Westport TC 26 December 2020 – R 9 – Chair, Mr D Anderson
ID: JCA16569
Meet Title:
Westport TC - 26 December 2020
Meet Chair:
DAnderson
Meet Committee Member 1:
RMcKenzie
Race Date:
2020/12/26
Race Number:
R 9
Decision:
Mr Hope having admitted the breach the charge was found proved.
Penalty:
Accordingly, Mr Hope was fined the sum of $200.
Facts:
Following the running of Race 9, an Information was filed by Stipendiary Steward, Mr S Renault alleging a breach of Rule 869(4)(6)(b)(c) by Junior Driver, Mr B Hope. The Information stated that “In that you forced J Cox (ROCKNROLL ROD) to race wider on the track near the 1700m - Push Out Rule”.
Mr Hope had signed the Information stating he did admit the breach. He said he was conversant with the Rule and was comfortable without assistance at the hearing.
Rule 869(4)(6)(b)(c) reads as follows.
(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.
(6) “Subject to sub-rule (4) hereof: -
(b) A horse 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.”
Mr Renault with the assistance of Stipendiary Steward, Mr R Quirk used the race video to identify Mr Hope racing 6 back on the inside at approximately the 1700m. He pointed to Mr K Cameron (FYNN FROST), who was racing outside Mr Hope, shift out into the 3-wide line. He said immediately after this manoeuvre Mr Hope pulled off the fence and into the 2 wide line dictating Mr Cox (ROCKNROLL ROD), who had been following Mr Cameron, to a 3-wide position.
Submissions for Penalty:
Mr Renault said Mr Hope has had 137 drives this season and 257 last season and is a very busy and successful Junior Driver. He said Mr Hope has a clear record under this Rule. He referred to the JCA Penalty Guide starting point of 5 drives or a $250 fine for a breach of this Rule and submitted a fine of $200 was appropriate.
Mr Hope made no submissions on penalty.
Reasons for Penalty:
The Committee has taken the JCA Penalty Guide starting point for a breach of this Rule which is a 5-drive suspension or a $250 fine. We consider a fine appropriate in this case.
There are no aggravating factors to consider.
The mitigating factors are Mr Hope’s clear record and admission for which we afford him a $50 discount.
We therefore determined that a fine of $200 was an appropriate penalty in this case.
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: c6dc50fa4b437a3543eac696600f34e2
informantnumber: A13624
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Push Out Rule
plea: admitted
penaltyrequired: 1
decisiondate: 29/12/2020
hearing_title: Westport TC 26 December 2020 - R 9 - Chair, Mr D Anderson
charge:
facts:
Following the running of Race 9, an Information was filed by Stipendiary Steward, Mr S Renault alleging a breach of Rule 869(4)(6)(b)(c) by Junior Driver, Mr B Hope. The Information stated that “In that you forced J Cox (ROCKNROLL ROD) to race wider on the track near the 1700m - Push Out Rule”.
Mr Hope had signed the Information stating he did admit the breach. He said he was conversant with the Rule and was comfortable without assistance at the hearing.
Rule 869(4)(6)(b)(c) reads as follows.
(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.
(6) “Subject to sub-rule (4) hereof: -
(b) A horse 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.”
Mr Renault with the assistance of Stipendiary Steward, Mr R Quirk used the race video to identify Mr Hope racing 6 back on the inside at approximately the 1700m. He pointed to Mr K Cameron (FYNN FROST), who was racing outside Mr Hope, shift out into the 3-wide line. He said immediately after this manoeuvre Mr Hope pulled off the fence and into the 2 wide line dictating Mr Cox (ROCKNROLL ROD), who had been following Mr Cameron, to a 3-wide position.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Hope having admitted the breach the charge was found proved.
sumissionsforpenalty:
Mr Renault said Mr Hope has had 137 drives this season and 257 last season and is a very busy and successful Junior Driver. He said Mr Hope has a clear record under this Rule. He referred to the JCA Penalty Guide starting point of 5 drives or a $250 fine for a breach of this Rule and submitted a fine of $200 was appropriate.
Mr Hope made no submissions on penalty.
reasonsforpenalty:
The Committee has taken the JCA Penalty Guide starting point for a breach of this Rule which is a 5-drive suspension or a $250 fine. We consider a fine appropriate in this case.
There are no aggravating factors to consider.
The mitigating factors are Mr Hope’s clear record and admission for which we afford him a $50 discount.
We therefore determined that a fine of $200 was an appropriate penalty in this case.
penalty:
Accordingly, Mr Hope was fined the sum of $200.
hearing_type: Hearing
Rules: 869(4)(6)(b)(c)
Informant: Mr S Renault - Stipendiary Steward
JockeysandTrainer: Mr B Hope - Junior Driver
Otherperson: Mr R Quirk - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: d50694387c39d5b8ea0bd4154d316c9a
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: c6929bdcb4379dd72c8749be5436d902
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 26/12/2020
meet_title: Westport TC - 26 December 2020
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: westport-tc
meet_racingtype: harness-racing
meet_chair: DAnderson
meet_pm1: RMcKenzie
meet_pm2: none
name: Westport TC