Archive Decision

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HR Waikato 7 August 2014 – R 4

ID: JCA15964

Applicant:
Mr S Mulcay - Stipendiary Steward

Respondent(s):
Mr M Blakemore - Licensed Junior Horseman

Other Person:
Mr Butcher - assisting Mr Blakemore

Information Number:
A3709

Hearing Type:
Hearing

New Charge:
Breach of the Push Out Rule

Rules:
869(4), 869(6)(b) & (c)

Plea:
admitted

Meet Title:
Harness Racing Waikato - 7 August 2014

Meet Chair:
BScott

Meet Committee Member 1:
ADooley

Race Date:
2014/08/07

Race Number:
R4

Decision:

As the breach was admitted, we find the charge proved.

Penalty:

The Committee accordingly imposes a fine of $150.00 on Mr Blakemore.

Facts:

Following the running of the DREAM VACATION @ NEVELE R STUD JUNIOR DRIVERS HANDICAP TROT an Information was filed by Stipendiary Steward Mr S Mulcay against Licensed Junior Horseman Mr M Blakemore alleging that Mr Blakemore improved DRAGON LADY from the Running Line near the 1500 metre mark forcing OTO INVASION wider on the track.

Rule 869(4) provides:

“No horseman shall during any Race do anything that interferes or is likely to interfere with his own horse and/or any other horses’ progress.”

Rule 869(6)(b) and (c) provides:

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.”

These Rules apply until 1000 metres from the finish of the Race.

Mr Blakemore was present and advised the Committee that he admitted the breach. Mr Butcher was present in his role assisting Mr Blakemore.

Mr Mulcay demonstrated the incident by use of the Race Films and he showed that at about the 1500 metre mark Mr Blakemore’s horse was four deep on the Marker Line and he shifted out forcing OTO INVASION wider on the track. He said that this was a clear breach of the Push Out Rule.

Mr Butcher on behalf of Mr Blakemore acknowledged that Mr Blakemore had breached the Push Out Rule and he had admitted the breach to the Committee. Mr Butcher said that Mr Blakemore had simply made a mistake and he was a fraction late in coming out.

Submissions for Penalty:

Mr Mulcay referred to the JCA Guidelines and said that these provided for a penalty of suspension of licence for five drives or a $250.00 fine. He said that the Committee should take into account Mr Blakemore’s admission of the breach, the fact that he was a young Junior Horseman and that he had had limited experience.

Mr Butcher for his part said that Mr Blakemore was a young Driver who had made a mistake and that in the first instance the fine should be in the vicinity of $100.00 and that he would learn from this incident.

Reasons for Penalty:

The Committee listened to the submissions from both parties and reviewed the films several times.

The aggravating factor is that it was a very clear breach of the Push Out Rule and that Mr Blakemore was, in our view, half a length too late in moving out.

There are a number of mitigating factors however and these are that Mr Blakemore is an inexperienced Junior Horseman (he has told us that he has had 30 drives in total) and he has admitted the breach in the first instance and this is a learning curve for him.

Taking all aggravating and mitigating factors into account the Committee believes that a fine of $150.00 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: a6d67078cfd9b4e5c1858aac72c32de3


informantnumber: A3709


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Breach of the Push Out Rule


plea: admitted


penaltyrequired: 1


decisiondate: 05/08/2014


hearing_title: HR Waikato 7 August 2014 – R 4


charge:


facts:

Following the running of the DREAM VACATION @ NEVELE R STUD JUNIOR DRIVERS HANDICAP TROT an Information was filed by Stipendiary Steward Mr S Mulcay against Licensed Junior Horseman Mr M Blakemore alleging that Mr Blakemore improved DRAGON LADY from the Running Line near the 1500 metre mark forcing OTO INVASION wider on the track.

Rule 869(4) provides:

“No horseman shall during any Race do anything that interferes or is likely to interfere with his own horse and/or any other horses’ progress.”

Rule 869(6)(b) and (c) provides:

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.”

These Rules apply until 1000 metres from the finish of the Race.

Mr Blakemore was present and advised the Committee that he admitted the breach. Mr Butcher was present in his role assisting Mr Blakemore.

Mr Mulcay demonstrated the incident by use of the Race Films and he showed that at about the 1500 metre mark Mr Blakemore’s horse was four deep on the Marker Line and he shifted out forcing OTO INVASION wider on the track. He said that this was a clear breach of the Push Out Rule.

Mr Butcher on behalf of Mr Blakemore acknowledged that Mr Blakemore had breached the Push Out Rule and he had admitted the breach to the Committee. Mr Butcher said that Mr Blakemore had simply made a mistake and he was a fraction late in coming out.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As the breach was admitted, we find the charge proved.

sumissionsforpenalty:

Mr Mulcay referred to the JCA Guidelines and said that these provided for a penalty of suspension of licence for five drives or a $250.00 fine. He said that the Committee should take into account Mr Blakemore’s admission of the breach, the fact that he was a young Junior Horseman and that he had had limited experience.

Mr Butcher for his part said that Mr Blakemore was a young Driver who had made a mistake and that in the first instance the fine should be in the vicinity of $100.00 and that he would learn from this incident.


reasonsforpenalty:

The Committee listened to the submissions from both parties and reviewed the films several times.

The aggravating factor is that it was a very clear breach of the Push Out Rule and that Mr Blakemore was, in our view, half a length too late in moving out.

There are a number of mitigating factors however and these are that Mr Blakemore is an inexperienced Junior Horseman (he has told us that he has had 30 drives in total) and he has admitted the breach in the first instance and this is a learning curve for him.

Taking all aggravating and mitigating factors into account the Committee believes that a fine of $150.00 is appropriate.


penalty:

The Committee accordingly imposes a fine of $150.00 on Mr Blakemore.

hearing_type: Hearing


Rules: 869(4), 869(6)(b) & (c)


Informant: Mr S Mulcay - Stipendiary Steward


JockeysandTrainer: Mr M Blakemore - Licensed Junior Horseman


Otherperson: Mr Butcher - assisting Mr Blakemore


PersonPresent:


Respondent:


StipendSteward:


raceid: 6986d98ebcd89627412368144cd3167d


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R4


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: e94fab199bb46536fcc9f5b5a1813430


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 07/08/2014


meet_title: Harness Racing Waikato - 7 August 2014


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: harness-racing-waikato


meet_racingtype: harness-racing


meet_chair: BScott


meet_pm1: ADooley


meet_pm2: none


name: Harness Racing Waikato