Methven TC 11 October 2020 – R 8 – Chair, Mr D Anderson
ID: JCA10734
Meet Title:
Methven TC - 11 October 2020
Meet Chair:
DAnderson
Meet Committee Member 1:
RMcKenzie
Race Date:
2020/10/11
Race Number:
R 8
Decision:
Mrs Lethaby having admitted the breach the charge was found proved.
Penalty:
Accordingly, Mrs Lethaby was fined the sum of $200.
Facts:
Following the running of Race 8 an Information was filed by Stipendiary Steward Mr P Williams alleging a breach of Rule 869 (4)(6)(b)(c) by Open Driver Mrs A Lethaby. The Information stated that “Driver A Lethaby (CLASSY KID) forced (BUCKSKIN) to race wider on the track racing into the first bend.”
Mrs Lethaby had signed the Information stating she did admit the breach. When asked by the Committee she confirmed she now has a clear understanding of the rule.
Rule 869(4)(6)(b)(c) reads 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: -
(b) A horse 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 Williams with the assistance of Mr Renault used the race video to identify Mrs Lethaby racing 4 back on the inside racing into the first bend approximately 200 metres after the start.
Mr Renault then pointed to MAKASAR BOY who was just forward and to the outside of Mrs Lethaby. He then demonstrated Mrs Lethaby angle out into the running line behind MAKASAR BOY as BUCKSKIN had improved up on to the wheel of Mrs Lethaby.
Mr Williams played the back straight video which clearly showed BUCKSKIN being dictated 3 wide. Mr Williams continued to play the film until the field entered the front straight to demonstrate BUCKSKIN racing the entire bend in a 3 wide position.
Mrs Lethaby’s only comment was she was unaware the Push Out Rule had been changed and she only learned of this when entering the Stewards room before the commencement of the hearing.
Submissions for Penalty:
Mr Williams said Mrs Lethaby has had 14 drives this season and 87 last season. He said Mrs Lethaby has a clear record under this rule. He referred to the JCA penalty starting point of five drives or a $250 fine for a breach of this rule and submitted a fine in the vicinity of $250 was appropriate.
Mrs Lethaby asked the Committee to consider she had just been made aware of the rule change and that BUCKSKIN had gone on from the incident and won the race.
Reasons for Penalty:
The Committee has taken the JCA Penalty Guide starting point for a breach of this rule which is five drives or a $250 fine. We consider a fine appropriate in this case.
There are no Aggravating factors to consider.
The Mitigating factors are Mrs Lethaby’s clear record and admission for which we afford her a $50 discount.
We therefore determined that a fine of $200 was an appropriate penalty 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: 009c7f90d69fae801b3d90a8b6d63fb6
informantnumber: A13604
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of Rule 869(4)(6)(b)(c) - push out rule
plea: admitted
penaltyrequired: 1
decisiondate: 13/10/2020
hearing_title: Methven TC 11 October 2020 - R 8 - Chair, Mr D Anderson
charge:
facts:
Following the running of Race 8 an Information was filed by Stipendiary Steward Mr P Williams alleging a breach of Rule 869 (4)(6)(b)(c) by Open Driver Mrs A Lethaby. The Information stated that “Driver A Lethaby (CLASSY KID) forced (BUCKSKIN) to race wider on the track racing into the first bend.”
Mrs Lethaby had signed the Information stating she did admit the breach. When asked by the Committee she confirmed she now has a clear understanding of the rule.
Rule 869(4)(6)(b)(c) reads 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: -
(b) A horse 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 Williams with the assistance of Mr Renault used the race video to identify Mrs Lethaby racing 4 back on the inside racing into the first bend approximately 200 metres after the start.
Mr Renault then pointed to MAKASAR BOY who was just forward and to the outside of Mrs Lethaby. He then demonstrated Mrs Lethaby angle out into the running line behind MAKASAR BOY as BUCKSKIN had improved up on to the wheel of Mrs Lethaby.
Mr Williams played the back straight video which clearly showed BUCKSKIN being dictated 3 wide. Mr Williams continued to play the film until the field entered the front straight to demonstrate BUCKSKIN racing the entire bend in a 3 wide position.
Mrs Lethaby’s only comment was she was unaware the Push Out Rule had been changed and she only learned of this when entering the Stewards room before the commencement of the hearing.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mrs Lethaby having admitted the breach the charge was found proved.
sumissionsforpenalty:
Mr Williams said Mrs Lethaby has had 14 drives this season and 87 last season. He said Mrs Lethaby has a clear record under this rule. He referred to the JCA penalty starting point of five drives or a $250 fine for a breach of this rule and submitted a fine in the vicinity of $250 was appropriate.
Mrs Lethaby asked the Committee to consider she had just been made aware of the rule change and that BUCKSKIN had gone on from the incident and won the race.
reasonsforpenalty:
The Committee has taken the JCA Penalty Guide starting point for a breach of this rule which is five drives or a $250 fine. We consider a fine appropriate in this case.
There are no Aggravating factors to consider.
The Mitigating factors are Mrs Lethaby’s clear record and admission for which we afford her a $50 discount.
We therefore determined that a fine of $200 was an appropriate penalty in this case.
penalty:
Accordingly, Mrs Lethaby was fined the sum of $200.
hearing_type: Hearing
Rules: 869(4)(6)(b)(c)
Informant: Mr P Williams - Stipendiary Steward
JockeysandTrainer: Mrs A Lethaby - Open Driver
Otherperson: Mr S Renault - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 10e5c6ce34e74e87d066111d5439d866
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 87916639eefbf7e677d0b76ef2988daa
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 11/10/2020
meet_title: Methven TC - 11 October 2020
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: methven-tc
meet_racingtype: harness-racing
meet_chair: DAnderson
meet_pm1: RMcKenzie
meet_pm2: none
name: Methven TC