Cheviot HRC 7 March 2021 – R 4 – Chair, Mr S Ching
ID: JCA13740
Meet Title:
Cheviot HRC - 7 March 2021
Meet Chair:
SChing
Race Date:
2021/03/07
Race Number:
R4
Decision:
Mr Davis, having admitted the breach, the charge was found proved.
Penalty:
Mr Davis’ request for a deferment until after racing on 14 March 2021 was granted.
Accordingly, Mr Davis is suspended from the conclusion of racing 14 March 2021 up to and including 19 March 2021. Relevant days encompassed in this suspension were Addington on 17 March and Addington on 19 March 2021.
Facts:
Following the running of Race 4, the Jackie Orr Memorial Handicap Trot, an Information was filed by Stipendiary Steward Ms R Haley against Open Driver Mr P Davis, alleging a breach of Rule 869(4)(6)(b) (c), in that when driving OVERZEALOUS he shifted outwards near the 1050m forcing CHLOE ROSE, driven by Miss S O’Reilly, wider on the track.
Rule 869(4)(6) (b)(c) reads 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.
(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.”
Mr Davis had indicated on the Information that this breach of the Rules was admitted which he confirmed. He also stated that he understood the Rule the charge was brought under.
Ms Haley gave evidence and used video coverage, to show that approaching the 1050m, OVERZEALOUS, driven by Mr Davis was racing on the pylons with CHLOE ROSE, driven by Miss S O’Reilly, racing 2 off the pylons and to the outside of Mr Davis. She pointed out Mr Davis shift out at the 1050m in order to shift wider on the track and in doing so, forced Miss O’Reilly out into the 3-wide line.
Mr Davis stated that he had looked to his inside to check that he was at the 1000m and mistakenly identified a yellow pylon as the marker for the 1000m. This marker was approximately 50m before the large red 1000m marker on the inside of the track.
Submissions for Penalty:
Ms Haley stated that the JCA Penalty Guide provided a starting point for a breach of this Rule as a fine of $250 or a 5-drive suspension. She stated that Mr Davis had a previous breach of this rule on Friday 5 March 2021 where he received a $200 fine. Ms Haley submitted that a suspension was called for in this case as this was Mr Davis’ second breach within a few days. She stated that Mr Davis, on average, drove on two occasions per relevant race day and submitted that a 3-day suspension be considered as penalty.
Mr Davis stated that some mitigation be considered for his mistaking the yellow pylon for the 1000m marker. He also requested a deferment of penalty until after the Reefton meeting on 14 March 2021.
Reasons for Penalty:
The JCA Penalty Guide provides a starting point of a 5-drive suspension or a $250 fine for a breach of this Rule. The Committee agreed that a suspension was an appropriate penalty and assessed the breach as low-level. We also found there were no aggravating factors to consider, therefore no uplift in penalty warranted. Taking into consideration that Mr Davis drove on average, two occasions per meeting and all other factors including Mr Davis’ frank admission, this Committee determined that a two-day suspension was appropriate 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: 5eabc8d982ac969bb3f363cfeb08e9b8
informantnumber: A13649
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of Rule 869(4)(6)(b)(c)- the push out rule.
plea: admitted
penaltyrequired: 1
decisiondate: 07/03/2021
hearing_title: Cheviot HRC 7 March 2021 - R 4 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 4, the Jackie Orr Memorial Handicap Trot, an Information was filed by Stipendiary Steward Ms R Haley against Open Driver Mr P Davis, alleging a breach of Rule 869(4)(6)(b) (c), in that when driving OVERZEALOUS he shifted outwards near the 1050m forcing CHLOE ROSE, driven by Miss S O’Reilly, wider on the track.
Rule 869(4)(6) (b)(c) reads 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.
(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.”
Mr Davis had indicated on the Information that this breach of the Rules was admitted which he confirmed. He also stated that he understood the Rule the charge was brought under.
Ms Haley gave evidence and used video coverage, to show that approaching the 1050m, OVERZEALOUS, driven by Mr Davis was racing on the pylons with CHLOE ROSE, driven by Miss S O’Reilly, racing 2 off the pylons and to the outside of Mr Davis. She pointed out Mr Davis shift out at the 1050m in order to shift wider on the track and in doing so, forced Miss O’Reilly out into the 3-wide line.
Mr Davis stated that he had looked to his inside to check that he was at the 1000m and mistakenly identified a yellow pylon as the marker for the 1000m. This marker was approximately 50m before the large red 1000m marker on the inside of the track.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Davis, having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Ms Haley stated that the JCA Penalty Guide provided a starting point for a breach of this Rule as a fine of $250 or a 5-drive suspension. She stated that Mr Davis had a previous breach of this rule on Friday 5 March 2021 where he received a $200 fine. Ms Haley submitted that a suspension was called for in this case as this was Mr Davis’ second breach within a few days. She stated that Mr Davis, on average, drove on two occasions per relevant race day and submitted that a 3-day suspension be considered as penalty.
Mr Davis stated that some mitigation be considered for his mistaking the yellow pylon for the 1000m marker. He also requested a deferment of penalty until after the Reefton meeting on 14 March 2021.
reasonsforpenalty:
The JCA Penalty Guide provides a starting point of a 5-drive suspension or a $250 fine for a breach of this Rule. The Committee agreed that a suspension was an appropriate penalty and assessed the breach as low-level. We also found there were no aggravating factors to consider, therefore no uplift in penalty warranted. Taking into consideration that Mr Davis drove on average, two occasions per meeting and all other factors including Mr Davis’ frank admission, this Committee determined that a two-day suspension was appropriate in this case.
penalty:
Mr Davis’ request for a deferment until after racing on 14 March 2021 was granted.
Accordingly, Mr Davis is suspended from the conclusion of racing 14 March 2021 up to and including 19 March 2021. Relevant days encompassed in this suspension were Addington on 17 March and Addington on 19 March 2021.
hearing_type: Hearing
Rules: 869(4)(6)(b)(c)
Informant: R Haley- Stipendiary Steward
JockeysandTrainer: P Davis-Licensed Open Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 54cd6adf897d2219280479d0c4316379
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: f69b2832be58a5f608fb6b5a2fbef47a
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 07/03/2021
meet_title: Cheviot HRC - 7 March 2021
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: cheviot-hrc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: none
meet_pm2: none
name: Cheviot HRC