Archive Decision

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Banks Peninsula TC 29 December 2014 – R 1

ID: JCA16639

Applicant:
Mr N McIntyre - Co-Chief Stipendiary Steward

Respondent(s):
Mr M Anderson - Junior Horseman

Other Person:
Mr B Orange - Senior Horsman (assisting Mr Anderson)

Information Number:
A6333

Hearing Type:
Hearing

New Charge:
869 (6) (b & c)

Rules:
Push Out Rule

Plea:
admitted

Meet Title:
Banks Peninsula TC - 29 December 2014

Meet Chair:
PKnowles

Meet Committee Member 1:
KHales

Race Date:
2014/12/29

Race Number:
R1

Decision:

On hearing the evidence and viewing the videos the breach was found proved. 

Penalty:

Mr Anderson was given credit for the above mitigating factors and a fine of  $200 was imposed. 

Facts:

Following the running of Race 8, the Paul Renwick Joinery Motukarara Handicap Pace an information was filed by Stipendiary Steward, Mr N McIntyre alleging M Anderson, (Backup) breached Rule 869 (6) (b & c) in that ..Mr Anderson (Backup) pushed Magna wider on the track prior to the 1000 metre mark when not entitled to.

Mr Anderson was present at the hearing and admitted the charge.

Rule 869 (6) (b & 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.

Mr McIntyre, with the use of the video replays, showed Mr Anderson (Backup) was placed in the one-out/one-back position as the field travelled down the back straight. About the 1200m mark Magna (J Geddes), which was racing midfield, started to improve in a three wide position towards the lead. Approaching the 1100m mark Magna was well forward of Backup’s sulky wheel when Mr Anderson shifted outwards forcing Backup wider on the track.

Mr McIntyre also stated that when shifting wider Mr Anderson also placed his horse in restricted room between the parked out horse and Magna on its outer. This forced Mr Geddes to shift wider to a four wide position. He stated Mr Anderson’s outwards movement was a clear breach of the Push Out Rule.

Mr Orange accepted the evidence of Mr McIntyre and stated the videos were very clear. He said Mr Anderson had made an error.

Submissions for Penalty:

Mr McIntyre stated Mr Anderson had an excellent record, had no warnings or had breached any rule in two seasons of driving. He had admitted the breach at the first opportunity and had co-operated fully with the Stewards.

The Penalty Guide recommended a minimum fine of $250 and the Stewards were seeking a fine of $200 in this instance.

Mr Anderson asked the committee to take into account he was a Junior Horseman and had only a limited number of drives. 

Reasons for Penalty:

The committee took into account Mr Anderson's excellent record, his early admission of the breach and that he was a Junior Horseman with limited opportunities.

The committee also noted that due to the breach there was no protest and that Magna had continued on and won the race. 

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: cf3f75bf0eccf1d1a5e8d2908b490bcc


informantnumber: A6333


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: 869 (6) (b & c)


plea: admitted


penaltyrequired: 1


decisiondate: 29/12/2014


hearing_title: Banks Peninsula TC 29 December 2014 - R 1


charge:


facts:

Following the running of Race 8, the Paul Renwick Joinery Motukarara Handicap Pace an information was filed by Stipendiary Steward, Mr N McIntyre alleging M Anderson, (Backup) breached Rule 869 (6) (b & c) in that ..Mr Anderson (Backup) pushed Magna wider on the track prior to the 1000 metre mark when not entitled to.

Mr Anderson was present at the hearing and admitted the charge.

Rule 869 (6) (b & 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.

Mr McIntyre, with the use of the video replays, showed Mr Anderson (Backup) was placed in the one-out/one-back position as the field travelled down the back straight. About the 1200m mark Magna (J Geddes), which was racing midfield, started to improve in a three wide position towards the lead. Approaching the 1100m mark Magna was well forward of Backup’s sulky wheel when Mr Anderson shifted outwards forcing Backup wider on the track.

Mr McIntyre also stated that when shifting wider Mr Anderson also placed his horse in restricted room between the parked out horse and Magna on its outer. This forced Mr Geddes to shift wider to a four wide position. He stated Mr Anderson’s outwards movement was a clear breach of the Push Out Rule.

Mr Orange accepted the evidence of Mr McIntyre and stated the videos were very clear. He said Mr Anderson had made an error.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

On hearing the evidence and viewing the videos the breach was found proved. 


sumissionsforpenalty:

Mr McIntyre stated Mr Anderson had an excellent record, had no warnings or had breached any rule in two seasons of driving. He had admitted the breach at the first opportunity and had co-operated fully with the Stewards.

The Penalty Guide recommended a minimum fine of $250 and the Stewards were seeking a fine of $200 in this instance.

Mr Anderson asked the committee to take into account he was a Junior Horseman and had only a limited number of drives. 


reasonsforpenalty:

The committee took into account Mr Anderson's excellent record, his early admission of the breach and that he was a Junior Horseman with limited opportunities.

The committee also noted that due to the breach there was no protest and that Magna had continued on and won the race. 


penalty:

Mr Anderson was given credit for the above mitigating factors and a fine of  $200 was imposed. 


hearing_type: Hearing


Rules: Push Out Rule


Informant: Mr N McIntyre - Co-Chief Stipendiary Steward


JockeysandTrainer: Mr M Anderson - Junior Horseman


Otherperson: Mr B Orange - Senior Horsman (assisting Mr Anderson)


PersonPresent:


Respondent:


StipendSteward:


raceid: 18f1431e4af831f6dd7d95e922b922ca


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: ebc7fb7c69a7e53b3238cc448b7e748b


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 29/12/2014


meet_title: Banks Peninsula TC - 29 December 2014


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: banks-peninsula-tc


meet_racingtype: harness-racing


meet_chair: PKnowles


meet_pm1: KHales


meet_pm2: none


name: Banks Peninsula TC