Oamaru HRC 10 February 2021 – R 1 – Chair, Prof G Hall
ID: JCA17081
Meet Title:
Oamaru HRC - 10 February 2021
Meet Chair:
GHall
Race Date:
2021/02/10
Race Number:
R 1
Decision:
The charge is proved.
Penalty:
The starting point in the Penalty Guide is a $250 fine. Balancing these matters, Mr Clarke is fined the sum of $225.
Facts:
Mr Munro alleged that Mr Clarke (TUSCON SUN) shifted wider on the track near the 1200 metres forcing REINDEER TROUBLE and MAJESTIC JAG wider on the track.
Rule 869(4) states:
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.
While r 869(6) 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.
Submissions for Decision:
Mr Renault demonstrated on the videos that Mr Clarke was in the trail at the winning post with a lap to race when the leading horse MAINLAND PAT started to tire quickly. Mr Clarke shifted wider on the track in order to get to the outside of MAINLAND PAT and thus avoid being held up by the tiring runner. He alleged that when Mr Clarke shifted, Mr Heenan was to his outside and he was shifted wider on the track, as was Mr Telfer who was racing 3-wide to the outside of Mr Heenan. Ms Ottley, who ended up with the run behind MAINLAND PAT that the Respondent otherwise would have had, got carted back through the field as MAINLAND PAT retreated.
Mr Munro also showed the back straight video when the Committee asked for other angles. He said this confirmed that Mr Heenan was up outside Mr Clarke’s cart when Mr Clarke shifted.
Mr Clarke said the leading horse was hanging and tiring. He believed there was a gap for him to improve into. He had “a window of opportunity” and took it. He said the head-on video showed this. He did not agree that the other two angles clearly showed that Mr Heenan was up outside his wheel. He added that Mr Telfer’s horse was pacing roughly, and he believed it was that horse that was placing pressure on Mr Heenan. He said he had not interfered with either horse.
Mr Clarke added he did not believe Mr Heenan was making progress at the time. He was not actually making up a lot of ground. He was not rushing up otherwise there would have been no gap. Mr Clarke was reminded that there had been a change to the pushout Rule in this regard. Mr Clarke reiterated he had had the opportunity to take the gap.
Mr Munro responded that both Mr Heenan and Mr Telfer had had to take hold when Mr Clarke came out. He agreed with Mr Clarke that Mr Telfer was hanging in but reiterated both he and Mr Heenan had been forced to race wider on the track.
Mr Clarke commented that he believed Mr Heenan took hold because Mr Telfer was running in.
Reasons for Decision:
The Committee viewed three angles of the incident: head-on, side-on and the view from the back straight camera. The head-on gave some credence to Mr Clarke’s view that there was sufficient room for him to shift out, ie that there was a gap for him to take. However, when the head-on and the side-on videos were synchronised this demonstrated that Mr Heenan and Mr Telfer were shifted wider on the track and that the nose of Mr Heenan’s horse was in line with Mr Clarke’s sulky wheel when he shifted. The back straight view confirmed this.
Thus, the Committee is satisfied that Mr Clarke has made an outwards movement in contravention of r 869(4) and (6) in that he shifted out when the nose of Mr Heenan’s horse was in line with his sulky wheel. Both Mr Heenan and Mr Telfer were making a forward movement when the Respondent shifted out. REINDEER TROUBLE and MAJESTIC JAG were forced to race wider on the track. As a consequence, Mr Clarke was in breach of paras (b) and (c) of r 869(6) and also subs (4).
Submissions for Penalty:
Mr Munro produced Mr Clarke’s record which was clear under this Rule. He has had 639 lifetime drives, 3 this season and 3 the last. He drives principally his own horses. Mr Munro submitted that a fine of $250 was appropriate.
Mr Clarke agreed with Mr Munro that he had a good record.
Reasons for Penalty:
Mr Clarke’s record is excellent. It was a misjudgement. Mr Clarke’s defending the charge is not an aggravating factor and is understandable in the sense that had he shifted a fraction sooner he would not have been in breach of the Rule. That said, through shifting when he did, he obtained a run to which he was not entitled and the videos evidence that he would have ended up in the position in which Ms Ottley found herself and she took some time to extricate herself from behind MAINLAND PAT.
JCA Decision Fields (raw)
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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: ca2d6db9bb83e90aeed6bb36052be4c8
informantnumber: A10664
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Interference
plea: denied
penaltyrequired: 1
decisiondate: 14/02/2021
hearing_title: Oamaru HRC 10 February 2021 - R 1 - Chair, Prof G Hall
charge:
facts:
Mr Munro alleged that Mr Clarke (TUSCON SUN) shifted wider on the track near the 1200 metres forcing REINDEER TROUBLE and MAJESTIC JAG wider on the track.
Rule 869(4) states:
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.
While r 869(6) 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.
appealdecision:
isappeal:
submissionsfordecision:
Mr Renault demonstrated on the videos that Mr Clarke was in the trail at the winning post with a lap to race when the leading horse MAINLAND PAT started to tire quickly. Mr Clarke shifted wider on the track in order to get to the outside of MAINLAND PAT and thus avoid being held up by the tiring runner. He alleged that when Mr Clarke shifted, Mr Heenan was to his outside and he was shifted wider on the track, as was Mr Telfer who was racing 3-wide to the outside of Mr Heenan. Ms Ottley, who ended up with the run behind MAINLAND PAT that the Respondent otherwise would have had, got carted back through the field as MAINLAND PAT retreated.
Mr Munro also showed the back straight video when the Committee asked for other angles. He said this confirmed that Mr Heenan was up outside Mr Clarke’s cart when Mr Clarke shifted.
Mr Clarke said the leading horse was hanging and tiring. He believed there was a gap for him to improve into. He had “a window of opportunity” and took it. He said the head-on video showed this. He did not agree that the other two angles clearly showed that Mr Heenan was up outside his wheel. He added that Mr Telfer’s horse was pacing roughly, and he believed it was that horse that was placing pressure on Mr Heenan. He said he had not interfered with either horse.
Mr Clarke added he did not believe Mr Heenan was making progress at the time. He was not actually making up a lot of ground. He was not rushing up otherwise there would have been no gap. Mr Clarke was reminded that there had been a change to the pushout Rule in this regard. Mr Clarke reiterated he had had the opportunity to take the gap.
Mr Munro responded that both Mr Heenan and Mr Telfer had had to take hold when Mr Clarke came out. He agreed with Mr Clarke that Mr Telfer was hanging in but reiterated both he and Mr Heenan had been forced to race wider on the track.
Mr Clarke commented that he believed Mr Heenan took hold because Mr Telfer was running in.
reasonsfordecision:
The Committee viewed three angles of the incident: head-on, side-on and the view from the back straight camera. The head-on gave some credence to Mr Clarke’s view that there was sufficient room for him to shift out, ie that there was a gap for him to take. However, when the head-on and the side-on videos were synchronised this demonstrated that Mr Heenan and Mr Telfer were shifted wider on the track and that the nose of Mr Heenan’s horse was in line with Mr Clarke’s sulky wheel when he shifted. The back straight view confirmed this.
Thus, the Committee is satisfied that Mr Clarke has made an outwards movement in contravention of r 869(4) and (6) in that he shifted out when the nose of Mr Heenan’s horse was in line with his sulky wheel. Both Mr Heenan and Mr Telfer were making a forward movement when the Respondent shifted out. REINDEER TROUBLE and MAJESTIC JAG were forced to race wider on the track. As a consequence, Mr Clarke was in breach of paras (b) and (c) of r 869(6) and also subs (4).
Decision:
The charge is proved.
sumissionsforpenalty:
Mr Munro produced Mr Clarke’s record which was clear under this Rule. He has had 639 lifetime drives, 3 this season and 3 the last. He drives principally his own horses. Mr Munro submitted that a fine of $250 was appropriate.
Mr Clarke agreed with Mr Munro that he had a good record.
reasonsforpenalty:
Mr Clarke’s record is excellent. It was a misjudgement. Mr Clarke’s defending the charge is not an aggravating factor and is understandable in the sense that had he shifted a fraction sooner he would not have been in breach of the Rule. That said, through shifting when he did, he obtained a run to which he was not entitled and the videos evidence that he would have ended up in the position in which Ms Ottley found herself and she took some time to extricate herself from behind MAINLAND PAT.
penalty:
The starting point in the Penalty Guide is a $250 fine. Balancing these matters, Mr Clarke is fined the sum of $225.
hearing_type: Hearing
Rules: 869(4)(6)(b),(c)
Informant: Mr V Munro - Stipendiary Steward
JockeysandTrainer: Mr S Clarke - Open Driver
Otherperson: Mr S Renault - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
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meetdate: 10/02/2021
meet_title: Oamaru HRC - 10 February 2021
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name: Oamaru HRC