Akaroa TC 18 March 2012 – R 8
ID: JCA12658
Meet Title:
Akaroa TC - 18 March 2012
Meet Chair:
JPhelan
Meet Committee Member 1:
RMcKenzie
Race Date:
2012/03/18
Race Number:
R 8
Decision:
The charge was found to be proved.
Penalty:
Mr Pash was fined the sum of $200-00.
Charge:
Alleged breach of Rules 869(4) and (6)(b) and (c)
Facts:
Following the running of Race 8, the Resource Recycling Technologies Akaroa Cup, an Information was filed by Stipendiary Steward Mr A.L. Ray against Open Horseman Mr M. A Pash, the driver of “Jass” (6), alleging a breach of Rules 869(4) and (6)(b) and (c) in that he was in breach of the “push out” rule.
The charge reads as follows:
“I the above named informant allege that the above named Respondent committed a breach of Rule 869 (6)(b) and (c) in that prior to the 1000m you improved your position outwards when “Samuel James” had reached your wheel, thus your movement caused “Samuel James” to be pushed out and race wider on the track.”
Rules 869(4) and (6)(b) and (c) read 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:-
(a) …..
(b) a horse making a forward movement 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 Pash had indicated on the Information that this breach of the Rules was admitted and he confirmed this at the hearing. He also agreed that he understood the charge and the Rules it was brought under.
Submissions for Decision:
Stipendiary Steward Mr Ray gave evidence and used video coverage to illustrate this incident, as set out in the charge.
Mr Pash explained that he had decided to move into the three wide line before “Samuel James” arrived, but that the speed of “Samuel James” movement forward, and the slow response from “Jass” had led to this breach.
Reasons for Decision:
As Mr Pash had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Submissions for Penalty:
In relation to penalty Mr Ray said that Mr Pash had not previously breached this Rule, and as it was admitted submitted that a fine of $200-00 should be imposed. It was established that the Penalty Guide recommends a starting point of a $250-00 fine for a breach of this Rule.
Mr Pash had nothing relevant to say in relation to penalty.
Reasons for Penalty:
In considering the matter of an appropriate penalty we took into account that Mr Pash had admitted the breach and also that he had not previously breached the Rule. We were satisfied that an appropriate starting point for a penalty in this case was a fine of $250-00, and that this should be reduced to $200-00 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: 4583284ec94b94366d1be8b86e5fd5d7
informantnumber: A5239
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 12/03/2012
hearing_title: Akaroa TC 18 March 2012 - R 8
charge:
Alleged breach of Rules 869(4) and (6)(b) and (c)
facts:
Following the running of Race 8, the Resource Recycling Technologies Akaroa Cup, an Information was filed by Stipendiary Steward Mr A.L. Ray against Open Horseman Mr M. A Pash, the driver of “Jass” (6), alleging a breach of Rules 869(4) and (6)(b) and (c) in that he was in breach of the “push out” rule.
The charge reads as follows:
“I the above named informant allege that the above named Respondent committed a breach of Rule 869 (6)(b) and (c) in that prior to the 1000m you improved your position outwards when “Samuel James” had reached your wheel, thus your movement caused “Samuel James” to be pushed out and race wider on the track.”
Rules 869(4) and (6)(b) and (c) read 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:-
(a) …..
(b) a horse making a forward movement 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 Pash had indicated on the Information that this breach of the Rules was admitted and he confirmed this at the hearing. He also agreed that he understood the charge and the Rules it was brought under.
appealdecision:
isappeal:
submissionsfordecision:
Stipendiary Steward Mr Ray gave evidence and used video coverage to illustrate this incident, as set out in the charge.
Mr Pash explained that he had decided to move into the three wide line before “Samuel James” arrived, but that the speed of “Samuel James” movement forward, and the slow response from “Jass” had led to this breach.
reasonsfordecision:
As Mr Pash had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Decision:
The charge was found to be proved.
sumissionsforpenalty:
In relation to penalty Mr Ray said that Mr Pash had not previously breached this Rule, and as it was admitted submitted that a fine of $200-00 should be imposed. It was established that the Penalty Guide recommends a starting point of a $250-00 fine for a breach of this Rule.
Mr Pash had nothing relevant to say in relation to penalty.
reasonsforpenalty:
In considering the matter of an appropriate penalty we took into account that Mr Pash had admitted the breach and also that he had not previously breached the Rule. We were satisfied that an appropriate starting point for a penalty in this case was a fine of $250-00, and that this should be reduced to $200-00 to take into account the above matters.
penalty:
Mr Pash was fined the sum of $200-00.
hearing_type: Hearing
Rules: 869(4) and (6)(b) and (c)
Informant: Mr A L Ray - Stipendiary Steward
JockeysandTrainer: Mr M A Pash - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 5d42f9d484e6b371d542636fc4413e0e
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: c3e78ba70c2b23afc21a4c064726a7f5
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 18/03/2012
meet_title: Akaroa TC - 18 March 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: akaroa-tc
meet_racingtype: harness-racing
meet_chair: JPhelan
meet_pm1: RMcKenzie
meet_pm2: none
name: Akaroa TC