NZ Metropolitan TC 4 February 2021 – R 1 – Chair, Mr R McKenzie
ID: JCA12948
Meet Title:
NZ Metro TC - 4 February 2021
Meet Chair:
RMcKenzie
Race Date:
2021/02/04
Race Number:
R1
Decision:
Mrs Negus having admitted the breach, the charge was found proved.
Penalty:
Mrs Negus is fined the sum of $250.
Facts:
Following the running of Race 1, Hydroflow (Amateur Drivers) Mobile Pace, an Information was filed by Stipendiary Steward, Mr SP Renault, against Licensed Advanced Amateur Driver, Mrs CP Negus, alleging that, as the driver of PETE’S DASH in the race, she drove in a manner likely to cause interference in that “on the final bend she failed to satisfactorily control her runner allowing it to shift ground outwards”.
Mrs Negus had signed the Statement by the Respondent on the Information form indicating that she admitted the breach, and she confirmed this at the hearing, at which she was present.
Rule 869 provides as follows:
(4) 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.
Mr Renault showed video replays of the final 600 metres of the race. Mrs Negus, driving PETE’S DASH, had been racing outside the leader, DREAMINSOVER. Into the home straight, Mrs Negus attempted to activate the removeable deafeners with her left hand and had difficulty and, in the process of doing that, she allowed the horse to shift up the track. While still attempting to activate the gear, the horse continued to race wider on the track, out to a 4-wide position before shifting back down, Mr Renault said.
Mr Renault said that the concern that the Stewards had was that, from the parked position at the 500 metres, when activating gear, Mrs Negus had failed to show sufficient control and had let the horse drift up the track. She had put runners behind her in a position that they were unsure where she was going and had, therefore, driven in a manner likely to cause interference. He added that there was no actual interference, but Ms Negus had left drivers around her wondering whether she was going wider, or back to the inside.
From the 4-wide position, Mrs Negus did then correct the horse inwards, Mr Renault said.
Mrs Negus said that she was distracted in pulling the cord, a lighter one, to remove the deafeners and noticed that it had not activated. She did sense that there were no other runners around her at the time, she said.
Submissions for Penalty:
Mr Renault said that Mrs Negus has had 12 drives to date in the current season and, last season had 13 drives. Her record is clear, he said.
The Penalty Guide starting point for a breach of the rule is a 6-drive suspension or a $300 fine. A fine was appropriate in this case, he submitted, in the range of $250-$300. She has a clear record and has admitted the breach and no actual interference occurred, Mr Renault said.
Reasons for Penalty:
The Penalty Guide starting point is a 6-drive suspension or a $300 fine. A suspension is not required to redress this breach. Mitigating factors to be considered are Mrs Negus’s admission of the breach and her clear record. In addition, the breach was low-end in the Committee’s view involving, as it did, no actual interference to any other runner.
Weighing up those factors, the Committee decided that a $250 fine was the appropriate penalty.
JCA Decision Fields (raw)
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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: 6d2aa544ba28568322dc1047fde740b3
informantnumber: A13644
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Driving in Manner Likely to Cause Interference
plea: admitted
penaltyrequired: 1
decisiondate: 08/02/2021
hearing_title: NZ Metropolitan TC 4 February 2021 - R 1 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 1, Hydroflow (Amateur Drivers) Mobile Pace, an Information was filed by Stipendiary Steward, Mr SP Renault, against Licensed Advanced Amateur Driver, Mrs CP Negus, alleging that, as the driver of PETE’S DASH in the race, she drove in a manner likely to cause interference in that “on the final bend she failed to satisfactorily control her runner allowing it to shift ground outwards”.
Mrs Negus had signed the Statement by the Respondent on the Information form indicating that she admitted the breach, and she confirmed this at the hearing, at which she was present.
Rule 869 provides as follows:
(4) 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.
Mr Renault showed video replays of the final 600 metres of the race. Mrs Negus, driving PETE’S DASH, had been racing outside the leader, DREAMINSOVER. Into the home straight, Mrs Negus attempted to activate the removeable deafeners with her left hand and had difficulty and, in the process of doing that, she allowed the horse to shift up the track. While still attempting to activate the gear, the horse continued to race wider on the track, out to a 4-wide position before shifting back down, Mr Renault said.
Mr Renault said that the concern that the Stewards had was that, from the parked position at the 500 metres, when activating gear, Mrs Negus had failed to show sufficient control and had let the horse drift up the track. She had put runners behind her in a position that they were unsure where she was going and had, therefore, driven in a manner likely to cause interference. He added that there was no actual interference, but Ms Negus had left drivers around her wondering whether she was going wider, or back to the inside.
From the 4-wide position, Mrs Negus did then correct the horse inwards, Mr Renault said.
Mrs Negus said that she was distracted in pulling the cord, a lighter one, to remove the deafeners and noticed that it had not activated. She did sense that there were no other runners around her at the time, she said.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mrs Negus having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Renault said that Mrs Negus has had 12 drives to date in the current season and, last season had 13 drives. Her record is clear, he said.
The Penalty Guide starting point for a breach of the rule is a 6-drive suspension or a $300 fine. A fine was appropriate in this case, he submitted, in the range of $250-$300. She has a clear record and has admitted the breach and no actual interference occurred, Mr Renault said.
reasonsforpenalty:
The Penalty Guide starting point is a 6-drive suspension or a $300 fine. A suspension is not required to redress this breach. Mitigating factors to be considered are Mrs Negus’s admission of the breach and her clear record. In addition, the breach was low-end in the Committee’s view involving, as it did, no actual interference to any other runner.
Weighing up those factors, the Committee decided that a $250 fine was the appropriate penalty.
penalty:
Mrs Negus is fined the sum of $250.
hearing_type: Hearing
Rules: 869(4)
Informant: Mr SP Renault - Stipendiary Steward
JockeysandTrainer: Mrs CP Negus - Licensed Advanced Amateur Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 9b5256095efd2c65b2c304f2f310c2bf
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 2e0f3c09a61d50ee20ba00693f9e743a
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 04/02/2021
meet_title: NZ Metro TC - 4 February 2021
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: none
meet_pm2: none
name: NZ Metro TC