Archive Decision

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Auckland TC 6 March 2020 – R 7 – Chair, Mr B J Scott

ID: JCA10855

Applicant:
Mr N Ydgren - Chief Stipendiary Steward

Respondent(s):
Ms N Rasmussen - Licensed Open Horsewoman

Information Number:
A12955

Hearing Type:
Hearing

New Charge:
Breach of the Pushout Rule

Rules:
Rule 869(4) and Rule 869(6)(b)(c)

Plea:
admitted

Meet Title:
Auckland TC - 6 March 2020

Meet Chair:
BScott

Meet Committee Member 1:
AGodsalve

Race Date:
2020/03/06

Race Number:
R7

Decision:

The breach is admitted and therefore the charge is proved.

Penalty:

This Committee imposes a fine of $400.00 on Ms Rasmussen.

Facts:

Following the running of the 2020 WOODLANDS STUD NORTHERN DERBY an Information was lodged by Chief Stipendiary Steward Mr N Ydgren against Driver Ms N Rasmussen alleging that Ms Rasmussen as the Driver of ONE CHANGE  shifted her runner outwards near the 1250 metres mark and forced COPY THAT (Driver Mr D Butcher) to race wider on the track.

Rule 869(4) provides: No driver 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) sub paragraph (b) provides : a horse during any race shall not be forced to race wider on the track.

and sub paragraph (c) provides : 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.

Rule 869(7) provides : Sub-rule (6)(b)and (c) of this Rule shall apply until 1000 metres from the finish of the race. From this point all drivers shall be expected to make moves, with safety, to ensure the horse obtains the best possible place in the field.

Ms Rasmussen was present at the Hearing and she acknowledged that she understood the Rules and she confirmed to the Committee that she admitted the breach.

Mr Ydgren demonstrated the incident by use of the race films and showed where just prior to the 1250 metres mark Ms Rasmussen was in the trail and Mr Butcher driving COPY THAT was trailing behind her. Mr Butcher moved his horse one out and moved forwards outside Ms Rasmussen's sulky wheel and then Ms Rasmussen moved outwards and forced Mr Butcher wider into the 3 wide line. Mr Butcher then had to restrain his horse and move down into the trailing position. The whole incident was only over a short distance.

Ms Rasmussen said her horse was slow to respond but she also said Mr Butcher could have avoided being pushed out.

Mr Ydgren said it was a breach of the Pushout Rule.

Submissions for Penalty:

Mr Ydgren said that Ms Rasmussen has a good record under this rule. He also said that she has had 56 drives this season.

Mr Ydgren referred to the JCA Penalty Guide which provides a starting point penalty of a $250.00 fine or a 5 drive suspension. He submitted that because this was a Group One Race the Stewards believed that any penalty should be doubled.

He also said that Ms Rasmussen should be given credit for her admission of the breach and for being straightforward and open with the Stewards.

Ms Rasmussen said that she would prefer a fine because she has a busy period of driving coming up.

Reasons for Penalty:

The Committee has listened to the evidence and reviewed the race films. The films show the incident very clearly. The incident was over a short distance during the race and in our view did not significantly affect Mr Butcher's horse.

We give Ms Rasmussen credit for her good record under this rule. We are told that Ms Rasmussen admitted the breach at the first instance but in our view that was inevitable given the clear film evidence.

We are aware of the Starting Point Penalties and we agree that any penalty should be higher bearing in mind that this was a Group One race.

We do however take the view that this was not a significant breach of the above Rules and this is reflected in our penalty.

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: 1576a22e169d25160602fd82a5382cca


informantnumber: A12955


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Breach of the Pushout Rule


plea: admitted


penaltyrequired: 1


decisiondate: 09/03/2020


hearing_title: Auckland TC 6 March 2020 - R 7 - Chair, Mr B J Scott


charge:


facts:

Following the running of the 2020 WOODLANDS STUD NORTHERN DERBY an Information was lodged by Chief Stipendiary Steward Mr N Ydgren against Driver Ms N Rasmussen alleging that Ms Rasmussen as the Driver of ONE CHANGE  shifted her runner outwards near the 1250 metres mark and forced COPY THAT (Driver Mr D Butcher) to race wider on the track.

Rule 869(4) provides: No driver 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) sub paragraph (b) provides : a horse during any race shall not be forced to race wider on the track.

and sub paragraph (c) provides : 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.

Rule 869(7) provides : Sub-rule (6)(b)and (c) of this Rule shall apply until 1000 metres from the finish of the race. From this point all drivers shall be expected to make moves, with safety, to ensure the horse obtains the best possible place in the field.

Ms Rasmussen was present at the Hearing and she acknowledged that she understood the Rules and she confirmed to the Committee that she admitted the breach.

Mr Ydgren demonstrated the incident by use of the race films and showed where just prior to the 1250 metres mark Ms Rasmussen was in the trail and Mr Butcher driving COPY THAT was trailing behind her. Mr Butcher moved his horse one out and moved forwards outside Ms Rasmussen's sulky wheel and then Ms Rasmussen moved outwards and forced Mr Butcher wider into the 3 wide line. Mr Butcher then had to restrain his horse and move down into the trailing position. The whole incident was only over a short distance.

Ms Rasmussen said her horse was slow to respond but she also said Mr Butcher could have avoided being pushed out.

Mr Ydgren said it was a breach of the Pushout Rule.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

The breach is admitted and therefore the charge is proved.


sumissionsforpenalty:

Mr Ydgren said that Ms Rasmussen has a good record under this rule. He also said that she has had 56 drives this season.

Mr Ydgren referred to the JCA Penalty Guide which provides a starting point penalty of a $250.00 fine or a 5 drive suspension. He submitted that because this was a Group One Race the Stewards believed that any penalty should be doubled.

He also said that Ms Rasmussen should be given credit for her admission of the breach and for being straightforward and open with the Stewards.

Ms Rasmussen said that she would prefer a fine because she has a busy period of driving coming up.


reasonsforpenalty:

The Committee has listened to the evidence and reviewed the race films. The films show the incident very clearly. The incident was over a short distance during the race and in our view did not significantly affect Mr Butcher's horse.

We give Ms Rasmussen credit for her good record under this rule. We are told that Ms Rasmussen admitted the breach at the first instance but in our view that was inevitable given the clear film evidence.

We are aware of the Starting Point Penalties and we agree that any penalty should be higher bearing in mind that this was a Group One race.

We do however take the view that this was not a significant breach of the above Rules and this is reflected in our penalty.


penalty:

This Committee imposes a fine of $400.00 on Ms Rasmussen.


hearing_type: Hearing


Rules: Rule 869(4) and Rule 869(6)(b)(c)


Informant: Mr N Ydgren - Chief Stipendiary Steward


JockeysandTrainer: Ms N Rasmussen - Licensed Open Horsewoman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 8bbee4f432ec52fb987d3b631eeda256


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: 6911a6d031fcdf3ef1224256840da653


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 06/03/2020


meet_title: Auckland TC - 6 March 2020


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: auckland-tc


meet_racingtype: harness-racing


meet_chair: BScott


meet_pm1: AGodsalve


meet_pm2: none


name: Auckland TC