HR Waikato 28 December 2016 – R 2 – Chair, Mr A Godsalve
ID: JCA13747
Meet Title:
Harness Racing Waikato - 28 December 2016
Meet Chair:
AGodsalve
Meet Committee Member 1:
ADooley
Race Date:
2016/12/28
Race Number:
R2
Decision:
As Mr Moore has admitted the breach we find the charge proved.
Penalty:
Mr Moore's licence to drive in races was therefore suspended following the conclusion of racing on 28 December 2016, and his suspension will conclude after the conclusion of racing on 13 January 2017, 3 days.
Facts:
Following the running of Race 2, the WAIPA RACING CLUB HANDICAP TROT, Mr Muirhead presented an Information alleging that Graduation Horseman, Mr Moore caused interference when he allowed AWA CATHRINE to shift into the passing lane failing to allow DAENERYS STORMBORN full access.
Mr Moore was present at the hearing. He told that Committe that he understood the Rules and the Regulations, and that he admitted the breach.
Rule 869(4) provides that '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'.
Passing Lane Regulations, Clause 4, provide that 'In the last lap of any race the leading horse on the running rail shall, upon entering the home straight, maintain as straight a course as possible parallel to the running line and allow the trailing horses full access to the expanded inside lane'.
Using the available video films, Mr Muirhead identified the horses involved as the field entered the home straight. AWA CATHRINE was leading the field, with DAENERYS STORMBORN trailing behind that horse near the running line. Mr Murhead pointed out that Mr Moore activated gear on AWA CATHRINE and shifted inwards at the beginning of the passing lane. DAENERYS STORMBORN was held up as it was clear Mr Abernethy wanted to improve its position, and was denied access to the passing lane for approximately 120 metres. When he had clear running Mr Abernethy was about 100 metres from the finish.
Mr Moore agreed that he had shifted inwards when he was not entitled to, however he had no other explanation to make.
Submissions for Penalty:
Mr Muirhead pointed out that the JCA Penalty Guide provided a fine of $400 or a 8 drive suspension as a starting point for a breach of this Rule. He added that it was to Mr Moore's credit that he had admitted the breach, and that he had no previous breaches of the Rule in question. Mr Muirhead told the Committee that Mr Moore had 2 horses in training, and said that the Stewards submitted that a 3 day suspension would be an appropriate penalty.
Mr Moore confirmed that he had 2 horses in work and that he considered himself to be a 'hobby' trainer. He added that he would prefer a suspension as opposed to a fine. Mr Moore said that he intended racing and driving horses at upcoming meetings at New Plymouth on 5 January, Hawera on 8 January and at Cambridge on 13 January 2017.
Reasons for Penalty:
The Committee confirmed that the JCA Penalty Guide provided a $400 fine or an 8 drive suspension as a starting point for this Breach. We took into account Mr Moore's frank admission of the breach, and that fact that he had a good record relative to breaches of this Rule. Balanced against that, it was clear that Mr Abernethy had been denied access to the passing lane for some time, and while we are unable to be certain about how that may have affected his chances in the race, it must have had some negative impact on his horses' eventual finishing position.
The Committee determined therefore that a suspension of the equivalent of 6 drives, which we equate to 3 days is an appropriate penalty.
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: 5f9abed38cc600284b0977523e17dba3
informantnumber: A7478
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Failing to allow access to Passing Lane
plea: admitted
penaltyrequired: 1
decisiondate: 28/12/2016
hearing_title: HR Waikato 28 December 2016 - R 2 - Chair, Mr A Godsalve
charge:
facts:
Following the running of Race 2, the WAIPA RACING CLUB HANDICAP TROT, Mr Muirhead presented an Information alleging that Graduation Horseman, Mr Moore caused interference when he allowed AWA CATHRINE to shift into the passing lane failing to allow DAENERYS STORMBORN full access.
Mr Moore was present at the hearing. He told that Committe that he understood the Rules and the Regulations, and that he admitted the breach.
Rule 869(4) provides that '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'.
Passing Lane Regulations, Clause 4, provide that 'In the last lap of any race the leading horse on the running rail shall, upon entering the home straight, maintain as straight a course as possible parallel to the running line and allow the trailing horses full access to the expanded inside lane'.
Using the available video films, Mr Muirhead identified the horses involved as the field entered the home straight. AWA CATHRINE was leading the field, with DAENERYS STORMBORN trailing behind that horse near the running line. Mr Murhead pointed out that Mr Moore activated gear on AWA CATHRINE and shifted inwards at the beginning of the passing lane. DAENERYS STORMBORN was held up as it was clear Mr Abernethy wanted to improve its position, and was denied access to the passing lane for approximately 120 metres. When he had clear running Mr Abernethy was about 100 metres from the finish.
Mr Moore agreed that he had shifted inwards when he was not entitled to, however he had no other explanation to make.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Moore has admitted the breach we find the charge proved.
sumissionsforpenalty:
Mr Muirhead pointed out that the JCA Penalty Guide provided a fine of $400 or a 8 drive suspension as a starting point for a breach of this Rule. He added that it was to Mr Moore's credit that he had admitted the breach, and that he had no previous breaches of the Rule in question. Mr Muirhead told the Committee that Mr Moore had 2 horses in training, and said that the Stewards submitted that a 3 day suspension would be an appropriate penalty.
Mr Moore confirmed that he had 2 horses in work and that he considered himself to be a 'hobby' trainer. He added that he would prefer a suspension as opposed to a fine. Mr Moore said that he intended racing and driving horses at upcoming meetings at New Plymouth on 5 January, Hawera on 8 January and at Cambridge on 13 January 2017.
reasonsforpenalty:
The Committee confirmed that the JCA Penalty Guide provided a $400 fine or an 8 drive suspension as a starting point for this Breach. We took into account Mr Moore's frank admission of the breach, and that fact that he had a good record relative to breaches of this Rule. Balanced against that, it was clear that Mr Abernethy had been denied access to the passing lane for some time, and while we are unable to be certain about how that may have affected his chances in the race, it must have had some negative impact on his horses' eventual finishing position.
The Committee determined therefore that a suspension of the equivalent of 6 drives, which we equate to 3 days is an appropriate penalty.
penalty:
Mr Moore's licence to drive in races was therefore suspended following the conclusion of racing on 28 December 2016, and his suspension will conclude after the conclusion of racing on 13 January 2017, 3 days.
hearing_type: Hearing
Rules: Rule 869(4) and, Clause 4, Passing Lane Regulations
Informant: Mr J Muirhead - Stipendiary Steward
JockeysandTrainer: Mr D Moore - Graduation Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 3d7e46927cdde2f19e73db9e17e3a70e
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: 23009bf7af2733a99d497abfc02b0575
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 28/12/2016
meet_title: Harness Racing Waikato - 28 December 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: harness-racing-waikato
meet_racingtype: harness-racing
meet_chair: AGodsalve
meet_pm1: ADooley
meet_pm2: none
name: Harness Racing Waikato