NZ Metro TC 19 October 2012 – R 9
ID: JCA14575
Meet Title:
NZ Metro TC - 19 October 2012
Meet Chair:
KHales
Meet Committee Member 1:
JPhelan
Race Date:
2012/10/19
Race Number:
R10
Decision:
As Mr Close has admitted the charge, it is deemed to be proved.
Penalty:
After taking all matters into account, Mr Close is fined $200.
Charge:
It was alleged that at about the 2200 metres, Mr Close eased "Hot Vacation" wider on the track when not in a position to do so thus causing "Hot Vacation" to race 3 wide (commonly known as a breach of the "Push-out Rule").
Facts:
The Stipendiary Stewards showed the incident to the hearing from the video coverage. Mr Close tried to move out in order to maintain/improve his position, but in so doing, he did not notice, or allow for the fact that "Hot Vacation" was commencing a forward movement on his outside. The nose of "Hot Vacation" had reached Mr Close's sulky wheel and as a consequence, "Hot Vacation" was forced 3 wide.
Mr J Curtin observed that the nose of "Hot Vacation" had only "just" reached Mr Close's sulky wheel.
In response to a question from the Chair, the Stipendiary Stewards advised that the consequential effects on "Hot Vacation" were not significant, as it it improved strongly, but then broke from its gait, free of interference, on the home turn.
Submissions for Penalty:
The Stipendiary Stewards advised the hearing that Mr Close was a "busy" Junior driver, and that he had a clear record insofar as this rule is concerned. Mr Close had 191 drives during the 2011/2012 season and 51 drives so far, in the current season. It was conceded that the breach was not a serious breach, with little effect on other runners in the race. It was submitted that a fine of $250 or a suspension of 5 drives should be imposed.
Mr Close submitted that he did not want to lose the opportunity of drives, and submitted that a fine should be imposed.
Reasons for Penalty:
The JCA's Penalty Guide suggests a starting point for the imposition of penalty in a case such as the matter under consideration, is a fine of $250 or a 5 drive suspension.
We turn to consider the aggravating and mitigating features. There are no aggravating features in this case.
There are mitigating features.
- Mr Close has a clear record;
- He has admitted this charge at an early opportunity;
- He is a "busy" and respected Junior horseman;
- The effect of his breach was minimal (but that is not to say that the Stipendiary Stewards were not justified in bringing the charge).
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: 94f0a2cb376506b539ea0b824ad4b21c
informantnumber: A5565
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 04/10/2012
hearing_title: NZ Metro TC 19 October 2012 - R 9
charge:
It was alleged that at about the 2200 metres, Mr Close eased "Hot Vacation" wider on the track when not in a position to do so thus causing "Hot Vacation" to race 3 wide (commonly known as a breach of the "Push-out Rule").
facts:
The Stipendiary Stewards showed the incident to the hearing from the video coverage. Mr Close tried to move out in order to maintain/improve his position, but in so doing, he did not notice, or allow for the fact that "Hot Vacation" was commencing a forward movement on his outside. The nose of "Hot Vacation" had reached Mr Close's sulky wheel and as a consequence, "Hot Vacation" was forced 3 wide.
Mr J Curtin observed that the nose of "Hot Vacation" had only "just" reached Mr Close's sulky wheel.
In response to a question from the Chair, the Stipendiary Stewards advised that the consequential effects on "Hot Vacation" were not significant, as it it improved strongly, but then broke from its gait, free of interference, on the home turn.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Close has admitted the charge, it is deemed to be proved.
sumissionsforpenalty:
The Stipendiary Stewards advised the hearing that Mr Close was a "busy" Junior driver, and that he had a clear record insofar as this rule is concerned. Mr Close had 191 drives during the 2011/2012 season and 51 drives so far, in the current season. It was conceded that the breach was not a serious breach, with little effect on other runners in the race. It was submitted that a fine of $250 or a suspension of 5 drives should be imposed.
Mr Close submitted that he did not want to lose the opportunity of drives, and submitted that a fine should be imposed.
reasonsforpenalty:
The JCA's Penalty Guide suggests a starting point for the imposition of penalty in a case such as the matter under consideration, is a fine of $250 or a 5 drive suspension.
We turn to consider the aggravating and mitigating features. There are no aggravating features in this case.
There are mitigating features.
- Mr Close has a clear record;
- He has admitted this charge at an early opportunity;
- He is a "busy" and respected Junior horseman;
- The effect of his breach was minimal (but that is not to say that the Stipendiary Stewards were not justified in bringing the charge).
penalty:
After taking all matters into account, Mr Close is fined $200.
hearing_type: Hearing
Rules: Rule 869(6) Subject to sub-rule 4 hereof:-, (b) a horse making a forward movement during a 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.
Informant: N Ydgren - Stipendiary Steward
JockeysandTrainer: R Close - Junior Horseman
Otherperson: J Curtin - Open Horseman (assisting Mr Close)
PersonPresent:
Respondent:
StipendSteward:
raceid: 7a4767fd83f03552bdfa76f1660fac6a
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R10
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 6af7867d5ff08671cc73c007df14d9c5
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 19/10/2012
meet_title: NZ Metro TC - 19 October 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: KHales
meet_pm1: JPhelan
meet_pm2: none
name: NZ Metro TC