Manawatu HRC 2 May 2019 – R 1 – Chair, Mr T Utikere
ID: JCA15409
Meet Title:
Wairarapa HRC - 2 May 2019
Meet Chair:
TUtikere
Race Date:
2019/05/02
Race Number:
R1
Decision:
As the charge was admitted, the Committee deemed the charge proved.
Penalty:
Mr Martin is fined $200.
Facts:
Following the running of Race 1 (Jim Hurring Memorial Handicap Trot 2500m), Information A10266 was filed with the Judicial Committee. It alleged a breach of Rules 869(4) and 869(6)(b)(c), stating that Mr Martin had “...shifted his gelding out approaching the 1400 metres and forced CAITLIN’S SURPRISE (B Mangos) to race wider on the track”. Mr Martin confirmed that he understood the relevant rules and that he admitted the breach.
Using the back-straight film, Mr Mulcay identified Mr Martin (DANKE) positioned four back on the markers, racing immediately behind the eventual winner CAPELLI. Mr Martin then elected to come out on to the wheel of Mr Curtin (COMMANDO ONE), with Mr Mangos racing to the outside of Mr Martin’s wheel, whilst improving. The respondent had then shifted to a one out position, and in doing so had forced Mr Mangos wider on the track. Mr Mulcay stated that Mr Mangos was clearly making a forward movement, relative to Mr Martin, and this was the basis upon which the charge was laid.
Mr Martin informed the Committee that he had told Mr Mangos that he was going “to come down”, and he responded “ok”, and Mr Martin then assumed he was giving him some room.
Submissions for Penalty:
Mr Mulcay identified the JCA Penalty Guide starting point of a five drives suspension or a $250 fine. He also stated that whilst Mr Martin had previous breaches, the reset period applied, so his record was deemed to be clear. In mitigation he also identified Mr Martin's admission of the breach and noted that stewards would have no opposition to a lower penalty being imposed.
Mr Martin said he only had two horses in work and would simply take a $250 fine “on the nose”.
Reasons for Penalty:
It has been clearly established that Mr Martin sought to move into a one out position at the expense of Mr Mangos, who was forced to race in a wider position. Although Mr Martin believed that Mr Mangos was permissive in his actions, he also accepts that he breached the ‘Push Out’ Rule at that stage of the race. It is considered appropriate to adopt the Penalty Guide starting point of a $250 fine. There are no aggravating features to warrant an uplift. In mitigation the Committee applies a modest discount for the respondent’s early admission of the breach along with his good record.
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: 8f289f1aa6918ddc5f258296fa035c44
informantnumber: A10266
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Push Out Rule
plea: admitted
penaltyrequired: 1
decisiondate: 02/05/2019
hearing_title: Manawatu HRC 2 May 2019 - R 1 - Chair, Mr T Utikere
charge:
facts:
Following the running of Race 1 (Jim Hurring Memorial Handicap Trot 2500m), Information A10266 was filed with the Judicial Committee. It alleged a breach of Rules 869(4) and 869(6)(b)(c), stating that Mr Martin had “...shifted his gelding out approaching the 1400 metres and forced CAITLIN’S SURPRISE (B Mangos) to race wider on the track”. Mr Martin confirmed that he understood the relevant rules and that he admitted the breach.
Using the back-straight film, Mr Mulcay identified Mr Martin (DANKE) positioned four back on the markers, racing immediately behind the eventual winner CAPELLI. Mr Martin then elected to come out on to the wheel of Mr Curtin (COMMANDO ONE), with Mr Mangos racing to the outside of Mr Martin’s wheel, whilst improving. The respondent had then shifted to a one out position, and in doing so had forced Mr Mangos wider on the track. Mr Mulcay stated that Mr Mangos was clearly making a forward movement, relative to Mr Martin, and this was the basis upon which the charge was laid.
Mr Martin informed the Committee that he had told Mr Mangos that he was going “to come down”, and he responded “ok”, and Mr Martin then assumed he was giving him some room.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the charge was admitted, the Committee deemed the charge proved.
sumissionsforpenalty:
Mr Mulcay identified the JCA Penalty Guide starting point of a five drives suspension or a $250 fine. He also stated that whilst Mr Martin had previous breaches, the reset period applied, so his record was deemed to be clear. In mitigation he also identified Mr Martin's admission of the breach and noted that stewards would have no opposition to a lower penalty being imposed.
Mr Martin said he only had two horses in work and would simply take a $250 fine “on the nose”.
reasonsforpenalty:
It has been clearly established that Mr Martin sought to move into a one out position at the expense of Mr Mangos, who was forced to race in a wider position. Although Mr Martin believed that Mr Mangos was permissive in his actions, he also accepts that he breached the ‘Push Out’ Rule at that stage of the race. It is considered appropriate to adopt the Penalty Guide starting point of a $250 fine. There are no aggravating features to warrant an uplift. In mitigation the Committee applies a modest discount for the respondent’s early admission of the breach along with his good record.
penalty:
Mr Martin is fined $200.
hearing_type: Hearing
Rules: Rules 869(4) and 869(6)(b)(c)
Informant: Mr S Mulcay - Stipendiary Steward
JockeysandTrainer: Mr G Martin - Licensed Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: eedc027911474d0fd820189d04d951f9
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 0a135bceef2356f7cd94ffe0b35e00da
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 02/05/2019
meet_title: Wairarapa HRC - 2 May 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: wairarapa-hrc
meet_racingtype: harness-racing
meet_chair: TUtikere
meet_pm1: none
meet_pm2: none
name: Wairarapa HRC