Archive Decision

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Manawatu HRC 1 November 2018 – R 4 – Chair, Mr P Williams

ID: JCA16767

Applicant:
Mr S Mulcay - Senior Stipendiary Steward

Respondent(s):
Mr J Abernethy - Open Horseman

Other Person:
Mr J Muirhead - Senior Stipendiary Steward

Information Number:
A10253

Hearing Type:
Hearing

New Charge:
Push Out Rule

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

Plea:
admitted

Meet Title:
Manawatu HRC - 1 November 2018

Meet Chair:
PWilliams

Meet Committee Member 1:
NMoffatt

Race Date:
2018/11/01

Race Number:
R4

Decision:

As Mr Abernethy has admitted the breach of the Rule the charge is found proved.

Penalty:

Mr Abernethy is fined the sum of $200.

Facts:

Following the running of Race 4, the “Mainline Farrier Supplies Mobile Pace”, an Information was filed by Stipendiary Steward, Mr S Mulcay, against Open Horseman Mr J Abernethy, alleging that “ J Abernethy shifted his filly near the 1300m and forced “The Bandit Queen” (D Butcher) to race wider on the track”.

Mr Abernethy signed the Statement by the Respondent on the Information form indicating that he admitted the breach and, further, that he did not wish to be present at the hearing of the Information.

Rule 869 provides as follows:

(3) 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 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 Mulcay showed video replays of the incident with approximately 1300 metres to run. He highlighted Mr Abernethy trailing the leader with Mr Butcher racing behind him and to his outside. Mr Mulcay said Mr Butcher could be seen improving to the outside wheel of Mr Abernethy who then came out and forced Mr Butcher into a 3-wide position thereby breaching the Push Out Rule.

Submissions for Penalty:

Mr Mulcay said Mr Abernethy had not previously breached this Rule and had admitted the breach at the earliest opportunity. He said the breach could be dealt with by way of a fine noting that, as the starting point for a breach of the Rule is a $250 fine, a fine of $200 was appropriate on this occasion.

Reasons for Penalty:

The Committee has considered the evidence and submission of Mr Mulcay. We believe the severity of the breach is at the low end. That fact, combined with Mr Abernethy’s admission of the breach and his previous good record, justifies a reduction to the starting point penalty of a fine of $250. We believe that reduction should be $50.

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: 9e2d1dfa75fe16deb20616aae0e38335


informantnumber: A10253


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Push Out Rule


plea: admitted


penaltyrequired: 1


decisiondate: 02/11/2018


hearing_title: Manawatu HRC 1 November 2018 - R 4 - Chair, Mr P Williams


charge:


facts:

Following the running of Race 4, the “Mainline Farrier Supplies Mobile Pace”, an Information was filed by Stipendiary Steward, Mr S Mulcay, against Open Horseman Mr J Abernethy, alleging that “ J Abernethy shifted his filly near the 1300m and forced “The Bandit Queen” (D Butcher) to race wider on the track”.

Mr Abernethy signed the Statement by the Respondent on the Information form indicating that he admitted the breach and, further, that he did not wish to be present at the hearing of the Information.

Rule 869 provides as follows:

(3) 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 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 Mulcay showed video replays of the incident with approximately 1300 metres to run. He highlighted Mr Abernethy trailing the leader with Mr Butcher racing behind him and to his outside. Mr Mulcay said Mr Butcher could be seen improving to the outside wheel of Mr Abernethy who then came out and forced Mr Butcher into a 3-wide position thereby breaching the Push Out Rule.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Abernethy has admitted the breach of the Rule the charge is found proved.


sumissionsforpenalty:

Mr Mulcay said Mr Abernethy had not previously breached this Rule and had admitted the breach at the earliest opportunity. He said the breach could be dealt with by way of a fine noting that, as the starting point for a breach of the Rule is a $250 fine, a fine of $200 was appropriate on this occasion.


reasonsforpenalty:

The Committee has considered the evidence and submission of Mr Mulcay. We believe the severity of the breach is at the low end. That fact, combined with Mr Abernethy’s admission of the breach and his previous good record, justifies a reduction to the starting point penalty of a fine of $250. We believe that reduction should be $50.


penalty:

Mr Abernethy is fined the sum of $200.


hearing_type: Hearing


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


Informant: Mr S Mulcay - Senior Stipendiary Steward


JockeysandTrainer: Mr J Abernethy - Open Horseman


Otherperson: Mr J Muirhead - Senior Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: b5370abcea01b679f2af99f00919bf06


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: 9807eeb914814129422413da4d69b5d9


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 01/11/2018


meet_title: Manawatu HRC - 1 November 2018


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: manawatu-hrc


meet_racingtype: harness-racing


meet_chair: PWilliams


meet_pm1: NMoffatt


meet_pm2: none


name: Manawatu HRC