NZ Metropolitan TC 22 December 2017 – R 1 – Chair, Mr R McKenzie
ID: JCA14721
Meet Title:
NZ Metro TC - 22 December 2017
Meet Chair:
RMcKenzie
Meet Committee Member 1:
HWeston
Race Date:
2017/12/22
Race Number:
R1
Decision:
Mrs Negus having admitted the charge, the charge was found proved.
Penalty:
Mrs Negus’s Advanced Amateur Driver’s Licence is suspended from after the close of racing today, 22 December 2017, up to and including 3 March 2018 – 10 weeks. In addition, Mrs Negus is fined the sum of $200.00.
Facts:
Following the running of Race 1, Bishopdale/Bush Inn TAB’s & Tavern Harewood (Amateur Drivers) Mobile Pace, an Information was filed by Chief Stipendiary Steward, Mr NM Ydgren, against Licensed Amateur Driver, Mrs CP Negus, alleging that Mrs Negus as the driver of PAT CAMPBELL in the race, “drove in a manner capable of diminishing her chances when positioning her drive three-wide throughout”.
Mrs Negus was present at the hearing of the Information. The charge and the Rule were read to her and she indicated that she understood those and the charge against her. Mrs Negus confirmed that she admitted the breach. She was accompanied at the hearing by Licensed Public Trainer, Mr B R Negus.
Rule 869 provides as follows:
(3) No horseman in any race shall drive:-
(g) in any manner capable of diminishing the chances of his horse winning.
Mr Ydgren said that Mrs Negus was the driver of PAT CAMPBELL in Race 1. The horse was 7th favourite in the betting for the race. In the early stages, the horse was trapped wide and did overrace and give Mrs Negus some difficulty. It continued to race keenly throughout and remained in a 3-wide position with Mrs Negus unable to restrain it to a position at the rear of the field, Mr Ydgren submitted.
Mr Ydgren went on to say that the basis for the charge was that there had been, during a part of the race, a clear opportunity for Mrs Negus to shift her runner inwards to obtain a run closer to the markers. However, she had not taken that opportunity. There was a runner on her inside, approximately a half-length back at all relevant times and with no runner on its inside. Mrs Negus had a “prime opportunity” to use her advantage over that runner to shift it in and for her to take up a position in the one-out line. She had not taken that opportunity, with the result that PAT CAMPBELL raced 3-wide throughout, affecting its chances, Mr Ydgren submitted.
Mr Ydgren then showed video replays of the relevant part of the race. PAT CAMPBELL had drawn the outside of the second row in the 14-horse field in the 2600 metres mobile start race. Shortly after the start, PAT CAMPBELL was racing 4-wide and then eased to 3-wide behind another runner which went forward to the parked position. From that point, at approximately the 1900 metres, Mr Ydgren said, Stewards would have expected Mrs Negus to ease down into the 2-wide line. From about the 1600 metres, Mrs Negus lost the advantage because another runner had taken up the space inside the horse on her inner. Mr Ydgren said that Mrs Negus had the opportunity to ease down for a distance of at least 250 metres. Mr Ydgren’s submissions were clearly borne out by the back-straight film, which he showed to the hearing.
Mr Negus said that both he and Mrs Negus were unaware that it was permissible to “push in” during the running of a race. He also submitted that it would not have been a good look had Mrs Negus eased the runner on her inside down, given that it was a stablemate. He also made the point that amateur drivers are brought up being told not to make such moves.
Submissions for Penalty:
Mrs Negus has a clear record under this particular Rule. She has 30 lifetime drives, 8 this season and 22 last season. She is one of the busiest amateur drivers in the area and has had some success. She is not someone who appears before the Stewards on a regular basis, Mr Ydgren said.
Mr Ydgren referred to the Penalty Guide which, for a breach of the Rule, provides for a 60-drive suspension or a $3,000 fine. However, for an amateur driver this is neither helpful nor appropriate, he said. However, while a period of suspension should be imposed, he had no objection to a combined penalty of a suspension and a fine to shorten any period of suspension, Mr Ydgren said.
Mr Ydgren said that the chances of Mrs Negus’s runner had been affected. The level of offending was at worst mid-range, and it was not the worst case of a breach of the Rule.
Mr Negus related Mrs Negus’s career of 30 drives as being similar to that of a junior driver in terms of experience. He questioned how a junior driver would be treated for the breach. He submitted that a warning would be an appropriate penalty. Mrs Negus would never do it again, he said. He pointed out that amateurs do not get paid.
After a discussion, Mrs Negus said that she would opt for a combined penalty as mentioned by Mr Ydgren.
Reasons for Penalty:
Mrs Negus has been charged with diminishing the chances of her runner, PAT CAMPBELL, by racing 3-wide for most of the race. The concern of the Stewards, which resulted in the charge being brought, was that Mrs Negus had the opportunity, over a distance of some 250 metres down the back straight, to improve her position by easing down the runner on her inside, which she was legitimately entitled to do. It was very apparent from the video replays that, firstly, she did have such opportunity and that, secondly, she made no attempt to do so. Mrs Negus’s failure to recognise the opportunity, and then fail to execute it, clearly diminished the chances of her horse winning or finishing in a higher position. It was serious error of judgement on her part and a clear breach of the Rule.
The Committee noted that PAT CAMPBELL was 8/9 in the order of favouritism and finished in 7th place, 5.9 lengths from the winner.
The Penalty Guide starting point does not assist us in determining an appropriate penalty. In the event, we have taken a starting point of 8 drives or 4 months (16 weeks) based on the accepted formula of 2 drives per month for an amateur driver. Mrs Negus is entitled to a discount for her frank admission of the breach. This we fix at one drive, or two weeks. The Committee was prepared to replace part of the period of suspension with a fine in lieu. That fine will be $200, which we deem shall shorten the period of suspension by 4 weeks. The final result is that Mrs Negus will be suspended for a period of 10 weeks and she will be fined the sum of $200.
JCA Decision Fields (raw)
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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: 744fcdbeaf10f9ecae62605385d177f4
informantnumber: A8984
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Diminishing Chances
plea: admitted
penaltyrequired: 1
decisiondate: 25/12/2017
hearing_title: NZ Metropolitan TC 22 December 2017 - R 1 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 1, Bishopdale/Bush Inn TAB’s & Tavern Harewood (Amateur Drivers) Mobile Pace, an Information was filed by Chief Stipendiary Steward, Mr NM Ydgren, against Licensed Amateur Driver, Mrs CP Negus, alleging that Mrs Negus as the driver of PAT CAMPBELL in the race, “drove in a manner capable of diminishing her chances when positioning her drive three-wide throughout”.
Mrs Negus was present at the hearing of the Information. The charge and the Rule were read to her and she indicated that she understood those and the charge against her. Mrs Negus confirmed that she admitted the breach. She was accompanied at the hearing by Licensed Public Trainer, Mr B R Negus.
Rule 869 provides as follows:
(3) No horseman in any race shall drive:-
(g) in any manner capable of diminishing the chances of his horse winning.
Mr Ydgren said that Mrs Negus was the driver of PAT CAMPBELL in Race 1. The horse was 7th favourite in the betting for the race. In the early stages, the horse was trapped wide and did overrace and give Mrs Negus some difficulty. It continued to race keenly throughout and remained in a 3-wide position with Mrs Negus unable to restrain it to a position at the rear of the field, Mr Ydgren submitted.
Mr Ydgren went on to say that the basis for the charge was that there had been, during a part of the race, a clear opportunity for Mrs Negus to shift her runner inwards to obtain a run closer to the markers. However, she had not taken that opportunity. There was a runner on her inside, approximately a half-length back at all relevant times and with no runner on its inside. Mrs Negus had a “prime opportunity” to use her advantage over that runner to shift it in and for her to take up a position in the one-out line. She had not taken that opportunity, with the result that PAT CAMPBELL raced 3-wide throughout, affecting its chances, Mr Ydgren submitted.
Mr Ydgren then showed video replays of the relevant part of the race. PAT CAMPBELL had drawn the outside of the second row in the 14-horse field in the 2600 metres mobile start race. Shortly after the start, PAT CAMPBELL was racing 4-wide and then eased to 3-wide behind another runner which went forward to the parked position. From that point, at approximately the 1900 metres, Mr Ydgren said, Stewards would have expected Mrs Negus to ease down into the 2-wide line. From about the 1600 metres, Mrs Negus lost the advantage because another runner had taken up the space inside the horse on her inner. Mr Ydgren said that Mrs Negus had the opportunity to ease down for a distance of at least 250 metres. Mr Ydgren’s submissions were clearly borne out by the back-straight film, which he showed to the hearing.
Mr Negus said that both he and Mrs Negus were unaware that it was permissible to “push in” during the running of a race. He also submitted that it would not have been a good look had Mrs Negus eased the runner on her inside down, given that it was a stablemate. He also made the point that amateur drivers are brought up being told not to make such moves.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mrs Negus having admitted the charge, the charge was found proved.
sumissionsforpenalty:
Mrs Negus has a clear record under this particular Rule. She has 30 lifetime drives, 8 this season and 22 last season. She is one of the busiest amateur drivers in the area and has had some success. She is not someone who appears before the Stewards on a regular basis, Mr Ydgren said.
Mr Ydgren referred to the Penalty Guide which, for a breach of the Rule, provides for a 60-drive suspension or a $3,000 fine. However, for an amateur driver this is neither helpful nor appropriate, he said. However, while a period of suspension should be imposed, he had no objection to a combined penalty of a suspension and a fine to shorten any period of suspension, Mr Ydgren said.
Mr Ydgren said that the chances of Mrs Negus’s runner had been affected. The level of offending was at worst mid-range, and it was not the worst case of a breach of the Rule.
Mr Negus related Mrs Negus’s career of 30 drives as being similar to that of a junior driver in terms of experience. He questioned how a junior driver would be treated for the breach. He submitted that a warning would be an appropriate penalty. Mrs Negus would never do it again, he said. He pointed out that amateurs do not get paid.
After a discussion, Mrs Negus said that she would opt for a combined penalty as mentioned by Mr Ydgren.
reasonsforpenalty:
Mrs Negus has been charged with diminishing the chances of her runner, PAT CAMPBELL, by racing 3-wide for most of the race. The concern of the Stewards, which resulted in the charge being brought, was that Mrs Negus had the opportunity, over a distance of some 250 metres down the back straight, to improve her position by easing down the runner on her inside, which she was legitimately entitled to do. It was very apparent from the video replays that, firstly, she did have such opportunity and that, secondly, she made no attempt to do so. Mrs Negus’s failure to recognise the opportunity, and then fail to execute it, clearly diminished the chances of her horse winning or finishing in a higher position. It was serious error of judgement on her part and a clear breach of the Rule.
The Committee noted that PAT CAMPBELL was 8/9 in the order of favouritism and finished in 7th place, 5.9 lengths from the winner.
The Penalty Guide starting point does not assist us in determining an appropriate penalty. In the event, we have taken a starting point of 8 drives or 4 months (16 weeks) based on the accepted formula of 2 drives per month for an amateur driver. Mrs Negus is entitled to a discount for her frank admission of the breach. This we fix at one drive, or two weeks. The Committee was prepared to replace part of the period of suspension with a fine in lieu. That fine will be $200, which we deem shall shorten the period of suspension by 4 weeks. The final result is that Mrs Negus will be suspended for a period of 10 weeks and she will be fined the sum of $200.
penalty:
Mrs Negus’s Advanced Amateur Driver’s Licence is suspended from after the close of racing today, 22 December 2017, up to and including 3 March 2018 – 10 weeks. In addition, Mrs Negus is fined the sum of $200.00.
hearing_type: Hearing
Rules: 869(3)(g)
Informant: Mr NM Ydgren - Chief Stipendiary Steward
JockeysandTrainer: Mrs CP Negus - Licensed Advanced Amateur Driver
Otherperson: Mr BR Negus - Licensed Public Trainer accompanied Mrs Negus
PersonPresent:
Respondent:
StipendSteward:
raceid: 494a221e26b5eb457aa64f2974ef7dea
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
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meetid: 38dd2a0eea971b1c3a9d7a4aa294178c
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meetdate: 22/12/2017
meet_title: NZ Metro TC - 22 December 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: HWeston
meet_pm2: none
name: NZ Metro TC