Waikato BOP H 21 March 2019 – R 2 – Chair, Mr A Godsalve
ID: JCA10526
Meet Title:
Harness Racing Waikato - 21 March 2019
Meet Chair:
AGodsalve
Meet Committee Member 1:
ADooley
Race Date:
2019/03/21
Race Number:
R2
Decision:
As Mr Poutama has admitted the breach we find the charge proved.
Penalty:
Accordingly we imposed a fine of $200 on Mr Poutama.
Facts:
Following the running of Race 2, the Equibreed Mobile Pace 2200m an Information was presented by Mr Mulcay in which he alleged that Mr Poutama ' failed to concede his position entering the first turn which resulted in his gelding breaking and losing its chance'.
Mr Poutama was present at the hearing and acknowledged that:
(a) He understood the Rule, and
(b) That he admitted the breach.
Rule 869(4) states 'No horseman shall during any race do anything which interferes or is likely to intefere with his own horse and/or any other horse or its progress'.
Using the films Mr Mulcay identified the horse AWESOME, driven by Mr Poutama, as the field left the straight the first time. AWESOME, which had drawn 5 at the start had HONEY DUKE, driven by Mr L Hollis on its outside. Mr Mulcay said that the horse HONEY DUKE had the advantage over AWESOME. He said that Mr Poutama had two options - either to restrain his drive or accept the shift inwards by HONEY DUKE and shift his own horse inwards accordingly. Mr Poutama did neither and as a result his horse's legs made contact with the sulky wheel of HONEY DUKE and went off stride. Mr Mulcay added that Mr Hollis had a sufficient advantage over AWESOME to allow him to conduct the shift with safety.
Mr Poutama said that during the warm-up prior to the race AWESOME had been reluctant to go down onto the inside of the track and had attempted to run out when he asked it to move down. He added that the horse was very 'green', however acknowledged that in retrospect he should have shifted inwards during the race when HONEY DUKE pressured him and taken his chances of his drive not racing generously.
Submissions for Penalty:
Mr Mulcay submitted that the JCA Penalty Guide provided a starting point of a fine of $300 or a 6 drive suspension where a driver had a clear record - which Mr Poutama has. He added that the circumstances of this breach were such that the Stewards believed a reduction of the $300 could be allowed as there were no other horses affected by Mr Poutama's actions.
Mr Poutama asked that a fine be considered as he was a reasonably busy driver.
Reasons for Penalty:
The Committee confirmed that the JCA Penalty Guide provides a fine of $300 or a 6 drive suspension as a starting point. Mr Poutama has a clear record, he admitted the breach, and did not affect any other horses. We therefore considered that a reduction of the starting point of a fine could be appropriate.
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: 0998316d54d9d9e63331c25ded04c304
informantnumber: A10596
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Causing his horse to break when failing to concede when required to
plea: admitted
penaltyrequired: 1
decisiondate: 23/03/2019
hearing_title: Waikato BOP H 21 March 2019 - R 2 - Chair, Mr A Godsalve
charge:
facts:
Following the running of Race 2, the Equibreed Mobile Pace 2200m an Information was presented by Mr Mulcay in which he alleged that Mr Poutama ' failed to concede his position entering the first turn which resulted in his gelding breaking and losing its chance'.
Mr Poutama was present at the hearing and acknowledged that:
(a) He understood the Rule, and
(b) That he admitted the breach.
Rule 869(4) states 'No horseman shall during any race do anything which interferes or is likely to intefere with his own horse and/or any other horse or its progress'.
Using the films Mr Mulcay identified the horse AWESOME, driven by Mr Poutama, as the field left the straight the first time. AWESOME, which had drawn 5 at the start had HONEY DUKE, driven by Mr L Hollis on its outside. Mr Mulcay said that the horse HONEY DUKE had the advantage over AWESOME. He said that Mr Poutama had two options - either to restrain his drive or accept the shift inwards by HONEY DUKE and shift his own horse inwards accordingly. Mr Poutama did neither and as a result his horse's legs made contact with the sulky wheel of HONEY DUKE and went off stride. Mr Mulcay added that Mr Hollis had a sufficient advantage over AWESOME to allow him to conduct the shift with safety.
Mr Poutama said that during the warm-up prior to the race AWESOME had been reluctant to go down onto the inside of the track and had attempted to run out when he asked it to move down. He added that the horse was very 'green', however acknowledged that in retrospect he should have shifted inwards during the race when HONEY DUKE pressured him and taken his chances of his drive not racing generously.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Poutama has admitted the breach we find the charge proved.
sumissionsforpenalty:
Mr Mulcay submitted that the JCA Penalty Guide provided a starting point of a fine of $300 or a 6 drive suspension where a driver had a clear record - which Mr Poutama has. He added that the circumstances of this breach were such that the Stewards believed a reduction of the $300 could be allowed as there were no other horses affected by Mr Poutama's actions.
Mr Poutama asked that a fine be considered as he was a reasonably busy driver.
reasonsforpenalty:
The Committee confirmed that the JCA Penalty Guide provides a fine of $300 or a 6 drive suspension as a starting point. Mr Poutama has a clear record, he admitted the breach, and did not affect any other horses. We therefore considered that a reduction of the starting point of a fine could be appropriate.
penalty:
Accordingly we imposed a fine of $200 on Mr Poutama.
hearing_type: Hearing
Rules: Rule 869(4)
Informant: Mr S Mulcay - Senior Stipendiary Steward
JockeysandTrainer: Mr A Poutama - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 5807480fbfc5f51789c2f8c63a7af715
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: c883179537422214af318080fd6b6541
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 21/03/2019
meet_title: Harness Racing Waikato - 21 March 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: harness-racing-waikato
meet_racingtype: harness-racing
meet_chair: AGodsalve
meet_pm1: ADooley
meet_pm2: none
name: Harness Racing Waikato