Manawatu HRC 27 November 2011 – R 5
ID: JCA13909
Meet Title:
Manawatu HRC - 27 November 2011
Meet Chair:
TCastles
Meet Committee Member 1:
PWilliams
Race Date:
2011/11/27
Race Number:
R5
Decision:
The charge was found proved.
Penalty:
We believe on this ocassion a fine is an appropriate penalty and Mr Hickey is fined the sum of $200.
Charge:
Alleged breach of rule 869 (4)(6)(b)&(c)
Facts:
Horseman, M Hickey did not admit a breach of rule 869(4)(6)(b)&(c) in that he improved "Janemma" from the running line out to 2 wide forcing "Ell Raisor" (N Chilcott) to race wider on the track with 1500 metres to run.
The rule was read and Mr Hickey confirmed that he did not admit the breach and that he understood the rule referred to as the push out rule.
Submissions for Decision:
Mr Muirhead, using the available films, informed the committee that Mr Hickey was 4 deep on the running line. Ms Chilcott, driving "Ell Raisor", was 3 back one out. Mr Hickey moved out and pushed Ms Chilcott 3 wide. His actions forced "Ell Raisor" over extra ground, and the horse continued on that line for the remainder of the race.
Ms Chilcott was called as a witness. She confirmed that she was forced over extra ground and was left 3 wide for the rest of the race. She called out on numerous occasions to Mr Hickey. Mr Hickey had no questions on either Mr Muirhead's or Ms Chilcott's submissions.
Mr Hickey, in his submissions, informed the committee that no contact was made. She wasn’t “up to his cart” and "Ell Raisor" wasn’t good enough to quicken.
Mr Muirhead, in summing up, told the committee that Ms Chilcott was forced over extra ground by the outward movement of Mr Hickey. His actions in easing back, then moving outward, positioned his drive alongside Ms Chilcott’s wheel, and took her line.
Mr Hickey reiterated again that he stayed on the same line and "Ell Raisor" just wasn’t going good enough and that she didn’t shift out to any great degree.
Reasons for Decision:
In coming to our decision, the available films were revisited. The head on especially clearly showed Mr Hickey moving his drive outwards forcing Ms Chilcott off the one out line to a three out position which she maintained for the remainder of the race.
Submissions for Penalty:
Mr Taumanu submitted that this was Mr Hickey's first breach of this rule. He said he was an experienced reinsman with years of involvement in Harness Racing. He believed that the breach would be best handled by way of a fine, and submitted that it was the stewards' opinion that a fine in the vicinity of $250 would be appropriate.
Mr Hickey had no comment other than to say he preferred a fine to a suspension.
Reasons for Penalty:
In coming to our decision to impose a fine for this breach, we have taken into account Mr Hickey's excellent record under this rule. We also considered JCA's penalty Guidelines and the penalties imposed for recent similar breaches of the push out rule.
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: 7f8a0a4dd904fbb7939284fc379dd0aa
informantnumber: 69051
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 1
decisiondate: 23/11/2011
hearing_title: Manawatu HRC 27 November 2011 - R 5
charge:
Alleged breach of rule 869 (4)(6)(b)&(c)
facts:
Horseman, M Hickey did not admit a breach of rule 869(4)(6)(b)&(c) in that he improved "Janemma" from the running line out to 2 wide forcing "Ell Raisor" (N Chilcott) to race wider on the track with 1500 metres to run.
The rule was read and Mr Hickey confirmed that he did not admit the breach and that he understood the rule referred to as the push out rule.
appealdecision:
isappeal:
submissionsfordecision:
Mr Muirhead, using the available films, informed the committee that Mr Hickey was 4 deep on the running line. Ms Chilcott, driving "Ell Raisor", was 3 back one out. Mr Hickey moved out and pushed Ms Chilcott 3 wide. His actions forced "Ell Raisor" over extra ground, and the horse continued on that line for the remainder of the race.
Ms Chilcott was called as a witness. She confirmed that she was forced over extra ground and was left 3 wide for the rest of the race. She called out on numerous occasions to Mr Hickey. Mr Hickey had no questions on either Mr Muirhead's or Ms Chilcott's submissions.
Mr Hickey, in his submissions, informed the committee that no contact was made. She wasn’t “up to his cart” and "Ell Raisor" wasn’t good enough to quicken.
Mr Muirhead, in summing up, told the committee that Ms Chilcott was forced over extra ground by the outward movement of Mr Hickey. His actions in easing back, then moving outward, positioned his drive alongside Ms Chilcott’s wheel, and took her line.
Mr Hickey reiterated again that he stayed on the same line and "Ell Raisor" just wasn’t going good enough and that she didn’t shift out to any great degree.
reasonsfordecision:
In coming to our decision, the available films were revisited. The head on especially clearly showed Mr Hickey moving his drive outwards forcing Ms Chilcott off the one out line to a three out position which she maintained for the remainder of the race.
Decision:
The charge was found proved.
sumissionsforpenalty:
Mr Taumanu submitted that this was Mr Hickey's first breach of this rule. He said he was an experienced reinsman with years of involvement in Harness Racing. He believed that the breach would be best handled by way of a fine, and submitted that it was the stewards' opinion that a fine in the vicinity of $250 would be appropriate.
Mr Hickey had no comment other than to say he preferred a fine to a suspension.
reasonsforpenalty:
In coming to our decision to impose a fine for this breach, we have taken into account Mr Hickey's excellent record under this rule. We also considered JCA's penalty Guidelines and the penalties imposed for recent similar breaches of the push out rule.
penalty:
We believe on this ocassion a fine is an appropriate penalty and Mr Hickey is fined the sum of $200.
hearing_type: Hearing
Rules: 869(4)(6)(b)&(c)
Informant: Mr T Taumanu - Stipendiary Steward
JockeysandTrainer: Mr M Hickey - Open Horseman
Otherperson: Mr J Muirhead - Stipendiary Steward, Ms N Chilcott - Open Horsewoman
PersonPresent:
Respondent:
StipendSteward:
raceid: 06e3e2a1023d668b273f445b4ccbde89
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 0c8dafdaa545213b733e31ad3baa2a10
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 27/11/2011
meet_title: Manawatu HRC - 27 November 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: manawatu-hrc
meet_racingtype: harness-racing
meet_chair: TCastles
meet_pm1: PWilliams
meet_pm2: none
name: Manawatu HRC