Waimate Trotting Club 16 December 2012 – R 7
ID: JCA13229
Meet Title:
Waimate TC - 16 December 2012
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2012/12/16
Race Number:
R7
Decision:
The charge was found to be proved.
Penalty:
Accordingly Mr Davis was fined the sum of $200-00.
Charge:
Breach of Rule 869(4)(6)(b)(c) - the push out rule.
Facts:
Following the running of Race 7, the Placemakers Oamaru & Kirk Irrigation Pace, an Information was filed by Stipendiary Steward Mr S Wallis against Open Horseman Mr P Davis, alleging a breach of Rule 869(4)(6)(b) (c), in that after 200m he forced MOST HAPPY DANCER wider on the track.
The charge reads as follows:
“I the above named Informant allege that the above named Respondent committed a breach of Rule 869(4)(6)(b)(c) in that you improved your position outwards after 200m forcing MOST HAPPY DANCER(A Thomson) to race wider on the track.”
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.”
Submissions for Decision:
Mr Davis had indicated on the Information that this breach of the Rules was not admitted and he confirmed this at the hearing. Mr Davis also agreed that he understood the charge and the Rule it was brought under.
Mr Wallis gave evidence and used video coverage to show that near the 2400m, 200m after the start, Mr Davis, driving CHLOE FINN, was travelling in a 1-wide position on the inside of MOST HAPPY DANCER, driven Mr A Thomson, who was established in the 2 wide line. Mr Davis then shifted out forcing MOST HAPPY DANCER into the 3 wide line. Mr Wallis submitted that Mr Thomson was in front of Mr Davis’ sulky wheel and improving forward when Mr Davis began easing Mr Thomson out. Mr Thomson gave evidence that he was established in the 2 wide line and was forced out wider into the 3 wide line by Mr Davis 200m after the start.
Mr Davis, in defence, stated that early in the race, he settled 2 off the running line but was forced down by the breaking KOTARE KANO. Mr Davis then contended that he was only trying to re-establish himself in the 2 wide position that he formerly held and believed he was entitled to. He also stated that he was never in the 1 off position and was in no man’s land after being forced down by the breaking KOTARE KANO. He submitted that his actions had made no difference to the placings as Mr Thomson’s horse finished up 1 further position back than he would have been in the running, had Mr Davis opted to stay in the 1 off position.
Reasons for Decision:
In considering our decision in this matter, we carefully took into account all the evidence and the video coverage. The Committee were satisfied that near the 2400m Mr Davis, driving CHLOE FINN, was racing in a 1-wide position on the inside of MOST HAPPY DANCER when he shifted out forcing MOST HAPPY DANCER into the 3 wide position. It was clear by the evidence that Mr Thomson was ahead of CHLOE FINN’s sulky wheel and improving forward when forced wider on the track. Mr Thomson gave clear evidence that he was established in the 2 wide line when he was forced wider on the track by CHLOE FINN.
The Committee determined that this was a clear breach of the push out rule and Mr Davis had erred by shifting wider on the track near the 2400m forcing MOST HAPPY DANCER out into a 3-wide position.
Submissions for Penalty:
Mr Wallis informed the Committee that Mr Davis had not been before the JCA in regard to this Rule in the previous 12 months and that his penalty record could be regarded as good. Mr Davis’ driving statistics were that he had 260 drives last season and this season 47 drives so far. He submitted that Mr Davis could be described as a busy driver. Mr Wallis stated that the JCA penalty guide showed that a starting point for a breach of this Rule was 5 drives or a fine of $250. Mr Wallis submitted that this was not a major breach of the push out rule and the incident did not affect any other runners' chances. He submitted that a fine of $250 be considered.
Mr Davis submitted that there were mitigating circumstances leading up to the breach and these should be taken into consideration.
Reasons for Penalty:
We were satisfied, after taking into consideration Mr Davis’ good penalty record, the lower level of the breach and penalties imposed for similar breaches of this Rule, that a fine of $200-00 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: 5583a115ced3d445b98a9ba05c0302f3
informantnumber: A1856
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 1
decisiondate: 18/12/2012
hearing_title: Waimate Trotting Club 16 December 2012 - R 7
charge:
Breach of Rule 869(4)(6)(b)(c) - the push out rule.
facts:
Following the running of Race 7, the Placemakers Oamaru & Kirk Irrigation Pace, an Information was filed by Stipendiary Steward Mr S Wallis against Open Horseman Mr P Davis, alleging a breach of Rule 869(4)(6)(b) (c), in that after 200m he forced MOST HAPPY DANCER wider on the track.
The charge reads as follows:
“I the above named Informant allege that the above named Respondent committed a breach of Rule 869(4)(6)(b)(c) in that you improved your position outwards after 200m forcing MOST HAPPY DANCER(A Thomson) to race wider on the track.”
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.”
appealdecision:
isappeal:
submissionsfordecision:
Mr Davis had indicated on the Information that this breach of the Rules was not admitted and he confirmed this at the hearing. Mr Davis also agreed that he understood the charge and the Rule it was brought under.
Mr Wallis gave evidence and used video coverage to show that near the 2400m, 200m after the start, Mr Davis, driving CHLOE FINN, was travelling in a 1-wide position on the inside of MOST HAPPY DANCER, driven Mr A Thomson, who was established in the 2 wide line. Mr Davis then shifted out forcing MOST HAPPY DANCER into the 3 wide line. Mr Wallis submitted that Mr Thomson was in front of Mr Davis’ sulky wheel and improving forward when Mr Davis began easing Mr Thomson out. Mr Thomson gave evidence that he was established in the 2 wide line and was forced out wider into the 3 wide line by Mr Davis 200m after the start.
Mr Davis, in defence, stated that early in the race, he settled 2 off the running line but was forced down by the breaking KOTARE KANO. Mr Davis then contended that he was only trying to re-establish himself in the 2 wide position that he formerly held and believed he was entitled to. He also stated that he was never in the 1 off position and was in no man’s land after being forced down by the breaking KOTARE KANO. He submitted that his actions had made no difference to the placings as Mr Thomson’s horse finished up 1 further position back than he would have been in the running, had Mr Davis opted to stay in the 1 off position.
reasonsfordecision:
In considering our decision in this matter, we carefully took into account all the evidence and the video coverage. The Committee were satisfied that near the 2400m Mr Davis, driving CHLOE FINN, was racing in a 1-wide position on the inside of MOST HAPPY DANCER when he shifted out forcing MOST HAPPY DANCER into the 3 wide position. It was clear by the evidence that Mr Thomson was ahead of CHLOE FINN’s sulky wheel and improving forward when forced wider on the track. Mr Thomson gave clear evidence that he was established in the 2 wide line when he was forced wider on the track by CHLOE FINN.
The Committee determined that this was a clear breach of the push out rule and Mr Davis had erred by shifting wider on the track near the 2400m forcing MOST HAPPY DANCER out into a 3-wide position.
Decision:
The charge was found to be proved.
sumissionsforpenalty:
Mr Wallis informed the Committee that Mr Davis had not been before the JCA in regard to this Rule in the previous 12 months and that his penalty record could be regarded as good. Mr Davis’ driving statistics were that he had 260 drives last season and this season 47 drives so far. He submitted that Mr Davis could be described as a busy driver. Mr Wallis stated that the JCA penalty guide showed that a starting point for a breach of this Rule was 5 drives or a fine of $250. Mr Wallis submitted that this was not a major breach of the push out rule and the incident did not affect any other runners' chances. He submitted that a fine of $250 be considered.
Mr Davis submitted that there were mitigating circumstances leading up to the breach and these should be taken into consideration.
reasonsforpenalty:
We were satisfied, after taking into consideration Mr Davis’ good penalty record, the lower level of the breach and penalties imposed for similar breaches of this Rule, that a fine of $200-00 was an appropriate penalty in this case.
penalty:
Accordingly Mr Davis was fined the sum of $200-00.
hearing_type: Hearing
Rules: Rule 869(4)(6)(b)(c)
Informant: Mr S Wallis-Stipendiary Steward
JockeysandTrainer: P Davis-Open Horseman
Otherperson: Mr A Thomson-Open Horseman
PersonPresent:
Respondent:
StipendSteward:
raceid: dea9686ba0b01bf218245f53cc186e7b
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 16f4433bb89a2d11e84d59e114c76ade
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 16/12/2012
meet_title: Waimate TC - 16 December 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: waimate-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: Waimate TC