Wyndham HRC 13 November 2016 – R 5 – Chair, Mr N Skelt
ID: JCA12016
Meet Title:
Wyndham HRC - 13 November 2016
Meet Chair:
NSkelt
Race Date:
2016/11/13
Race Number:
R 5
Decision:
As Mr Lee had admitted this breach of this rule it was found to be proved.
Penalty:
Mr Lee was fined the sum of $250.
Facts:
At the conclusion of race 5 ILT Centre Point / South City Liquorland Handicap Trot, Information A8419 was lodged by Stipendiary Steward, Mr S Wallis, alleging G Lee the driver of 'Moment Of Sun' has permitted his horse to shift into the passing lane, when he had an unimpeded run to the finish line, and in doing so failed to maintain, as straight a course to the finish line as possible.
Mr Lee admitted the breach, and was present at the hearing; he also acknowledged that he understood the rule.
The rule reads “No horseman shall during any race do anything which interferes or is likely to interfere with his own and/or any other horse or its progress”
(6) Subject to clause 4 hereof, in the last lap of any race no horse shall move inwards into the expanded inside lane (or any part thereof) when it has an unimpeded run to the finish line.
(7) Except where a horseman is making a move pursuant to Rule 869(7) and subject to the preceding provisions of this regulation where applicable, every horse shall upon entering the home straight prior to the finish maintain as straight a course as possible to the finish line.
Stipendiary Steward, Mr Renault gave evidence and used video coverage to illustrate the incident. Mr Renault highlighted 'Moment Of Sun' (G. Lee) leading on the home turn, then shifting down the track into the passing lane when he had an unimpaired run to the finish line and in doing so failed to maintain as straight a course to the finish line as possible.
Mr Renault also highlighted 'Overcast' (R. McIlwrick) who was in the trailing position, had to be checked and change its course to then regain its momentum to the finish line.
Mr Renault also stated that whilst 'Overcast' had to change ground it did not affect his chances of gaining a higher placing.
Mr Lee stated that he initially wanted to test the rule, but after further consideration and viewing the incident he freely admitted that he had made an error of judgement. He said his horse was a winning chance and was on one rein, if he had tried to correct him he would have broken and lost his chance.
Submissions for Penalty:
In relation to penalty Stipendiary Steward, Mr Wallis stated that Mr Lee had no previous breaches under this rule over the past 12 months.
Mr Lee had 61 drives last season, and has had two drives this season.
Mr Wallis submitted that the JCA penalty guide recommended a starting point of $300 fine, or a six drive suspension for a breach of the rule.
Mr Lee stated he did not believe a suspension was appropriate, and a smaller fine would be adequate as no other horses chances had been seriously affected by his actions.
Reasons for Penalty:
In considering the matter of an appropriate penalty I took into account that Mr Lee had admitted the breach and that he had not previously breached this rule over the past 12 months. I was satisfied that an appropriate starting point for a penalty in this case was a fine of $300 and this should be reduced to $250 to take into account the above matters.
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: 2a96a26b899c2b9846fb465e2a605c2e
informantnumber: A8419
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Interference
plea: admitted
penaltyrequired: 1
decisiondate: 15/11/2016
hearing_title: Wyndham HRC 13 November 2016 - R 5 - Chair, Mr N Skelt
charge:
facts:
At the conclusion of race 5 ILT Centre Point / South City Liquorland Handicap Trot, Information A8419 was lodged by Stipendiary Steward, Mr S Wallis, alleging G Lee the driver of 'Moment Of Sun' has permitted his horse to shift into the passing lane, when he had an unimpeded run to the finish line, and in doing so failed to maintain, as straight a course to the finish line as possible.
Mr Lee admitted the breach, and was present at the hearing; he also acknowledged that he understood the rule.
The rule reads “No horseman shall during any race do anything which interferes or is likely to interfere with his own and/or any other horse or its progress”
(6) Subject to clause 4 hereof, in the last lap of any race no horse shall move inwards into the expanded inside lane (or any part thereof) when it has an unimpeded run to the finish line.
(7) Except where a horseman is making a move pursuant to Rule 869(7) and subject to the preceding provisions of this regulation where applicable, every horse shall upon entering the home straight prior to the finish maintain as straight a course as possible to the finish line.
Stipendiary Steward, Mr Renault gave evidence and used video coverage to illustrate the incident. Mr Renault highlighted 'Moment Of Sun' (G. Lee) leading on the home turn, then shifting down the track into the passing lane when he had an unimpaired run to the finish line and in doing so failed to maintain as straight a course to the finish line as possible.
Mr Renault also highlighted 'Overcast' (R. McIlwrick) who was in the trailing position, had to be checked and change its course to then regain its momentum to the finish line.
Mr Renault also stated that whilst 'Overcast' had to change ground it did not affect his chances of gaining a higher placing.
Mr Lee stated that he initially wanted to test the rule, but after further consideration and viewing the incident he freely admitted that he had made an error of judgement. He said his horse was a winning chance and was on one rein, if he had tried to correct him he would have broken and lost his chance.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Lee had admitted this breach of this rule it was found to be proved.
sumissionsforpenalty:
In relation to penalty Stipendiary Steward, Mr Wallis stated that Mr Lee had no previous breaches under this rule over the past 12 months.
Mr Lee had 61 drives last season, and has had two drives this season.
Mr Wallis submitted that the JCA penalty guide recommended a starting point of $300 fine, or a six drive suspension for a breach of the rule.
Mr Lee stated he did not believe a suspension was appropriate, and a smaller fine would be adequate as no other horses chances had been seriously affected by his actions.
reasonsforpenalty:
In considering the matter of an appropriate penalty I took into account that Mr Lee had admitted the breach and that he had not previously breached this rule over the past 12 months. I was satisfied that an appropriate starting point for a penalty in this case was a fine of $300 and this should be reduced to $250 to take into account the above matters.
penalty:
Mr Lee was fined the sum of $250.
hearing_type: Hearing
Rules: 869(4)
Informant: Mr S Wallis - Stipendiary Steward
JockeysandTrainer: Mr G Lee - Driver of MOMENT OF SUN
Otherperson: Mr S Renault - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 516d83bdd4119d8336e5f73f535931c4
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 97b8911cc4cf4d50b1371fe7ec0e39f7
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 13/11/2016
meet_title: Wyndham HRC - 13 November 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: wyndham-hrc
meet_racingtype: harness-racing
meet_chair: NSkelt
meet_pm1: none
meet_pm2: none
name: Wyndham HRC