Archive Decision

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Timaru HRC 15 December 2011 – R 2

ID: JCA13520

Applicant:
NG McIntyre-Stipendiary Steward

Respondent(s):
DG McCormick-Open Horseman

Information Number:
A5329

Hearing Type:
Hearing

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

Plea:
admitted

Meet Title:
Timaru HRC - 15 December 2011

Meet Chair:
SChing

Meet Committee Member 1:
RMcKenzie

Race Date:
2011/12/15

Race Number:
R2

Decision:

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

Penalty:

Accordingly Mr McCormick was fined the sum of $200-00.

Charge:

Breach of Rule 869(6)(b)(c)-Push out rule

Facts:

Following the running of Race 2, the Monarchy Handicap Trot, an Information was filed by Stipendiary Steward Mr NG McIntyre against Open Horseman Mr DG McCormick alleging a breach of Rule 869(6)(b) (c) in that prior to the 1000m he forced SASTRE 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(6)(b)(c) in that prior to the 1000m you have forced SASTRE wider on the track.”
Rule 869(6) (b )(c) reads as follows.
“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 McCormick had indicated on the Information that this breach of the Rules was admitted, and had submitted to the Stewards that he did not wish to be present at the hearing.
Mr McIntyre gave evidence and used video coverage to show that Mr McCormick, GEE IT’S A BOY, was travelling in a 2-wide position trailing KOWHAI FORD approaching the 1100m. Mr McCormick then shifted off the back of KOWHAI FORD into a 3-wide position forcing SASTRE (D Earnshaw), who was outside the sulky wheel of GEE IT’S A BOY and going forward, wider on the track into a 4-wide position.

Mr McCormick had stated to the Stewards in submissions that he was concerned about trailing KOWHAI FORD at that point in the race as that horse had broken on a couple of occasions prior.

Submissions for Penalty:

In relation to penalty Mr McIntyre advised that Mr McCormick had no relevant previous breaches, and had been frank in his admission of this breach of the Rules. He submitted that a fine of $200-00 should be imposed in this case.

Reasons for Penalty:

We were satisfied, after taking into consideration Mr McCormick’s frank admission of the breach, his clear penalty record 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: 40a90daf1648ea29e75f2d740516785d


informantnumber: A5329


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 20/12/2011


hearing_title: Timaru HRC 15 December 2011 - R 2


charge:

Breach of Rule 869(6)(b)(c)-Push out rule


facts:

Following the running of Race 2, the Monarchy Handicap Trot, an Information was filed by Stipendiary Steward Mr NG McIntyre against Open Horseman Mr DG McCormick alleging a breach of Rule 869(6)(b) (c) in that prior to the 1000m he forced SASTRE 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(6)(b)(c) in that prior to the 1000m you have forced SASTRE wider on the track.”
Rule 869(6) (b )(c) reads as follows.
“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 McCormick had indicated on the Information that this breach of the Rules was admitted, and had submitted to the Stewards that he did not wish to be present at the hearing.
Mr McIntyre gave evidence and used video coverage to show that Mr McCormick, GEE IT’S A BOY, was travelling in a 2-wide position trailing KOWHAI FORD approaching the 1100m. Mr McCormick then shifted off the back of KOWHAI FORD into a 3-wide position forcing SASTRE (D Earnshaw), who was outside the sulky wheel of GEE IT’S A BOY and going forward, wider on the track into a 4-wide position.

Mr McCormick had stated to the Stewards in submissions that he was concerned about trailing KOWHAI FORD at that point in the race as that horse had broken on a couple of occasions prior.


reasonsfordecision:


Decision:

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


sumissionsforpenalty:

In relation to penalty Mr McIntyre advised that Mr McCormick had no relevant previous breaches, and had been frank in his admission of this breach of the Rules. He submitted that a fine of $200-00 should be imposed in this case.


reasonsforpenalty:

We were satisfied, after taking into consideration Mr McCormick’s frank admission of the breach, his clear penalty record 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 McCormick was fined the sum of $200-00.


hearing_type: Hearing


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


Informant: NG McIntyre-Stipendiary Steward


JockeysandTrainer: DG McCormick-Open Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 832b9ce01b9f7761827e9b49f60d79a4


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R2


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 961c077e5ea3c389d2333e08ff154671


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 15/12/2011


meet_title: Timaru HRC - 15 December 2011


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: timaru-hrc


meet_racingtype: harness-racing


meet_chair: SChing


meet_pm1: RMcKenzie


meet_pm2: none


name: Timaru HRC