Winton HRC 9 April 2017 – R 11 – Chair, Mr P Knowles
ID: JCA15820
Meet Title:
Winton HRC - 9 April 2017
Meet Chair:
PKnowles
Meet Committee Member 1:
GHall
Race Date:
2017/04/09
Race Number:
Winton HRC 9 April 2017 - R 5 - Chair, Mr P Knowles
Decision:
We find the charge proved.
Penalty:
Mr Lee is fined $200.
Facts:
Following the running of the New World Winton Mobile Pace Stewards lodged an Information alleging Mr Lee permitted his horse “MAGNATE MARA” to move outwards near the 1400m which resulted in “RAKAROVER” (P Hunter) being forced to race wider on the track.
Rules 869 (4) (6) (b) and (c) state:
869 (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.
869 (6): Subject to sub-rule (4) hereof:-
(b) a horse making a forward movement during any 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.
Submissions for Decision:
Mr Lee at appeared at the hearing, understood the nature of the charge and confirmed he did not admit the charge.
Mr Boyd, with the assistance of the videos, identified the relevant positions of Mr Lee, Mr Hunter and Mr Barclay. Mr Lee was four-back on the pole line as the field entered the home straight with over a lap to run. He said Mr Lee shifted outwards just after the finish line and in doing so forced Mr Hunter (Rakarover) wider on the track. This outwards shift also forced Mr Barclay (Dali Bread) to race wider.
Mr Wallis stated that Mr Hunter was in the one-out position and behind the sulky wheel of Magnate Mara at the top of the straight. He stated Mr Lee had every opportunity (over 200m) with which to move out, but left his outwards movement too late forcing both Rakarover and Dali Bread to race three and four-wide respectively entering the bend. He said both Mr Hunter and Mr Barclay were improving forward when Mr Lee opted to shift outwards.
Mr Wallis called Mr Hunter to give evidence. Mr Hunter stated about 150m prior to the incident he gave Mr Lee an option to come out as he was outside his wheel and not moving forward. He had waited for Mr Lee and nothing happened. Just after the finish line Mr Lee shifted outwards but by that time Mr Barclay was improving forward on his outside and he was forced to race three-wide.
Mr Lee stated he had every intention of coming out ahead of Mr Hunter. However, his horse was racing greenly and when he went to shift outwards the horse was slow to respond. He believed he was always in a position to shift outwards and Mr Hunter’s horse moved forward after he shifted out. He thought Mr Hunter would have made a better effort to shift forwards and felt it was circumstances more than anything.
In summary Mr Wallis stated Mr Lee had had every opportunity over a considerable distance to shift outwards but had left his outwards movement too late. In doing so, both Mr Hunter and Barclay were forced wider on the track. Mr Lee said Mr Hunter gave him an opportunity to come out and he did so. He felt there were other circumstances involved.
Reasons for Decision:
After viewing the videos and hearing the evidence it is clear that Mr Lee shifted outwards when both Mr Hunter and Mr Barclay were making forward movements. This outwards shift forced both outside runners to race wider on the track when entering the bend. We accept Mr Lee’s evidence that his horse was racing greenly at the time and was slow to react when asked to improve outwards. However, Mr Lee had every opportunity over considerable ground to improve outwards and not interfere with the running of both Rakarover and Dali Bread.
Submissions for Penalty:
Mr Wallis submitted that Mr Lee has an excellent record with no previous breaches of this rule in the past 12 months. There were mitigating factors in Mr Lee’s favour in regards to the horse’s racing manners. He drove in the Otago/Southland area and had 61 drives last season and 36 for this current season. The JCA Penalty Guidelines recommend a suspension of 5 drives or a $250 fine. Given Mr Lee’s excellent record he sought a fine of $200.
Mr Lee submitted a fine at the lower end would be appreciated.
Reasons for Penalty:
In setting a penalty we adopt the JCA Penalty Guideline starting point of $250. While Mr Lee chose to defend the breach, this is not an aggravating factor and there is no uplift from the starting point. Credit is given for Mr Lee’s excellent record and the mitigating factors.
JCA Decision Fields (raw)
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hearingid: d700b2e3467c2f89f24a143a8e57c49b
informantnumber: A9011
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Interference
plea: denied
penaltyrequired: 1
decisiondate: 12/04/2017
hearing_title: Winton HRC 9 April 2017 - R 11 - Chair, Mr P Knowles
charge:
facts:
Following the running of the New World Winton Mobile Pace Stewards lodged an Information alleging Mr Lee permitted his horse “MAGNATE MARA” to move outwards near the 1400m which resulted in “RAKAROVER” (P Hunter) being forced to race wider on the track.
Rules 869 (4) (6) (b) and (c) state:
869 (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.
869 (6): Subject to sub-rule (4) hereof:-
(b) a horse making a forward movement during any 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.
appealdecision:
isappeal:
submissionsfordecision:
Mr Lee at appeared at the hearing, understood the nature of the charge and confirmed he did not admit the charge.
Mr Boyd, with the assistance of the videos, identified the relevant positions of Mr Lee, Mr Hunter and Mr Barclay. Mr Lee was four-back on the pole line as the field entered the home straight with over a lap to run. He said Mr Lee shifted outwards just after the finish line and in doing so forced Mr Hunter (Rakarover) wider on the track. This outwards shift also forced Mr Barclay (Dali Bread) to race wider.
Mr Wallis stated that Mr Hunter was in the one-out position and behind the sulky wheel of Magnate Mara at the top of the straight. He stated Mr Lee had every opportunity (over 200m) with which to move out, but left his outwards movement too late forcing both Rakarover and Dali Bread to race three and four-wide respectively entering the bend. He said both Mr Hunter and Mr Barclay were improving forward when Mr Lee opted to shift outwards.
Mr Wallis called Mr Hunter to give evidence. Mr Hunter stated about 150m prior to the incident he gave Mr Lee an option to come out as he was outside his wheel and not moving forward. He had waited for Mr Lee and nothing happened. Just after the finish line Mr Lee shifted outwards but by that time Mr Barclay was improving forward on his outside and he was forced to race three-wide.
Mr Lee stated he had every intention of coming out ahead of Mr Hunter. However, his horse was racing greenly and when he went to shift outwards the horse was slow to respond. He believed he was always in a position to shift outwards and Mr Hunter’s horse moved forward after he shifted out. He thought Mr Hunter would have made a better effort to shift forwards and felt it was circumstances more than anything.
In summary Mr Wallis stated Mr Lee had had every opportunity over a considerable distance to shift outwards but had left his outwards movement too late. In doing so, both Mr Hunter and Barclay were forced wider on the track. Mr Lee said Mr Hunter gave him an opportunity to come out and he did so. He felt there were other circumstances involved.
reasonsfordecision:
After viewing the videos and hearing the evidence it is clear that Mr Lee shifted outwards when both Mr Hunter and Mr Barclay were making forward movements. This outwards shift forced both outside runners to race wider on the track when entering the bend. We accept Mr Lee’s evidence that his horse was racing greenly at the time and was slow to react when asked to improve outwards. However, Mr Lee had every opportunity over considerable ground to improve outwards and not interfere with the running of both Rakarover and Dali Bread.
Decision:
We find the charge proved.
sumissionsforpenalty:
Mr Wallis submitted that Mr Lee has an excellent record with no previous breaches of this rule in the past 12 months. There were mitigating factors in Mr Lee’s favour in regards to the horse’s racing manners. He drove in the Otago/Southland area and had 61 drives last season and 36 for this current season. The JCA Penalty Guidelines recommend a suspension of 5 drives or a $250 fine. Given Mr Lee’s excellent record he sought a fine of $200.
Mr Lee submitted a fine at the lower end would be appreciated.
reasonsforpenalty:
In setting a penalty we adopt the JCA Penalty Guideline starting point of $250. While Mr Lee chose to defend the breach, this is not an aggravating factor and there is no uplift from the starting point. Credit is given for Mr Lee’s excellent record and the mitigating factors.
penalty:
Mr Lee is fined $200.
hearing_type: Hearing
Rules: 869(4)(6)(b) and (c)
Informant: Mr S Wallis - Stipendiary Steward
JockeysandTrainer: Mr G Lee - Open Horseman
Otherperson: Mr P Hunter - Open Horseman, Mr C Boyd - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
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race_title: Winton HRC 9 April 2017 - R 5 - Chair, Mr P Knowles
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meetdate: 09/04/2017
meet_title: Winton HRC - 9 April 2017
meet_expappcomment:
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name: Winton HRC