Archive Decision

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NZ Metro TC 11 November 2014 – R 6

ID: JCA14080

Applicant:
Mr N G McIntyre - Co-Chief Stipendiary Steward

Respondent(s):
Mr A L Clark - Licensed Open Horseman

Information Number:
A6241

Hearing Type:
Hearing

New Charge:
Breach of pushout rule

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

Plea:
admitted

Meet Title:
NZ Metro TC - 11 November 2014

Meet Chair:
RMcKenzie

Meet Committee Member 1:
SChing

Race Date:
2014/11/11

Race Number:
R6

Decision:

Mr Clark having admitted the breach, the charge was found proved.

Penalty:

Mr Clark was fined the sum of $300.

Facts:

Following the running of Race 6, Granite Benchtop Company NZ Trotting Free-For-All (Group 1), an information was filed by Co-Chief Stipendiary Steward, Mr N G McIntyre, against Licensed Open Horseman, Mr A L Clark, alleging that Mr Clark, as the driver of THE FIERY GINGA in the race, “at about the 1550 metres improved his position outwards which caused SHEEMON (D J Dunn) to race wider on the track”.

Mr Clark had signed the Statement by the Respondent on the information form indicating that he admitted the breach. Mr McIntyre confirmed that Mr Clark did not wish to be present at the hearing of the information.

Rule 869 provides as follows:

(6) Subject to sub-rule (4) hereof:-

(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 McIntyre showed video replays of the race from between the 1700 metres and the 1400 metres. He pointed out SPRINGBANK SAM leading the field at that point, some 250 metres after the start of the 1950 metres mobile start event. THE FIERY GINGA was trailing the leader with STENT racing on its outer, with SHEEMON on the back of that runner and racing on Mr Clark’s wheel. At that point STENT moved up to the leader and Mr Clark eased his horse out onto the back of that runner and, in doing so, forced SHEEMON, which had been progressing in the one-out line, to race 3-wide for some distance.

Mr McIntyre said that Mr Dunn had advised the Stewards that his chances had not been affected as he was able to get back in to the 2-wide line on the back of THE FIERY GINGA. He had been forced to race 3-wide for approximately 100 metres, Mr McIntyre said.

Submissions for Penalty:

Mr McIntyre informed the Committee that Mr Clark had a clear record under the Rule. He asked the Committee to take into account the status of the race (Group 1) and the stake payable ($80,000). He submitted that, taking that into account, a fine of $300 was appropriate.

Reasons for Penalty:

In determining penalty, the Committee had regard to the Penalty Guide which provides a starting point for a breach of the Rule of 5 drives or a fine of $250. Taking that starting point of a $250 fine (a fine being the appropriate penalty), the Committee was able to give Mr Clark a discount of $50 to $200 for his good record and admission of the breach, although his admission was somewhat inevitable. However, it was an aggravating factor that the race was a Group 1 event for a stake of $80,000. In the Committee’s view, that factor warranted an uplift of $100.

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: 960a80ae04792752db2b48b5c68e6b0d


informantnumber: A6241


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Breach of pushout rule


plea: admitted


penaltyrequired: 1


decisiondate: 12/11/2014


hearing_title: NZ Metro TC 11 November 2014 - R 6


charge:


facts:

Following the running of Race 6, Granite Benchtop Company NZ Trotting Free-For-All (Group 1), an information was filed by Co-Chief Stipendiary Steward, Mr N G McIntyre, against Licensed Open Horseman, Mr A L Clark, alleging that Mr Clark, as the driver of THE FIERY GINGA in the race, “at about the 1550 metres improved his position outwards which caused SHEEMON (D J Dunn) to race wider on the track”.

Mr Clark had signed the Statement by the Respondent on the information form indicating that he admitted the breach. Mr McIntyre confirmed that Mr Clark did not wish to be present at the hearing of the information.

Rule 869 provides as follows:

(6) Subject to sub-rule (4) hereof:-

(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 McIntyre showed video replays of the race from between the 1700 metres and the 1400 metres. He pointed out SPRINGBANK SAM leading the field at that point, some 250 metres after the start of the 1950 metres mobile start event. THE FIERY GINGA was trailing the leader with STENT racing on its outer, with SHEEMON on the back of that runner and racing on Mr Clark’s wheel. At that point STENT moved up to the leader and Mr Clark eased his horse out onto the back of that runner and, in doing so, forced SHEEMON, which had been progressing in the one-out line, to race 3-wide for some distance.

Mr McIntyre said that Mr Dunn had advised the Stewards that his chances had not been affected as he was able to get back in to the 2-wide line on the back of THE FIERY GINGA. He had been forced to race 3-wide for approximately 100 metres, Mr McIntyre said.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr Clark having admitted the breach, the charge was found proved.


sumissionsforpenalty:

Mr McIntyre informed the Committee that Mr Clark had a clear record under the Rule. He asked the Committee to take into account the status of the race (Group 1) and the stake payable ($80,000). He submitted that, taking that into account, a fine of $300 was appropriate.


reasonsforpenalty:

In determining penalty, the Committee had regard to the Penalty Guide which provides a starting point for a breach of the Rule of 5 drives or a fine of $250. Taking that starting point of a $250 fine (a fine being the appropriate penalty), the Committee was able to give Mr Clark a discount of $50 to $200 for his good record and admission of the breach, although his admission was somewhat inevitable. However, it was an aggravating factor that the race was a Group 1 event for a stake of $80,000. In the Committee’s view, that factor warranted an uplift of $100.


penalty:

Mr Clark was fined the sum of $300.


hearing_type: Hearing


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


Informant: Mr N G McIntyre - Co-Chief Stipendiary Steward


JockeysandTrainer: Mr A L Clark - Licensed Open Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 6073b50572cfa75eb7565c2bae917d6b


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R6


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 93422870ce611d123d1ce226ffc05d8a


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 11/11/2014


meet_title: NZ Metro TC - 11 November 2014


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: nz-metro-tc


meet_racingtype: harness-racing


meet_chair: RMcKenzie


meet_pm1: SChing


meet_pm2: none


name: NZ Metro TC