Archive Decision

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HR Waikato 29 December 2014 – R 8

ID: JCA13587

Applicant:
Mr J M Muirhead - Stipendiary Steward

Respondent(s):
Mr S Lawson, Open Horseman

Information Number:
A4222

Hearing Type:
Hearing

New Charge:
Breach of Push Out Rule

Rules:
Rule 869(4),(6)(b)(c)

Plea:
admitted

Meet Title:
Harness Racing Waikato - 29 December 2014

Meet Chair:
AGodsalve

Meet Committee Member 1:
BScott

Race Date:
2014/12/29

Race Number:
R8

Decision:

As the breach was admitted we find the charge proved.

Penalty:

 Accordingly the Committee imposed a fine of $175 on Mr Lawson.

Facts:

Following the running of Race 8, the BROWN & PENNELL TE AWAMUTU GRASS CUP an Information was lodged by Stipendiary Steward, Mr J Muirhead alleging that Mr S Lawson breached the push out rule driving LIVELY NIGHTS forcing MACH CRUISER, driven by Mr J Abernethy, from a 3 wide position to a 4 wide position, between the 1100 metre mark and the 1000 metre mark.

Mr Lawson was present at the hearing and confirmed that he understood the Rule and that he admitted the breach.

Rule 869 (4) states ' 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'

Rule 869 (6) states' (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 Muirhead used the available films of the race to demonstrate that Mr Lawson drove LIVELY NIGHTS and Mr Abernethy drove MACH CRUISER. Approaching the 1000 metre mark Mr Abernethy was outside LIVELY NIGHTS and on a forward move when Mr Lawson directed LIVELY NIGHTS outwards towards MACH CRUISER. In doing so Mr Lawson forced MACH CRUISER to shift from a 3 wide to a 4 wide position with just under a full lap of the race to go.

In admitting the breach Mr Lawson told the Committee his horse had been travelling well and he was keen to get out of his position so he could improve the horses chances. He agreed that he had made his move 20 metres too soon and that he erred in doing so, although he added that his breach was at the lower end of the scale. Mr Lawson added that there was a sponsors tent at the outside of the running rail near the 1000 metre marker and he had mistakenly thought that it was the 1000 metre marker.

Submissions for Penalty:

Mr Muirhead submitted that Mr Lawson had a good record over the previous 6 months with no prior breaches of the relevant Rule. He added that this breach would normally attract a fine of $250, however given Mr Lawsons admission, the Stewards submiited that $200 would be appropriate.

Mr Lawson submitted that his record was good and that he viewed this breach at the lowest end of the scale.

Reasons for Penalty:

The Committe took into account Mr Lawsons admission and that his recent record is good. We confirmed from the JCA Penalty Sheets that recent fines for this breach had been between $150-$250. We accepted that this breach, having taken place just before the 1000 metre mark, was at the low end of the scale and therefore felt a fine reflecting that would be appropriate.

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: 4a3929d51a93177a759901201e5afcdf


informantnumber: A4222


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Breach of Push Out Rule


plea: admitted


penaltyrequired: 1


decisiondate: 29/12/2014


hearing_title: HR Waikato 29 December 2014 - R 8


charge:


facts:

Following the running of Race 8, the BROWN & PENNELL TE AWAMUTU GRASS CUP an Information was lodged by Stipendiary Steward, Mr J Muirhead alleging that Mr S Lawson breached the push out rule driving LIVELY NIGHTS forcing MACH CRUISER, driven by Mr J Abernethy, from a 3 wide position to a 4 wide position, between the 1100 metre mark and the 1000 metre mark.

Mr Lawson was present at the hearing and confirmed that he understood the Rule and that he admitted the breach.

Rule 869 (4) states ' 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'

Rule 869 (6) states' (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 Muirhead used the available films of the race to demonstrate that Mr Lawson drove LIVELY NIGHTS and Mr Abernethy drove MACH CRUISER. Approaching the 1000 metre mark Mr Abernethy was outside LIVELY NIGHTS and on a forward move when Mr Lawson directed LIVELY NIGHTS outwards towards MACH CRUISER. In doing so Mr Lawson forced MACH CRUISER to shift from a 3 wide to a 4 wide position with just under a full lap of the race to go.

In admitting the breach Mr Lawson told the Committee his horse had been travelling well and he was keen to get out of his position so he could improve the horses chances. He agreed that he had made his move 20 metres too soon and that he erred in doing so, although he added that his breach was at the lower end of the scale. Mr Lawson added that there was a sponsors tent at the outside of the running rail near the 1000 metre marker and he had mistakenly thought that it was the 1000 metre marker.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As the breach was admitted we find the charge proved.


sumissionsforpenalty:

Mr Muirhead submitted that Mr Lawson had a good record over the previous 6 months with no prior breaches of the relevant Rule. He added that this breach would normally attract a fine of $250, however given Mr Lawsons admission, the Stewards submiited that $200 would be appropriate.

Mr Lawson submitted that his record was good and that he viewed this breach at the lowest end of the scale.


reasonsforpenalty:

The Committe took into account Mr Lawsons admission and that his recent record is good. We confirmed from the JCA Penalty Sheets that recent fines for this breach had been between $150-$250. We accepted that this breach, having taken place just before the 1000 metre mark, was at the low end of the scale and therefore felt a fine reflecting that would be appropriate.


penalty:

 Accordingly the Committee imposed a fine of $175 on Mr Lawson.


hearing_type: Hearing


Rules: Rule 869(4),(6)(b)(c)


Informant: Mr J M Muirhead - Stipendiary Steward


JockeysandTrainer: Mr S Lawson, Open Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: ab6864a765139368d0f3f19c5bd2c290


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R8


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 78bad1a74be1f8d5138a58f28e7180db


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 29/12/2014


meet_title: Harness Racing Waikato - 29 December 2014


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: harness-racing-waikato


meet_racingtype: harness-racing


meet_chair: AGodsalve


meet_pm1: BScott


meet_pm2: none


name: Harness Racing Waikato