Archive Decision

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Timaru HRC 12 May 2013 – R 7

ID: JCA13499

Applicant:
Mr S. P. Renault - Stipendiary Steward

Respondent(s):
Mr G. C. Telfer - Graduation Hoseman

Information Number:
A1976

Hearing Type:
Hearing

Rules:
Rules 869(6)(b) and (c)

Plea:
admitted

Meet Title:
Timaru HRC - 12 May 2013

Meet Chair:
JPhelan

Meet Committee Member 1:
KHales

Race Date:
2013/05/12

Race Number:
R7

Decision:

The charge was found to be proved. 

Penalty:

Mr Telfer was fined the sum of $200-00.

Charge:

 Alleged breach of "push out" Rule

Facts:

Following the running of Race 7, the Norfolk Motors Mobile Pace, an Information was filed by Stipendiary Steward Mr S. P. Renault against Graduation Horseman Mr G. C. Telfer alleging a breach of Rules 869(6)(b) and (c) in that he was in breach of the “push out” Rule when driving “Share The Joy” (12).

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) you shifted “Gritty Girl” wider prior to the 1000m when not entitled to do so causing this horse to race four wide for a distance”.

Rules 869(6)(b) and (c) read as follows:

(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 Telfer had indicated on the Information that this breach of the Rules was admitted, and he had advised Mr Renault that he did not want to attend the hearing.

Submissions for Decision:

Mr Renault gave evidence and used video coverage to show that at about the 1600 metre mark Mr Telfer had moved three wide to follow another horse forward. At this time “Gritty Girl” (6) was up outside Mr Telfer’s horse, and “Gritty Girl” was forced to race four wide for some distance.

Reasons for Decision:

 As Mr Telfer had admitted this breach it was found to be proved in accordance with Rule 1111(1)(d).

Submissions for Penalty:

In relation to penalty Mr Renault advised that Mr Telfer had not previously breached this Rule and had been frank in admitting the breach. Mr Wheeler has had 39 drives so far this season and had 34 drives last season. Mr Renault also assessed this breach as being at the lower end of the scale, and submitted that a fine of $200-00 should be imposed.

Reasons for Penalty:

After considering the submissions on penalty we took into account that Mr Telfer had admitted the breach and had not breached this Rule previously. Mr Renault assessed the breach as being at the lower end of the scale of seriousness, and we agree with that assessment. There were no aggravating circumstances. Taking all matters into account, and having checked the JCA database, we were satisfied that a fine of $200-00 should be imposed 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: 3e8638c3ae766fdf2f402a663c236be5


informantnumber: A1976


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 07/05/2013


hearing_title: Timaru HRC 12 May 2013 - R 7


charge:

 Alleged breach of "push out" Rule


facts:

Following the running of Race 7, the Norfolk Motors Mobile Pace, an Information was filed by Stipendiary Steward Mr S. P. Renault against Graduation Horseman Mr G. C. Telfer alleging a breach of Rules 869(6)(b) and (c) in that he was in breach of the “push out” Rule when driving “Share The Joy” (12).

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) you shifted “Gritty Girl” wider prior to the 1000m when not entitled to do so causing this horse to race four wide for a distance”.

Rules 869(6)(b) and (c) read as follows:

(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 Telfer had indicated on the Information that this breach of the Rules was admitted, and he had advised Mr Renault that he did not want to attend the hearing.


appealdecision:


isappeal:


submissionsfordecision:

Mr Renault gave evidence and used video coverage to show that at about the 1600 metre mark Mr Telfer had moved three wide to follow another horse forward. At this time “Gritty Girl” (6) was up outside Mr Telfer’s horse, and “Gritty Girl” was forced to race four wide for some distance.


reasonsfordecision:

 As Mr Telfer had admitted this breach 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 Renault advised that Mr Telfer had not previously breached this Rule and had been frank in admitting the breach. Mr Wheeler has had 39 drives so far this season and had 34 drives last season. Mr Renault also assessed this breach as being at the lower end of the scale, and submitted that a fine of $200-00 should be imposed.


reasonsforpenalty:

After considering the submissions on penalty we took into account that Mr Telfer had admitted the breach and had not breached this Rule previously. Mr Renault assessed the breach as being at the lower end of the scale of seriousness, and we agree with that assessment. There were no aggravating circumstances. Taking all matters into account, and having checked the JCA database, we were satisfied that a fine of $200-00 should be imposed in this case.


penalty:

Mr Telfer was fined the sum of $200-00.


hearing_type: Hearing


Rules: Rules 869(6)(b) and (c)


Informant: Mr S. P. Renault - Stipendiary Steward


JockeysandTrainer: Mr G. C. Telfer - Graduation Hoseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 8d9426f58e59628dceb486ee6f52cca2


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: 12f85eb4eb478aeecaeecf402e007e77


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 12/05/2013


meet_title: Timaru HRC - 12 May 2013


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: timaru-hrc


meet_racingtype: harness-racing


meet_chair: JPhelan


meet_pm1: KHales


meet_pm2: none


name: Timaru HRC