Geraldine TC 26 November 2016 – R 11 – Chair, Mr S Ching
ID: JCA10946
Meet Title:
Geraldine TC - 26 November 2016
Meet Chair:
SChing
Meet Committee Member 1:
GClapp
Race Date:
2016/11/26
Race Number:
R11
Decision:
As Mr Purvis admitted the breach the charge was found proved.
Penalty:
Accordingly, Mr Purvis was fined the sum of $200.
Facts:
Following the running of Race 11, the Turley Farms Mobile Pace, an Information was filed by Stipendiary Steward Mr S Renault against Junior Horseman Mr M Purvis, alleging a breach of Rule 869(4)(6)(b) (c), in that when driving THE NANS MAN, he pushed SHANTAHLIA ROMEO, driven by Miss A Stewart, wider on the track prior to the 1000m when SHANTAHLIA ROMEO was improving.
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 making a forward moment 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 Purvis had indicated on the Information that this breach of the Rules was admitted. Mr Purvis had also informed the Stewards that he did not wish to be present at the hearing.
Mr Renault stated that Mr Purvis was assisted at the Stewards investigation by Open Horseman Mr G Smith.
Mr Renault gave evidence and used video coverage to show that prior to the 1100m SHANTAHLIA ROMEO, driven by Miss A Stewart, was racing at the rear of the field on the outer. He said that the horse immediately ahead of Miss Stewart shifted out into a 3-wide position with Miss Stewart following into the 3-wide line. Mr Purvis was in a 2-wide position inside Miss Stewart and prior to the 1000m Mr Purvis shifted out into a 3-wide position forcing Miss Stewart out into the 4-wide line. Mr Renault stated that as Miss Stewart was improving on the outside of Mr Purvis, he was not entitled to shift her outwards prior to the 1000m and therefore was in breach of the push out rule. He said that in shifting Miss Stewart out Mr Purvis had locked wheels with another runner with his horse breaking as a result.
Submissions for Penalty:
Mr Renault informed the Committee that Mr Purvis had driven on 23 occasions so far this season, with 108 drives last season. He stated that Mr Purvis had admitted the breach and has a clear record regarding this rule over the previous 12 months. Mr Renault stated that the JCA Penalty Guide showed that a starting point for a breach of this Rule was a fine of $250. Mr Renault stated that with Mr Purvis’ good record, his admission of the breach and his status as a Junior Driver that a fine of $200 be considered as penalty.
Reasons for Penalty:
In determining penalty, the Committee took into account all aggravating and mitigating factors. In mitigation credit was given for Mr Purvis’ ready admission of the breach, his status as a Junior Driver and his good record. The only aggravating factor is the consequences of Mr Purvis’ actions which was the breaking of his own horse. In taking the JCA Penalty Guide starting point of a $250 fine the Committee determined an uplift was required due to the aggravating factors, with that uplift being $50 to a fine of $300. The Committee were however able to afford Mr Purvis a discount of $50 for his admission of the breach and a further discount of $50 for his good record and status as a Junior Driver. 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: 0f0614d4b2b9653b6eb331e849693115
informantnumber: A1689
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: 869(4)(6)(b)(c)
plea: admitted
penaltyrequired: 1
decisiondate: 29/11/2016
hearing_title: Geraldine TC 26 November 2016 - R 11 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 11, the Turley Farms Mobile Pace, an Information was filed by Stipendiary Steward Mr S Renault against Junior Horseman Mr M Purvis, alleging a breach of Rule 869(4)(6)(b) (c), in that when driving THE NANS MAN, he pushed SHANTAHLIA ROMEO, driven by Miss A Stewart, wider on the track prior to the 1000m when SHANTAHLIA ROMEO was improving.
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 making a forward moment 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 Purvis had indicated on the Information that this breach of the Rules was admitted. Mr Purvis had also informed the Stewards that he did not wish to be present at the hearing.
Mr Renault stated that Mr Purvis was assisted at the Stewards investigation by Open Horseman Mr G Smith.
Mr Renault gave evidence and used video coverage to show that prior to the 1100m SHANTAHLIA ROMEO, driven by Miss A Stewart, was racing at the rear of the field on the outer. He said that the horse immediately ahead of Miss Stewart shifted out into a 3-wide position with Miss Stewart following into the 3-wide line. Mr Purvis was in a 2-wide position inside Miss Stewart and prior to the 1000m Mr Purvis shifted out into a 3-wide position forcing Miss Stewart out into the 4-wide line. Mr Renault stated that as Miss Stewart was improving on the outside of Mr Purvis, he was not entitled to shift her outwards prior to the 1000m and therefore was in breach of the push out rule. He said that in shifting Miss Stewart out Mr Purvis had locked wheels with another runner with his horse breaking as a result.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Purvis admitted the breach the charge was found proved.
sumissionsforpenalty:
Mr Renault informed the Committee that Mr Purvis had driven on 23 occasions so far this season, with 108 drives last season. He stated that Mr Purvis had admitted the breach and has a clear record regarding this rule over the previous 12 months. Mr Renault stated that the JCA Penalty Guide showed that a starting point for a breach of this Rule was a fine of $250. Mr Renault stated that with Mr Purvis’ good record, his admission of the breach and his status as a Junior Driver that a fine of $200 be considered as penalty.
reasonsforpenalty:
In determining penalty, the Committee took into account all aggravating and mitigating factors. In mitigation credit was given for Mr Purvis’ ready admission of the breach, his status as a Junior Driver and his good record. The only aggravating factor is the consequences of Mr Purvis’ actions which was the breaking of his own horse. In taking the JCA Penalty Guide starting point of a $250 fine the Committee determined an uplift was required due to the aggravating factors, with that uplift being $50 to a fine of $300. The Committee were however able to afford Mr Purvis a discount of $50 for his admission of the breach and a further discount of $50 for his good record and status as a Junior Driver. We therefore determined that a fine of $200 was an appropriate penalty in this case.
penalty:
Accordingly, Mr Purvis was fined the sum of $200.
hearing_type: Hearing
Rules: Breach of Rule 869(4)(6)(b)(c)- the push out rule.
Informant: S Renault- Stipendiary Steward
JockeysandTrainer: M Purvis-Junior Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 0c6d7c675aa496ade784c638542cdc70
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R11
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 6f25160ab0239f49a611af8fc7a98dda
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 26/11/2016
meet_title: Geraldine TC - 26 November 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: geraldine-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: GClapp
meet_pm2: none
name: Geraldine TC