HR Waikato 8 May 2014 – R 7
ID: JCA10831
Meet Title:
Harness Racing Waikato - 8 May 2014
Meet Chair:
AGodsalve
Meet Committee Member 1:
ADooley
Race Date:
2014/05/08
Race Number:
R7
Decision:
As Mr Abernethy admitted the breach the charge was subsequently proved.
Penalty:
The Committee therefore imposed a fine of $200 on Mr Abernethy.
Facts:
Following the running of Race 7, the Emerald Bar Harness Jewels Mobile Pace, an Information was filed pursuant to Rule 869 (4) and 869 (6) (b) and (c). The Informant Mr Muirhead alleged that Licensed Driver Mr J Abernethy had improved his horse SHESTHEREALDEAL outwards from the running rail prior to the 1000 metre mark forcing TAKE THE HINT, driven by Mr B Butcher to race wider on the track.
Mr Abernethy acknowledged that he understood the nature of the charge and the Rules, and confirmed that he admitted the breach.
Rule 869(4) states: "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".
Rule 869(6) (b) states: "A horse making a forward movement during any race shall not be forced to race wider on the track".
Rule 869(6) (c) states: "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 Muirhead used the available video films to point out the position of SHESTHEREALDEAL and TAKE THE HINT in the home straight as the field approached the finishing post with a lap of the track to travel. He identified Mr Abernethy driving SHESTHEREALDEAL in a position 3 back on the fence, with TAKE THE HINT, driven by Mr Butcher in a one out/one back position improving its position outside SHESTHEREALDEAL. Mr Muirhead pointed out that Mr Abernethy then proceeded to come out onto TAKE THE HINT forcing that horse into a 3 wide position. As a consequence of this action by Mr Abernethy TAKE THE HINT was obliged to race in a 3 wide position for the remainder of the race. This incident took place as the field approached the 1000 metre mark which Mr Muirhead reminded the Committee was a breach of the appropriate Rules.
Mr Abernerthy acknowledged that he had 'come out slightly' prior to the 1000 metre mark but added that he had successfully 'pushed out' after the 1000 metre mark was passed.
The Committee advised Mr Abernethy that it was clear from the films that he had commenced angling his horse outwards onto TAKE THE HINT well before the 1000 metre mark was reached.
Submissions for Penalty:
Mr Muirhead told the Committee that Mr Abernethy had a clear record regarding breaches of these Rules.
He submitted that a breach of these rules usually resulted in a standard fine of $200 and stated that amount would be an appropriate penalty in this matter.
Mr Abernethy had nothing to say when given the opportunity to comment on his likely penalty.
Reasons for Penalty:
The Committee carefully considered all the evidence as presented.
The JCA Penalty Guide provides for a starting point of 5 drives or a $250 fine for a breach of these Rules.
In deciding an appropriate penalty in this matter we take into account Mr Abernethy's admission of the breach, and his clear record under these Rules. We assessed the level of seriousness as being at a low level.
Having looked at penalties handed down in other similar breaches and taking into account the above matters, the Committee felt an appropriate penalty for this breach would be a fine of $200.
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: 147b09d47e385359b044a64f44075f93
informantnumber: A3981
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of Push Out Rule
plea: admitted
penaltyrequired: 1
decisiondate: 06/05/2014
hearing_title: HR Waikato 8 May 2014 - R 7
charge:
facts:
Following the running of Race 7, the Emerald Bar Harness Jewels Mobile Pace, an Information was filed pursuant to Rule 869 (4) and 869 (6) (b) and (c). The Informant Mr Muirhead alleged that Licensed Driver Mr J Abernethy had improved his horse SHESTHEREALDEAL outwards from the running rail prior to the 1000 metre mark forcing TAKE THE HINT, driven by Mr B Butcher to race wider on the track.
Mr Abernethy acknowledged that he understood the nature of the charge and the Rules, and confirmed that he admitted the breach.
Rule 869(4) states: "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".
Rule 869(6) (b) states: "A horse making a forward movement during any race shall not be forced to race wider on the track".
Rule 869(6) (c) states: "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 Muirhead used the available video films to point out the position of SHESTHEREALDEAL and TAKE THE HINT in the home straight as the field approached the finishing post with a lap of the track to travel. He identified Mr Abernethy driving SHESTHEREALDEAL in a position 3 back on the fence, with TAKE THE HINT, driven by Mr Butcher in a one out/one back position improving its position outside SHESTHEREALDEAL. Mr Muirhead pointed out that Mr Abernethy then proceeded to come out onto TAKE THE HINT forcing that horse into a 3 wide position. As a consequence of this action by Mr Abernethy TAKE THE HINT was obliged to race in a 3 wide position for the remainder of the race. This incident took place as the field approached the 1000 metre mark which Mr Muirhead reminded the Committee was a breach of the appropriate Rules.
Mr Abernerthy acknowledged that he had 'come out slightly' prior to the 1000 metre mark but added that he had successfully 'pushed out' after the 1000 metre mark was passed.
The Committee advised Mr Abernethy that it was clear from the films that he had commenced angling his horse outwards onto TAKE THE HINT well before the 1000 metre mark was reached.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Abernethy admitted the breach the charge was subsequently proved.
sumissionsforpenalty:
Mr Muirhead told the Committee that Mr Abernethy had a clear record regarding breaches of these Rules.
He submitted that a breach of these rules usually resulted in a standard fine of $200 and stated that amount would be an appropriate penalty in this matter.
Mr Abernethy had nothing to say when given the opportunity to comment on his likely penalty.
reasonsforpenalty:
The Committee carefully considered all the evidence as presented.
The JCA Penalty Guide provides for a starting point of 5 drives or a $250 fine for a breach of these Rules.
In deciding an appropriate penalty in this matter we take into account Mr Abernethy's admission of the breach, and his clear record under these Rules. We assessed the level of seriousness as being at a low level.
Having looked at penalties handed down in other similar breaches and taking into account the above matters, the Committee felt an appropriate penalty for this breach would be a fine of $200.
penalty:
The Committee therefore imposed a fine of $200 on Mr Abernethy.
hearing_type: Hearing
Rules: 869(4),869(6)(b)(c)
Informant: Mr J M Muirhead - Stipendiary Steward
JockeysandTrainer: Mr J Abernethy - Licensed Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: f67db49f86985bbecbb482d4f2e4e138
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: d1199b229002bd90ec0178f9e62940bd
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 08/05/2014
meet_title: Harness Racing Waikato - 8 May 2014
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