NZ Metro TC 21 July 2017 – R 1 – Chair, Mr S Ching
ID: JCA17075
Meet Title:
NZ Metro TC - 21 July 2017
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2017/07/21
Race Number:
R1
Decision:
The charge was found to be proved.
Penalty:
Accordingly, Mrs Negus was fined the sum of $500.
Facts:
Following the running of Race 1, the Bishopdale/Bush Inn TAB’s & Tavern Harewood (Amateur Drivers) Mobile Pace, an information was filed by Stipendiary Steward Mr S Renault against Advanced Amateur Horsewoman, Mrs C Negus, alleging a breach of Rule 868(2) in that she failed to take all reasonable and permissible measures when electing not to shift ALEXY wider on the track rounding the final bend when an opportunity existed.
Rule 868(2) reads as follows:
“Every horseman shall take all reasonable and permissible measures at all times during the race to ensure that his horse is given full opportunity to win the race or to obtain the best possible position and/or finishing place.”
Mrs Negus had indicated on the Information that this breach of the Rules was not admitted and she confirmed this at the hearing. She also agreed that she understood the charge and the Rule it was brought under. Mrs Negus was assisted at the hearing by Licensed Trainer, Mr B Negus.
Mrs Negus was given the opportunity to have the matter adjourned and to be held at a later date but this was declined.
Submissions for Decision:
Mr Renault stated that the Stewards had concerns in relation to Mrs Negus’ drive around the final bend between the 500m and 300m. He said that Mrs Negus, driving ALEXY, raced in the parked position without cover for the first lap and from the 1200m was racing in the 1/1 position. He stated that just inside the 600m, the horse in front of Mrs Negus, LLOYDIN MAGIC, driven by Mr A Edge, began to weaken when in the parked position and as a result ALEXY was taken back through the field and was held up until near the 300m. Mr Renault stated that an opportunity was presented to Mrs Negus to improve out into a 3 wide position with cover from near the 500m when NORTHVIEW MAJOR, driven by Mr M Maynard who was trailing REDMARO, driven by Ms Miranda Hallett, in the 3 wide line, began to give ground leaving a gap for Mrs Negus to improve out into. He said that Mrs Negus opted to stay on the back of LLOYDIN MAGIC, instead of improving out into the 3-wide line which she entitled to do, and for some distance was held up and taken back through the field by the tiring LLOYDIN MAGIC. ALEXY, when eventually clear of LLOYDIN MAGIC near the 300m, was driven out with the reins and an attempt to pull the hood was made which was unsuccessful as it did not activate. ALEXY was then held up for clearing racing room over the final 50 to 100m, eventually finishing in 11th position, 2nd to last placing.
Mr Renault stated that ALEXY was vet checked post-race with no abnormalities detected.
In summary Mr Renault submitted that Mrs Negus had an opportunity to improve out and around the tiring LLOYDIN MAGIC between the 500m and 300m and give ALEXY, a 3 wide with cover, run. Instead Mrs Negus opted to stay behind the tiring LLOYDIN MAGIC when it was reasonable and permissible to improve out into the 3-wide line and shift out from behind the tiring LLOYDIN MAGIC.
Mr Negus stated that it was critical that the whole race was taken into consideration. He said that ALEXY did a lot of work out of the gate and he was 3 wide for the majority of the first bend and thereafter raced in a parked position. He explained that ALEXY had raced 163 times in his career and won on only 3 occasions. Mr Negus said that when ALEXY has been placed he has done a minimum of work during the running and had a luxury run, when not being used up early and during the running. He said that for ALEXY to be parked for a lap usually meant he was “ history” and would not finish on. He said that Mrs Negus would have known that and to push out at the 400m would not have been to suit the horse as he races on better if he thinks he is a bit unlucky. He said that if ALEXY crossed the line under a hold he would try harder and the horse had to be tricked to get the best out of him. Mr Negus also stated that the track was wet and visibility was limited and reasoned that to move out at that point may have resulted in interference to another runner. Mr & Mrs Negus both conceded that in retrospect, Mrs Negus should have shifted out from behind the tiring LLOYDIN MAGIC, when the opportunity arose between the 500m and 300m and that it was not a good look.
Reasons for Decision:
We carefully considered all the oral and video evidence presented at the hearing. The Committee was satisfied that an opportunity between the 500m and 300m presented itself to Mrs Negus to improve out and around the tiring runner LLOYDIN MAGIC. Mrs Negus did not to take up that opportunity which we find was a reasonable and permissible action for Mrs Negus to take considering her situation. Mrs Negus instead opted to remain behind the tiring runner LLOYDIN MAGIC and finished up being held up and taken back through the field. All drivers have a duty of care and are expected to take all reasonable and permissible measures to give their respective drives every opportunity to finish in the best possible position. We find that Mrs Negus has erred and failed to do so on this occasion.
We therefore found the charge proved.
Submissions for Penalty:
Mr Renault informed the Committee that Mrs Negus had a clear record and was in her first season of driving with a total of 21 drives. The JCA Penalty Guide recommends a starting point for a mid-range breach of this rule to be a $750 fine or a 15-drive suspension. He stated that it was difficult with Amateur Drivers calculating suspensions as they usually drive only 2 times per month. Mr Renault stated that the last breach of this rule by an Amateur Driver was Mr Murtha who received a 4-month suspension and a fine of $300 last year. He said that normally he would be seeking a similar penalty but with Mrs Negus being selected to represent the South Island in an Amateur Drivers competition in America in October submitted that consideration to penalty be given with this in mind. Mr Renault submitted that a penalty equivalent to the Murtha decision be considered as penalty in this case.
Mr Renault submitted that the level of this breach was mid-range as Mrs Negus had an opportunity to shift out and improve around LLOYDIN MAGIC for 200m.
Mr Negus submitted that a fine would be a preferred penalty as that would mean that Mrs Negus could continue on driving in her lead up to the Amateur Driving competition in the States. He also said that they do this for love not money and asked for leniency in regard to the level of the fine.
Reasons for Penalty:
The JCA Penalty Guide recommends a starting point of a 15-drive suspension or a $750 fine for a mid-range breach of this rule. The Committee determined that due to the upcoming trip to America to represent the South Island and the lower-end level of the breach that a fine was an appropriate penalty in this case. We assessed this breach to be at a low to mid-level and accordingly adopted a starting point of $600. We also considered that there were no aggravating factors to be taken into account, so therefore an uplift in penalty was not warranted. In mitigation consideration was given to Mr Negus’ extensive explanation of ALEXY’s racing manners which we determined had some influence on Mrs Negus’ decision not to take advantage of the opportunity to shift out and around LLOYDIN MAGIC between the 500m and 300m, Mrs Negus’ clear record and her relative inexperience as an Amateur Driver having had only 21 career drives. We set the discount for these mitigating factors at $100. We therefore determined that a fine of $500 was an appropriate penalty.
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: c9f4d18764d70113f52f96ef44f54da1
informantnumber: A09628
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of Rule 868(2)
plea: denied
penaltyrequired: 1
decisiondate: 24/07/2017
hearing_title: NZ Metro TC 21 July 2017 - R 1 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 1, the Bishopdale/Bush Inn TAB’s & Tavern Harewood (Amateur Drivers) Mobile Pace, an information was filed by Stipendiary Steward Mr S Renault against Advanced Amateur Horsewoman, Mrs C Negus, alleging a breach of Rule 868(2) in that she failed to take all reasonable and permissible measures when electing not to shift ALEXY wider on the track rounding the final bend when an opportunity existed.
Rule 868(2) reads as follows:
“Every horseman shall take all reasonable and permissible measures at all times during the race to ensure that his horse is given full opportunity to win the race or to obtain the best possible position and/or finishing place.”
Mrs Negus had indicated on the Information that this breach of the Rules was not admitted and she confirmed this at the hearing. She also agreed that she understood the charge and the Rule it was brought under. Mrs Negus was assisted at the hearing by Licensed Trainer, Mr B Negus.
Mrs Negus was given the opportunity to have the matter adjourned and to be held at a later date but this was declined.
appealdecision:
isappeal:
submissionsfordecision:
Mr Renault stated that the Stewards had concerns in relation to Mrs Negus’ drive around the final bend between the 500m and 300m. He said that Mrs Negus, driving ALEXY, raced in the parked position without cover for the first lap and from the 1200m was racing in the 1/1 position. He stated that just inside the 600m, the horse in front of Mrs Negus, LLOYDIN MAGIC, driven by Mr A Edge, began to weaken when in the parked position and as a result ALEXY was taken back through the field and was held up until near the 300m. Mr Renault stated that an opportunity was presented to Mrs Negus to improve out into a 3 wide position with cover from near the 500m when NORTHVIEW MAJOR, driven by Mr M Maynard who was trailing REDMARO, driven by Ms Miranda Hallett, in the 3 wide line, began to give ground leaving a gap for Mrs Negus to improve out into. He said that Mrs Negus opted to stay on the back of LLOYDIN MAGIC, instead of improving out into the 3-wide line which she entitled to do, and for some distance was held up and taken back through the field by the tiring LLOYDIN MAGIC. ALEXY, when eventually clear of LLOYDIN MAGIC near the 300m, was driven out with the reins and an attempt to pull the hood was made which was unsuccessful as it did not activate. ALEXY was then held up for clearing racing room over the final 50 to 100m, eventually finishing in 11th position, 2nd to last placing.
Mr Renault stated that ALEXY was vet checked post-race with no abnormalities detected.
In summary Mr Renault submitted that Mrs Negus had an opportunity to improve out and around the tiring LLOYDIN MAGIC between the 500m and 300m and give ALEXY, a 3 wide with cover, run. Instead Mrs Negus opted to stay behind the tiring LLOYDIN MAGIC when it was reasonable and permissible to improve out into the 3-wide line and shift out from behind the tiring LLOYDIN MAGIC.
Mr Negus stated that it was critical that the whole race was taken into consideration. He said that ALEXY did a lot of work out of the gate and he was 3 wide for the majority of the first bend and thereafter raced in a parked position. He explained that ALEXY had raced 163 times in his career and won on only 3 occasions. Mr Negus said that when ALEXY has been placed he has done a minimum of work during the running and had a luxury run, when not being used up early and during the running. He said that for ALEXY to be parked for a lap usually meant he was “ history” and would not finish on. He said that Mrs Negus would have known that and to push out at the 400m would not have been to suit the horse as he races on better if he thinks he is a bit unlucky. He said that if ALEXY crossed the line under a hold he would try harder and the horse had to be tricked to get the best out of him. Mr Negus also stated that the track was wet and visibility was limited and reasoned that to move out at that point may have resulted in interference to another runner. Mr & Mrs Negus both conceded that in retrospect, Mrs Negus should have shifted out from behind the tiring LLOYDIN MAGIC, when the opportunity arose between the 500m and 300m and that it was not a good look.
reasonsfordecision:
We carefully considered all the oral and video evidence presented at the hearing. The Committee was satisfied that an opportunity between the 500m and 300m presented itself to Mrs Negus to improve out and around the tiring runner LLOYDIN MAGIC. Mrs Negus did not to take up that opportunity which we find was a reasonable and permissible action for Mrs Negus to take considering her situation. Mrs Negus instead opted to remain behind the tiring runner LLOYDIN MAGIC and finished up being held up and taken back through the field. All drivers have a duty of care and are expected to take all reasonable and permissible measures to give their respective drives every opportunity to finish in the best possible position. We find that Mrs Negus has erred and failed to do so on this occasion.
We therefore found the charge proved.
Decision:
The charge was found to be proved.
sumissionsforpenalty:
Mr Renault informed the Committee that Mrs Negus had a clear record and was in her first season of driving with a total of 21 drives. The JCA Penalty Guide recommends a starting point for a mid-range breach of this rule to be a $750 fine or a 15-drive suspension. He stated that it was difficult with Amateur Drivers calculating suspensions as they usually drive only 2 times per month. Mr Renault stated that the last breach of this rule by an Amateur Driver was Mr Murtha who received a 4-month suspension and a fine of $300 last year. He said that normally he would be seeking a similar penalty but with Mrs Negus being selected to represent the South Island in an Amateur Drivers competition in America in October submitted that consideration to penalty be given with this in mind. Mr Renault submitted that a penalty equivalent to the Murtha decision be considered as penalty in this case.
Mr Renault submitted that the level of this breach was mid-range as Mrs Negus had an opportunity to shift out and improve around LLOYDIN MAGIC for 200m.
Mr Negus submitted that a fine would be a preferred penalty as that would mean that Mrs Negus could continue on driving in her lead up to the Amateur Driving competition in the States. He also said that they do this for love not money and asked for leniency in regard to the level of the fine.
reasonsforpenalty:
The JCA Penalty Guide recommends a starting point of a 15-drive suspension or a $750 fine for a mid-range breach of this rule. The Committee determined that due to the upcoming trip to America to represent the South Island and the lower-end level of the breach that a fine was an appropriate penalty in this case. We assessed this breach to be at a low to mid-level and accordingly adopted a starting point of $600. We also considered that there were no aggravating factors to be taken into account, so therefore an uplift in penalty was not warranted. In mitigation consideration was given to Mr Negus’ extensive explanation of ALEXY’s racing manners which we determined had some influence on Mrs Negus’ decision not to take advantage of the opportunity to shift out and around LLOYDIN MAGIC between the 500m and 300m, Mrs Negus’ clear record and her relative inexperience as an Amateur Driver having had only 21 career drives. We set the discount for these mitigating factors at $100. We therefore determined that a fine of $500 was an appropriate penalty.
penalty:
Accordingly, Mrs Negus was fined the sum of $500.
hearing_type: Hearing
Rules: 868(2)
Informant: S Renault-Stipendiary Steward
JockeysandTrainer: C Negus-Advanced Amateur Horsewoman
Otherperson: B R Negus -Licensed Trainer
PersonPresent:
Respondent:
StipendSteward:
raceid: ffe96de773131d4c999e2b897d9e6950
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: 58d9c5ea3f7f634bdc1747e093b38676
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 21/07/2017
meet_title: NZ Metro TC - 21 July 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: NZ Metro TC