Amberley TC 6 February 2018 – R 2 – Chair, Mr S Ching
ID: JCA14122
Meet Title:
Amberley TC - 6 February 2018
Meet Chair:
SChing
Meet Committee Member 1:
HWeston
Race Date:
2018/02/06
Race Number:
R 2
Decision:
The charge was found to be proved.
Penalty:
Accordingly, Mr Dunn was fined the sum of $400.
Facts:
Following the running of Race 2, the Gulliver & Tyler Ltd (Rangiora) Pace, an Information was filed by Stipendiary Steward Mr S Renault against Open Horseman Mr J Dunn, alleging a breach of Rule 869(4) and the Home Straight Regulations in that “he failed to maintain as a straight course as possible in the run home.”
Rule 869(4)) reads as follows.
(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 or its progress.
PASSING LANES, FALSE RAILS AND HOME STRAIGHT REGULATIONS
The following regulation is made by the Board pursuant to the Rules of Harness Racing.
1. (a) "Passing Lane"
For the purpose of these regulations "passing lane" shall mean an inward expansion of the racetrack on the inside of the straight immediately preceding the winning post (hereinafter referred to as the "home straight") for the purpose of allowing a horse or horses in the last lap of any race to pass on the inside any horse on the running line.
(b) "False Rail"
For the purpose of these regulations a "false rail" shall mean an outward expansion of the racetrack by the attachment of an additional inside rail around the home bend of the track, which attachment once extended shall not be further capable of movement during that race.
(a) “Expanded Inside Lane”
For the purpose of these regulations the term “expanded inside lane” will be used to describe the additional area created by a “passing lane” or “false rail”.
(b) “Running Line”
For the purpose of these regulations “running line” shall mean a line from the inside track marker prior to the commencement of the expanded inside lane to the winning post or such other point of the finish line as directed by the Stipendiary Steward.
2. Any club wishing to use an expanded inside lane shall first obtain a fresh plan of the racetrack incorporating the proposed alterations, which has been prepared and certified as correct by a registered civil engineer or surveyor, and submit same to the Board for approval in
accordance with Rules 602 and 603 of the NZ Rules of Harness Racing.
3. Except after entering the home straight for the last time in any race, no horse may use the expanded inside lane in an attempt to pass any other horse or horses or improve its position.
Any horse which does so may be disqualified, or relegated under Rule 869A and the horseman shall be in breach of Rule 869(3)(f).
4. In the last lap of any race the leading horse on the running line 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.
5. On any track where the expanded inside lane is designated by the Board as a dual passing lane, the first horse attempting to utilise the expanded inside lane shall take the run available immediately inside the leading horse on the running line thereby allowing trailing horses full access to the remainder of the expanded inside lane.
6. Subject to clause 4 hereof, in the last lap of any race no horse shall move inwards into the expanded inside lane (or any part thereof) when it has an unimpeded run to the finish line.
7. Except where a horseman is making a move pursuant to Rule 869(7) and subject to the preceding provisions of this regulation where applicable, every horse shall upon entering the home straight prior to the finish maintain as straight a course as possible to the finish line.
8. Failure to comply with clauses 4 and/or 5 and/or 6 and/or 7 hereof shall be deemed a breach of Rule 869(4) of the NZ Rules of Harness Racing in respect of which Rules 1003 and 869A apply.
Mr Dunn had indicated on the Information that this breach of the Rules was admitted and that he did not wish to be present at the hearing.
Mr Renault gave evidence and used video coverage to show Mr Dunn, driving HOMEBUSH LAD, was positioned as the leading horse and on the pylons as the field approached the passing lane near the 200m, with MCCAWSOME, driven by Mr R May, in that horse’s trail. Mr Renault stated that Mr Dunn allowed his horse to drift into the passing lane, shortly after the field turned for home, in breach of the Home Straight and Passing Lane Regulations, and in doing so impeded the run of MCCAWSOME who was entitled to that run. A subsequent protest, he said, against HOMEBUSH LAD, by the 3rd placed MCCAWSOME, was unsuccessful but submitted that Mr Dunn’s actions may have cost MCCAWSOME gaining a higher placing.
Mr Renault submitted the breach was mid-range with the consequences being mid to high as MCCAWSOME had possibly been prevented from gaining a higher placing.
As Mr Dunn had admitted the breach, the charge was therefore found proved.
Submissions for Penalty:
Mr Renault informed the Committee that Mr Dunn’s statistics were that he had driven on 569 occasions last season and to date on 357 occasions this season. He stated that Mr Dunn had a clear record in regard to this rule within the previous 12 months but did have a careless breach under Rule 869(3)(b) at Ashburton on 29 April 2017 where he received a fine of $300. He also said that Mr Dunn had driven on 478 occasions since that breach and that his record could be described as good. Mr Renault stated that the JCA Penalty Guide provided for a breach of this rule a starting point of a 6-drive suspension or a $300 fine. Mr Renault stated that the breach was mid-range with the consequences being mid to high due to the effect on MCCAWSOME. He said that an uplift in penalty was called for in response to the aggravating factors and submitted that a fine of between $400 and $500 be considered as penalty in this case.
Reasons for Penalty:
Taking into consideration the JCA Penalty Guide starting point of $300 for a mid-range breach of this Rule, the Committee agreed with the Stewards that the breach was mid-range and the consequences were at a higher level, being mid to high. The aggravating factors to consider were the consequential effects on MCCAWSOME who had its chances affected. This, the Committee determined, warranted an uplift in penalty. This uplift we set at $200.There were however mitigating factors to consider, being Mr Dunn’s ready admission of the breach and his good record. For these factors we determined that a discount of $100 was applicable. We therefore determined that a fine of $400 was an appropriate penalty 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: 9ae4a62ff4a2b31dd32c9bbfddfa3511
informantnumber: A10156
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of Rule 869(4) and Home Straight Regulations
plea: admitted
penaltyrequired: 1
decisiondate: 08/02/2018
hearing_title: Amberley TC 6 February 2018 - R 2 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 2, the Gulliver & Tyler Ltd (Rangiora) Pace, an Information was filed by Stipendiary Steward Mr S Renault against Open Horseman Mr J Dunn, alleging a breach of Rule 869(4) and the Home Straight Regulations in that “he failed to maintain as a straight course as possible in the run home.”
Rule 869(4)) reads as follows.
(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 or its progress.
PASSING LANES, FALSE RAILS AND HOME STRAIGHT REGULATIONS
The following regulation is made by the Board pursuant to the Rules of Harness Racing.
1. (a) "Passing Lane"
For the purpose of these regulations "passing lane" shall mean an inward expansion of the racetrack on the inside of the straight immediately preceding the winning post (hereinafter referred to as the "home straight") for the purpose of allowing a horse or horses in the last lap of any race to pass on the inside any horse on the running line.
(b) "False Rail"
For the purpose of these regulations a "false rail" shall mean an outward expansion of the racetrack by the attachment of an additional inside rail around the home bend of the track, which attachment once extended shall not be further capable of movement during that race.
(a) “Expanded Inside Lane”
For the purpose of these regulations the term “expanded inside lane” will be used to describe the additional area created by a “passing lane” or “false rail”.
(b) “Running Line”
For the purpose of these regulations “running line” shall mean a line from the inside track marker prior to the commencement of the expanded inside lane to the winning post or such other point of the finish line as directed by the Stipendiary Steward.
2. Any club wishing to use an expanded inside lane shall first obtain a fresh plan of the racetrack incorporating the proposed alterations, which has been prepared and certified as correct by a registered civil engineer or surveyor, and submit same to the Board for approval in
accordance with Rules 602 and 603 of the NZ Rules of Harness Racing.
3. Except after entering the home straight for the last time in any race, no horse may use the expanded inside lane in an attempt to pass any other horse or horses or improve its position.
Any horse which does so may be disqualified, or relegated under Rule 869A and the horseman shall be in breach of Rule 869(3)(f).
4. In the last lap of any race the leading horse on the running line 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.
5. On any track where the expanded inside lane is designated by the Board as a dual passing lane, the first horse attempting to utilise the expanded inside lane shall take the run available immediately inside the leading horse on the running line thereby allowing trailing horses full access to the remainder of the expanded inside lane.
6. Subject to clause 4 hereof, in the last lap of any race no horse shall move inwards into the expanded inside lane (or any part thereof) when it has an unimpeded run to the finish line.
7. Except where a horseman is making a move pursuant to Rule 869(7) and subject to the preceding provisions of this regulation where applicable, every horse shall upon entering the home straight prior to the finish maintain as straight a course as possible to the finish line.
8. Failure to comply with clauses 4 and/or 5 and/or 6 and/or 7 hereof shall be deemed a breach of Rule 869(4) of the NZ Rules of Harness Racing in respect of which Rules 1003 and 869A apply.
Mr Dunn had indicated on the Information that this breach of the Rules was admitted and that he did not wish to be present at the hearing.
Mr Renault gave evidence and used video coverage to show Mr Dunn, driving HOMEBUSH LAD, was positioned as the leading horse and on the pylons as the field approached the passing lane near the 200m, with MCCAWSOME, driven by Mr R May, in that horse’s trail. Mr Renault stated that Mr Dunn allowed his horse to drift into the passing lane, shortly after the field turned for home, in breach of the Home Straight and Passing Lane Regulations, and in doing so impeded the run of MCCAWSOME who was entitled to that run. A subsequent protest, he said, against HOMEBUSH LAD, by the 3rd placed MCCAWSOME, was unsuccessful but submitted that Mr Dunn’s actions may have cost MCCAWSOME gaining a higher placing.
Mr Renault submitted the breach was mid-range with the consequences being mid to high as MCCAWSOME had possibly been prevented from gaining a higher placing.
As Mr Dunn had admitted the breach, the charge was therefore found proved.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The charge was found to be proved.
sumissionsforpenalty:
Mr Renault informed the Committee that Mr Dunn’s statistics were that he had driven on 569 occasions last season and to date on 357 occasions this season. He stated that Mr Dunn had a clear record in regard to this rule within the previous 12 months but did have a careless breach under Rule 869(3)(b) at Ashburton on 29 April 2017 where he received a fine of $300. He also said that Mr Dunn had driven on 478 occasions since that breach and that his record could be described as good. Mr Renault stated that the JCA Penalty Guide provided for a breach of this rule a starting point of a 6-drive suspension or a $300 fine. Mr Renault stated that the breach was mid-range with the consequences being mid to high due to the effect on MCCAWSOME. He said that an uplift in penalty was called for in response to the aggravating factors and submitted that a fine of between $400 and $500 be considered as penalty in this case.
reasonsforpenalty:
Taking into consideration the JCA Penalty Guide starting point of $300 for a mid-range breach of this Rule, the Committee agreed with the Stewards that the breach was mid-range and the consequences were at a higher level, being mid to high. The aggravating factors to consider were the consequential effects on MCCAWSOME who had its chances affected. This, the Committee determined, warranted an uplift in penalty. This uplift we set at $200.There were however mitigating factors to consider, being Mr Dunn’s ready admission of the breach and his good record. For these factors we determined that a discount of $100 was applicable. We therefore determined that a fine of $400 was an appropriate penalty in this case.
penalty:
Accordingly, Mr Dunn was fined the sum of $400.
hearing_type: Hearing
Rules: 869(4) and Home Straight Regulations
Informant: Mr S Renault - Stipendiary Steward
JockeysandTrainer: Mr J Dunn - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 11b07bdd75ce305ca2a9ee57bc25d922
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race_title: R 2
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meetdate: 06/02/2018
meet_title: Amberley TC - 6 February 2018
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meet_chair: SChing
meet_pm1: HWeston
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name: Amberley TC