Reefton TC 30 December 2017 – R 6 – Chair, Mr R McKenzie
ID: JCA12936
Meet Title:
Reefton TC - 30 December 2017
Meet Chair:
RMcKenzie
Meet Committee Member 1:
GClapp
Race Date:
2017/12/30
Race Number:
R6
Decision:
The charge was found proved.
Penalty:
Mr Hope is fined the sum of $150.
Facts:
Following the running of Race 6, Reefton Coffin Co Mobile Pace, an Information was filed by Stipendiary Steward, Mr SW Wallis, against Licensed Junior Driver, Mr BT Hope, alleging that Mr Hope, as the driver of UNICO ENCHANTRESS in the race, “shifted outwards nearing the 1300 metres forcing CINDY BROMAC (R T May) wider on the track”.
Mr Hope had signed the Statement by the Respondent on the Information form indicating that he denied the breach. The Rule and the Regulation were read to Mr Hope and he confirmed he understood them both. He also confirmed that he denied the breach. He was assisted at the hearing by Licensed Open Horseman, Mr GD Smith.
Rule 869 provides 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 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.
Submissions for Decision:
Mr Wallis had Stipendiary Steward, Mr SP Renault, point out the runners involved. He demonstrated, on three different camera angles, UNICO ENCHANTRESS, driven by Mr Hope, racing five places back in the 2-wide line, with CINDY BROMAC, driven by Mr May, behind it in a gap of a couple of lengths. Mr May made ground and angled outwards to the outside of Mr Hope to improve 3-wide and clearly reached the sulky wheel of UNICO ENCHANTRESS, Mr Wallis said. Mr Hope then improved his horse outwards, forcing Mr May to race 4-wide. Shortly after that, Mr May took a hold of his runner and eased back onto the back of Mr Hope
Mr Wallis submitted that Mr Hope had been able to secure for his horse a more advantageous position in the race rather than being pushed back in the field as runners improved.
Mr May said that, approaching the 1300 metres, he had been eased wider on the track. The pace was not fast so he had pulled out to make a run round the field. He had expected Mr Hope to come out in front of him but he had left it “a metre too late” but, in the end, he was only 4-wide for six strides before easing back on his back. There was “not a lot in it”, Mr May said. He confirmed to Mr Wallis that he was out 3-wide and was just on Mr Hope’s wheel when Mr Hope came out. Despite being pushed out initially, Mr May said, he ended up getting a good run thereafter and his chances were not affected.
Mr Smith admitted that Mr Hope had come out a “fraction late” but he was an inexperienced junior driver and he had not affected any other runner. He had not gained any advantage as he had been left 3-wide, Mr Smith added. Mr Hope would learn from it. He submitted that it was not a breach that should cost Mr Hope a suspension or a fine.
Reasons for Decision:
The Committee, having listened to the submissions of the parties and carefully viewed the video replays, was satisfied that a breach of the pushout rule had been committed. The Committee adds, at the outset, that the breach is a very low-level one, but a breach nevertheless. Mr Hope had made an outwards movement after the nose of Mr May’s runner was in line with or past Mr Hope’s sulky wheel resulting in Mr May having to race wider on the track, albeit for a relatively short distance.
Submissions for Penalty:
Mr Hope is in his first season as a Junior Driver. Prior to today, he had driven in 41 races, Mr Wallis said. He has a clear record under the Rule.
The starting point for a breach of the Rule is a 5-drives’ suspension or a $250 fine. The level of offending was low and Mr Hope is a Junior Driver. Those factors should be taken into account by the Committee, Mr Wallis submitted. Stewards were submitting for a fine of $200, he said.
Mr Hope confirmed that he did not wish to take a suspension.
Mr Smith repeated the matters he had raised in his submissions by way of a defence to the charge.
Reasons for Penalty:
In determining penalty, the Committee took the starting point for a breach of the Rule of a $250 fine. A suspension was not required for this breach. The starting point is intended to be a starting point for a mid-level breach. The present case involved a very low level breach of the pushout Rule. On that basis, we have reduced the starting point to $200.
Mitigating factors are Mr Hope’s good record, albeit from a limited number of drives, and his Junior Driver status. The Committee allowed Mr Hope a discount for those factors of $50 from the starting point of $200 arrived at as above.
Decision Date: 02/01/2018
Publish Date: 02/01/2018
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: 6bd18f3693093ceca24c7dd10cb2ee16
informantnumber: A10210
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of Pushout Rule
plea: denied
penaltyrequired: 1
decisiondate: 02/01/2018
hearing_title: Reefton TC 30 December 2017 - R 6 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 6, Reefton Coffin Co Mobile Pace, an Information was filed by Stipendiary Steward, Mr SW Wallis, against Licensed Junior Driver, Mr BT Hope, alleging that Mr Hope, as the driver of UNICO ENCHANTRESS in the race, “shifted outwards nearing the 1300 metres forcing CINDY BROMAC (R T May) wider on the track”.
Mr Hope had signed the Statement by the Respondent on the Information form indicating that he denied the breach. The Rule and the Regulation were read to Mr Hope and he confirmed he understood them both. He also confirmed that he denied the breach. He was assisted at the hearing by Licensed Open Horseman, Mr GD Smith.
Rule 869 provides 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 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.
appealdecision:
isappeal:
submissionsfordecision:
Mr Wallis had Stipendiary Steward, Mr SP Renault, point out the runners involved. He demonstrated, on three different camera angles, UNICO ENCHANTRESS, driven by Mr Hope, racing five places back in the 2-wide line, with CINDY BROMAC, driven by Mr May, behind it in a gap of a couple of lengths. Mr May made ground and angled outwards to the outside of Mr Hope to improve 3-wide and clearly reached the sulky wheel of UNICO ENCHANTRESS, Mr Wallis said. Mr Hope then improved his horse outwards, forcing Mr May to race 4-wide. Shortly after that, Mr May took a hold of his runner and eased back onto the back of Mr Hope
Mr Wallis submitted that Mr Hope had been able to secure for his horse a more advantageous position in the race rather than being pushed back in the field as runners improved.
Mr May said that, approaching the 1300 metres, he had been eased wider on the track. The pace was not fast so he had pulled out to make a run round the field. He had expected Mr Hope to come out in front of him but he had left it “a metre too late” but, in the end, he was only 4-wide for six strides before easing back on his back. There was “not a lot in it”, Mr May said. He confirmed to Mr Wallis that he was out 3-wide and was just on Mr Hope’s wheel when Mr Hope came out. Despite being pushed out initially, Mr May said, he ended up getting a good run thereafter and his chances were not affected.
Mr Smith admitted that Mr Hope had come out a “fraction late” but he was an inexperienced junior driver and he had not affected any other runner. He had not gained any advantage as he had been left 3-wide, Mr Smith added. Mr Hope would learn from it. He submitted that it was not a breach that should cost Mr Hope a suspension or a fine.
reasonsfordecision:
The Committee, having listened to the submissions of the parties and carefully viewed the video replays, was satisfied that a breach of the pushout rule had been committed. The Committee adds, at the outset, that the breach is a very low-level one, but a breach nevertheless. Mr Hope had made an outwards movement after the nose of Mr May’s runner was in line with or past Mr Hope’s sulky wheel resulting in Mr May having to race wider on the track, albeit for a relatively short distance.
Decision:
The charge was found proved.
sumissionsforpenalty:
Mr Hope is in his first season as a Junior Driver. Prior to today, he had driven in 41 races, Mr Wallis said. He has a clear record under the Rule.
The starting point for a breach of the Rule is a 5-drives’ suspension or a $250 fine. The level of offending was low and Mr Hope is a Junior Driver. Those factors should be taken into account by the Committee, Mr Wallis submitted. Stewards were submitting for a fine of $200, he said.
Mr Hope confirmed that he did not wish to take a suspension.
Mr Smith repeated the matters he had raised in his submissions by way of a defence to the charge.
reasonsforpenalty:
In determining penalty, the Committee took the starting point for a breach of the Rule of a $250 fine. A suspension was not required for this breach. The starting point is intended to be a starting point for a mid-level breach. The present case involved a very low level breach of the pushout Rule. On that basis, we have reduced the starting point to $200.
Mitigating factors are Mr Hope’s good record, albeit from a limited number of drives, and his Junior Driver status. The Committee allowed Mr Hope a discount for those factors of $50 from the starting point of $200 arrived at as above.
penalty:
Mr Hope is fined the sum of $150.
hearing_type: Hearing
Rules: 869(4)&(6)(b)&(c)
Informant: Mr SW Wallis - Stipendiary Steward
JockeysandTrainer: Mr BT Hope - Licensed Junior Driver
Otherperson: Mr G D Smith - Licensed Open Driver assisting Mr Hope, Mr RT May - Licensed Open Driver of CINDY BROMAC, Mr SP Renault - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 30dc19b4bd11ff6ba044e725a744e33f
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race_title: R6
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meetdate: 30/12/2017
meet_title: Reefton TC - 30 December 2017
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meet_chair: RMcKenzie
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name: Reefton TC