(4) No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.
(6) Subject to sub-rule (4) hereof:-
(a)….
(b) a horse making a forward movement during any race shall not be forced to race wider on the track;
(c) a horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past.”
Mr O’Mahony is a Junior Horseman, and he was assisted at this hearing by Open Horseman Mr J. R. Dunn. Mr O’Mahony had indicated on the Information that this breach of the Rules was admitted and he confirmed this at the hearing. He also agreed that he understood the charge and the Rule it was brought under.
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren gave evidence and used video coverage to show that at about the 1200 metre mark Mr O’Mahony had been racing two wide when a horse had moved out from in front of him to improve. Mr O’Mahony had followed this horse in to the three wide line, but in doing so had forced “Impact’s Delight” to race four wide.
reasonsfordecision:
Decision:
As Mr O’Mahony had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
sumissionsforpenalty:
In relation to penalty Mr Ydgren advised that Mr O’Mahony had no relevant previous convictions, and as the breach was admitted submitted that a fine of $200-00 should be imposed. Mr Ydgren also advised that Mr O’Mahony had only had 14 race drives in New Zealand.
It was also established that Mr Orange had advised that his chances in the race had not been adversely affected by the breach.
On behalf of Mr O’Mahony Mr Dunn submitted that a fine of $150-00 would be more appropriate in this case having regard to the facts of the matter.
reasonsforpenalty:
In considering the matter of an appropriate penalty we took into account that Mr O’Mahony had admitted the breach, had no previous relevant convictions, had shown remorse, and that there were no adverse effects on the horse pushed out.
On looking at penalties imposed in similar circumstances we decided that a fine of $150-00 would be appropriate in this case.
penalty:
Mr O’Mahony was fined the sum of $150-00.
hearing_type: Hearing
Rules: Rule 869(4) and (6)(b) and (c)
Informant: Mr N. M. Ydgren - Stipendiary Steward
JockeysandTrainer: Mr M. O'Mahony - Junior Horseman
Otherperson: Mr R. J. Dunn - Open Horseman assisting Mr O'Mahony
PersonPresent:
Respondent:
StipendSteward:
raceid: 41b92c46969f1cb165f1839a869f3b01
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R10
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 655c6a2fb85c222bde174d7532c26452
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 22/07/2011
meet_title: NZ Metro TC - 22 July 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: JPhelan
meet_pm1: SChing
meet_pm2: none
name: NZ Metro TC