Auckland TC 14 December 2018 – R 5 – Chair, Mr BJ Scott
ID: JCA14352
Meet Title:
Auckland TC - 14 December 2018
Meet Chair:
BScott
Meet Committee Member 1:
GJones
Race Date:
2018/12/14
Race Number:
R5
Decision:
The breach is admitted and therefore the charge is proved.
Penalty:
This Committee imposes a fine of $350 on Miss Neilson.
Facts:
Following the running of the PETER BRECKON MEMORIAL LADYSHIP STAKES an Information was lodged by Chief Stipendiary Steward, Mr N Ydgren against Licensed Horsewoman, Miss M Neilson alleging that Miss Neilson as the Driver of KAYLA MARIE shifted her horse outwards near the 1600 metres mark forcing BUZINGA (Driver J Dunn ) to race wider on the track.
Rule 869(4) provides : No horseman shall during any race do anything which interferes or is likely to interfere with any other horse or its progress.
Rule 869(6)(b) provides : a horse making a forward movement during any race shall not be forced to race wider on the track.
Rule 869(6)(c) provides : 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.
These Rules are collectively referred to as the " Pushout Rule "
Miss Neilson was present at the Hearing and she advised the Committee that she understood the Rules and she confirmed her admission of the breach.
Mr Ydgren demonstrated the incident by use of the race films and showed where nearing the 1600 metres mark Miss Neilson was half carting and moving out then in and then out again. She moved to a 3 wide position and in doing so pushed Mr Dunn's horse to a 4 wide position. Mr Ydgren then said that the result of her movement meant that Mr Dunn had to race wider for a longer period of time.
Miss Neilson acknowledged to the Committee that she looked around and saw Mr Dunn coming. Miss Neilson also said " the films are pretty clear and I did do it".
Submissions for Penalty:
Mr Ydgren said that the JCA Penalty Guide provided for a starting point penalty of a 5 drive suspension or a $250 fine. He said that in this instance we were dealing with a "Major Race" being Group 2 and carrying a stake of $65,000 and therefore the starting point should be higher. He submitted that a starting point of a $500 fine was appropriate. He said that by way of mitigation Miss Neilson had admitted the breach at the first opportunity and she also had an excellent record. He submitted that a penalty less than his proposed starting point was appropriate.
He further said that the aggravating factor was that Mr Dunn's horse had to work harder than it should have.
Miss Neilson did not have any meaningful submissions as to penalty other than to say if the fine was to be over $500 then she would like a fine and a suspension.
The Committee pointed out to Miss Neilson that in view of the fact that she had only had 2 drives this season before tonight's meeting that any suspension would have to be for a very long time and that was not practical.
Reasons for Penalty:
We have listened to the parties and have also reviewed the films. The films are very clear and they not only show that Miss Neilson looked around and as she acknowledged she saw Mr Dunn coming but also they show clearly the outwards movement of Miss Neilson's horse which resulted in Mr Dunn being pushed wider on the track. We believe that she had an opportunity to pull out of her outwards movement. We consider those to be aggravating factors.
It is difficult to give Miss Neilson credit for her admission of the breach in view of the compelling video evidence however we will take that into account as we will take her record into account.
We are aware of the JCA Guidelines for a starting point penalty and also the fact that an uplift is needed because this is a major race.
We have adopted a starting point penalty less than that submitted by Mr Ydgren and after taking all of the above matters into account we believe that a fine of $350 is appropriate.
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: 798afc36724c5b777a01b86543349460
informantnumber: A10317
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of the Pushout Rule
plea: admitted
penaltyrequired: 1
decisiondate: 16/12/2018
hearing_title: Auckland TC 14 December 2018 - R 5 - Chair, Mr BJ Scott
charge:
facts:
Following the running of the PETER BRECKON MEMORIAL LADYSHIP STAKES an Information was lodged by Chief Stipendiary Steward, Mr N Ydgren against Licensed Horsewoman, Miss M Neilson alleging that Miss Neilson as the Driver of KAYLA MARIE shifted her horse outwards near the 1600 metres mark forcing BUZINGA (Driver J Dunn ) to race wider on the track.
Rule 869(4) provides : No horseman shall during any race do anything which interferes or is likely to interfere with any other horse or its progress.
Rule 869(6)(b) provides : a horse making a forward movement during any race shall not be forced to race wider on the track.
Rule 869(6)(c) provides : 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.
These Rules are collectively referred to as the " Pushout Rule "
Miss Neilson was present at the Hearing and she advised the Committee that she understood the Rules and she confirmed her admission of the breach.
Mr Ydgren demonstrated the incident by use of the race films and showed where nearing the 1600 metres mark Miss Neilson was half carting and moving out then in and then out again. She moved to a 3 wide position and in doing so pushed Mr Dunn's horse to a 4 wide position. Mr Ydgren then said that the result of her movement meant that Mr Dunn had to race wider for a longer period of time.
Miss Neilson acknowledged to the Committee that she looked around and saw Mr Dunn coming. Miss Neilson also said " the films are pretty clear and I did do it".
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The breach is admitted and therefore the charge is proved.
sumissionsforpenalty:
Mr Ydgren said that the JCA Penalty Guide provided for a starting point penalty of a 5 drive suspension or a $250 fine. He said that in this instance we were dealing with a "Major Race" being Group 2 and carrying a stake of $65,000 and therefore the starting point should be higher. He submitted that a starting point of a $500 fine was appropriate. He said that by way of mitigation Miss Neilson had admitted the breach at the first opportunity and she also had an excellent record. He submitted that a penalty less than his proposed starting point was appropriate.
He further said that the aggravating factor was that Mr Dunn's horse had to work harder than it should have.
Miss Neilson did not have any meaningful submissions as to penalty other than to say if the fine was to be over $500 then she would like a fine and a suspension.
The Committee pointed out to Miss Neilson that in view of the fact that she had only had 2 drives this season before tonight's meeting that any suspension would have to be for a very long time and that was not practical.
reasonsforpenalty:
We have listened to the parties and have also reviewed the films. The films are very clear and they not only show that Miss Neilson looked around and as she acknowledged she saw Mr Dunn coming but also they show clearly the outwards movement of Miss Neilson's horse which resulted in Mr Dunn being pushed wider on the track. We believe that she had an opportunity to pull out of her outwards movement. We consider those to be aggravating factors.
It is difficult to give Miss Neilson credit for her admission of the breach in view of the compelling video evidence however we will take that into account as we will take her record into account.
We are aware of the JCA Guidelines for a starting point penalty and also the fact that an uplift is needed because this is a major race.
We have adopted a starting point penalty less than that submitted by Mr Ydgren and after taking all of the above matters into account we believe that a fine of $350 is appropriate.
penalty:
This Committee imposes a fine of $350 on Miss Neilson.
hearing_type: Hearing
Rules: 869(4)(6)(b)(c)
Informant: Mr N Ydgren - Chief Stipendiary Steward
JockeysandTrainer: Miss M Neilson - Licensed Horsewoman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 6c247f06d90b421a9a3e16cf85339520
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: d24f46af28a0f310655f0d5d5f6e945e
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 14/12/2018
meet_title: Auckland TC - 14 December 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: BScott
meet_pm1: GJones
meet_pm2: none
name: Auckland TC