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Forbury Park TC 13 April 2017 – R 6 – Chair Prof G Hall

ID: JCA14005

Applicant:
Mr L Tidmarsh - Stipendiary Steward

Respondent(s):
Mr M Anderson - Junior Horseman

Information Number:
A9353

Hearing Type:
Hearing

New Charge:
Breach of Push Out Rule

Rules:
869(4)(6)(b) & (c)

Plea:
admitted

Meet Title:
Forbury Park TC - 13 April 2017

Meet Chair:
GHall

Meet Committee Member 1:
PKnowles

Race Date:
2017/04/13

Race Number:
R 6

Decision:

Mr Anderson admitted the breach and thus the breach is found proved.

Penalty:

Mr Anderson is fined the sum of $200.

Facts:

Mr Tidmarsh, Stipendiary Steward, alleged that Mr M Anderson (MANUKA VALLEY) forced GLENBURN (Mr M Hurrell) wider on the track near the 1300 metres of race 6 the PINELEA FARM JUNIOR DRIVERS MOBILE PACE.

Rule 869(4) and (6)(b) and (c) reads:
(4) No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse and its progress.
(6)(b) a horse making a forward movement during any race shall not be forced to race wider on the track.
(6)(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 Anderson stated that he wished to represent himself. We permitted this, as he is an experienced junior driver.

Mr Tidmarsh demonstrated on the video that Mr Anderson was racing towards the rear of the field. Mr Hurrell, who had been racing behind the respondent, improved 3 wide and Mr Anderson also shifted 3 wide, which forced Mr Hurrell 4 wide for a short time. He said that Mr Anderson had looked before shifting but had still moved wider on the track.

Mr Anderson explained that he had driven GLENBURN in the past (both in work and on raceday) and he could see the horse was pacing roughly. He thought that he could shift wider before Mr Hurrell had progressed to his outside. He said he simply had not expected Mr Hurrell to get there that quickly. He demonstrated on the videos that Mr Hurrell was only 4 wide briefly and had been able to slot back in behind and follow MANUKA VALLEY, which was a favoured horse.

Submissions for Penalty:

Mr Tidmarsh stated that the respondent had a previous breach of this rule on 18 January this year. He had had 105 drives this season and 136 the season before. Mr Tidmarsh submitted that an uplift was appropriate for record and sought a fine of between $250 and $300.

Mr Anderson stated he preferred a fine to a suspension. He said the breach was right at the low end and emphasised he had admitted the charge.

Reasons for Penalty:

The starting point in the JCA Penalty Guide is five drives or a $250 fine. We make an uplift of $50 for the recent previous breach of this rule. Mr Anderson is given credit for his admission of the breach and we take into account the very low nature of the breach.

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: 8aaf2d7f1f025dba8d776fadba4a1599

informantnumber: A9353

horsename:

hearing_racingtype:

startdate: no date provided

newcharge: Breach of Push Out Rule

plea: admitted

penaltyrequired: 1

decisiondate: 14/04/2017

hearing_title: Forbury Park TC 13 April 2017 - R 6 - Chair Prof G Hall

charge:

facts:

Mr Tidmarsh, Stipendiary Steward, alleged that Mr M Anderson (MANUKA VALLEY) forced GLENBURN (Mr M Hurrell) wider on the track near the 1300 metres of race 6 the PINELEA FARM JUNIOR DRIVERS MOBILE PACE.

Rule 869(4) and (6)(b) and (c) reads:
(4) No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse and its progress.
(6)(b) a horse making a forward movement during any race shall not be forced to race wider on the track.
(6)(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 Anderson stated that he wished to represent himself. We permitted this, as he is an experienced junior driver.

Mr Tidmarsh demonstrated on the video that Mr Anderson was racing towards the rear of the field. Mr Hurrell, who had been racing behind the respondent, improved 3 wide and Mr Anderson also shifted 3 wide, which forced Mr Hurrell 4 wide for a short time. He said that Mr Anderson had looked before shifting but had still moved wider on the track.

Mr Anderson explained that he had driven GLENBURN in the past (both in work and on raceday) and he could see the horse was pacing roughly. He thought that he could shift wider before Mr Hurrell had progressed to his outside. He said he simply had not expected Mr Hurrell to get there that quickly. He demonstrated on the videos that Mr Hurrell was only 4 wide briefly and had been able to slot back in behind and follow MANUKA VALLEY, which was a favoured horse.

appealdecision:

isappeal:

submissionsfordecision:

reasonsfordecision:

Decision:

Mr Anderson admitted the breach and thus the breach is found proved.

sumissionsforpenalty:

Mr Tidmarsh stated that the respondent had a previous breach of this rule on 18 January this year. He had had 105 drives this season and 136 the season before. Mr Tidmarsh submitted that an uplift was appropriate for record and sought a fine of between $250 and $300.

Mr Anderson stated he preferred a fine to a suspension. He said the breach was right at the low end and emphasised he had admitted the charge.

reasonsforpenalty:

The starting point in the JCA Penalty Guide is five drives or a $250 fine. We make an uplift of $50 for the recent previous breach of this rule. Mr Anderson is given credit for his admission of the breach and we take into account the very low nature of the breach.

penalty:

Mr Anderson is fined the sum of $200.

hearing_type: Hearing

Rules: 869(4)(6)(b) & (c)

Informant: Mr L Tidmarsh - Stipendiary Steward

JockeysandTrainer: Mr M Anderson - Junior Horseman

Otherperson:

PersonPresent:

Respondent:

StipendSteward:

raceid: d8efd51ce7888b5d0b93888ba9e790e6

race_expapproval:

racecancelled: 0

race_noreport: 0

race_emailed1: 0

race_emailed2: 0

race_title: R 6

submittochair:

race_expappcomment:

race_km:

race_otherexp:

race_chair:

race_pm1:

race_pm2:

meetid: b0e8b521592178769de26f1457434bff

meet_expapproval:

meet_noreport: 0

waitingforpublication: 0

meet_emailed1: 0

meet_emailed2: 0

meetdate: 13/04/2017

meet_title: Forbury Park TC - 13 April 2017

meet_expappcomment:

meet_km:

meet_otherexp:

tracklocation: forbury-park-tc

meet_racingtype: harness-racing

meet_chair: GHall

meet_pm1: PKnowles

meet_pm2: none

name: Forbury Park TC