NZ Metro TC 11 November 2011 – R 11
ID: JCA17103
Meet Title:
NZ Metro TC - 11 November 2011
Meet Chair:
RMcKenzie
Meet Committee Member 1:
JPhelan
Race Date:
2011/11/11
Race Number:
R11
Decision:
The charge was found proved.
Penalty:
Mr May was fined the sum of $250.
Charge:
Breach of the Push Out Rule.
Facts:
Following the running of Race 11, Peninsular Beachfront Resort Mooloolaba Mobile Pace, an information was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Open Driver, Mr R T May, alleging a breach of Rule 869 (4) and 869 (6) (b) & (c) in that, as the driver of TEN DIAMONDS in the race, “with approximately 1100 metres remaining he shifted his horse TEN DIAMONDS outwards when PARADISE CITY (M J Williamson) was improving on its outside and in doing so shifted the horse wider thus being in breach of the push out rule”.
Mr May was present at the hearing of the information form and he indicated that he denied the breach.
Rule 869 provides 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 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 McIntyre alleged that, as the field approached the 1100 metres, Mr May was trailing TWILIGHT RASCAL (S R McNally) in the 2-wide line. As Mr Williamson got outside of Mr May’s wheel, TEN DIAMONDS was slow to react and, as a result, Mr Williamson was left to race 4-wide when TEN DIAMONDS shifted out into the 3-wide line.
Mr Williamson said that he was going forward 3-wide, quite quickly, and Mr May had come out in front of him. He could see that the head of Mr May’s horse was round as he went forward, so he went fast to get there before Mr May came out. He believed that he had got up past Mr May’s sulky wheel before Mr May came out. Mr Williamson said that he was forced to race 4-wide.
Mr N M Ydgren, Stipendiary Steward, showed the relevant part of the race, between the 1200 and the 1000 metres, on video replays. He pointed out Mr Williamson improving 3-wide round the field on PARADISE CITY. He pointed out Mr May on TEN DIAMONDS in front of Mr Williamson, and following Mr May was MISS ELSIE (C J De Filippi). Mr Williamson got up outside the wheel of Mr May who then came out, leaving Mr Williamson 4-wide. Mr De Filippi took up the gap left by Mr May when he moved out.
Mr Williamson agreed, when questioned by Mr May, that Mr May had been attempting to come out. Mr Williamson repeated that he driven his horse up to try and get there before Mr May came out.
Mr May said that he had tried to come out before Mr Williamson got up outside his wheel but his mare did not respond quickly enough and PARADISE CITY “was coming that quick”. He had seen Mr Williamson coming and had tried to come out a long time before he came.
Mr May referred to the rear-on video replay to illustrate that he was attempting to come out before Mr Williamson got up to him. The mare was wearing a boring pole, he said. Mr Williamson had come so quickly and it had taken some 50 metres for TEN DIAMONDS to come out when he asked her to. Mr McIntyre suggested to Mr May that he should have desisted when it became apparent the horse was not responding. Mr May said that the horse was a hot favourite and he was trying his best for the public.
Reasons for Decision:
The Committee listened to the evidence and submissions of the parties and carefully viewed the video replays of the incident with approximately 1100 metres to run.
From that evidence, the Committee found that the nose of PARADISE CITY was clearly in line with or past the sulky wheel of TEN DIAMONDS and the horse was coming forward. At that point, Mr May moved TEN DIAMONDS outwards from the 2-wide to the 3-wide line and, in doing so, forced PARADISE CITY, which had been improving 3-wide, to race 4-wide.
Therefore, all of the elements necessary to establish a breach of the push-out Rule had been proved by the Stipendiary Stewards.
The matters put forward by Mr May did not amount to a defence to the charge.
We were satisfied that Mr May breached the push-out Rule and, in fact it was a clear breach in the Committee’s view.
Submissions for Penalty:
Mr McIntyre told the Committee that, in the current season to date, Mr May has had 177 drives. In the 2010/2011 season he had a total of 685 drives. He has a clear record as far as breaches of the Rule are concerned. It was an excellent record, Mr McIntyre submitted.
He submitted that a fine of $250 was the appropriate penalty.
Mr May did not wish to make any submissions in relation to penalty.
Reasons for Penalty:
In determining penalty, the Committee took into account Mr May’s excellent record. The Penalty Guide provides for a recommended starting point for a breach of the Rule as a fine of $250. The usual penalty for an admitted breach of the push-out Rule, where the driver has a good record, is a fine of $200. In the present case, Mr May was not entitled to a discount for admitting the breach. The appropriate penalty for this breach is a fine of $250.
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: cca35c2cc23dcafd4b1b173936c036d9
informantnumber: A5317
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 1
decisiondate: 14/11/2011
hearing_title: NZ Metro TC 11 November 2011 - R 11
charge:
Breach of the Push Out Rule.
facts:
Following the running of Race 11, Peninsular Beachfront Resort Mooloolaba Mobile Pace, an information was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Open Driver, Mr R T May, alleging a breach of Rule 869 (4) and 869 (6) (b) & (c) in that, as the driver of TEN DIAMONDS in the race, “with approximately 1100 metres remaining he shifted his horse TEN DIAMONDS outwards when PARADISE CITY (M J Williamson) was improving on its outside and in doing so shifted the horse wider thus being in breach of the push out rule”.
Mr May was present at the hearing of the information form and he indicated that he denied the breach.
Rule 869 provides 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 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 McIntyre alleged that, as the field approached the 1100 metres, Mr May was trailing TWILIGHT RASCAL (S R McNally) in the 2-wide line. As Mr Williamson got outside of Mr May’s wheel, TEN DIAMONDS was slow to react and, as a result, Mr Williamson was left to race 4-wide when TEN DIAMONDS shifted out into the 3-wide line.
Mr Williamson said that he was going forward 3-wide, quite quickly, and Mr May had come out in front of him. He could see that the head of Mr May’s horse was round as he went forward, so he went fast to get there before Mr May came out. He believed that he had got up past Mr May’s sulky wheel before Mr May came out. Mr Williamson said that he was forced to race 4-wide.
Mr N M Ydgren, Stipendiary Steward, showed the relevant part of the race, between the 1200 and the 1000 metres, on video replays. He pointed out Mr Williamson improving 3-wide round the field on PARADISE CITY. He pointed out Mr May on TEN DIAMONDS in front of Mr Williamson, and following Mr May was MISS ELSIE (C J De Filippi). Mr Williamson got up outside the wheel of Mr May who then came out, leaving Mr Williamson 4-wide. Mr De Filippi took up the gap left by Mr May when he moved out.
Mr Williamson agreed, when questioned by Mr May, that Mr May had been attempting to come out. Mr Williamson repeated that he driven his horse up to try and get there before Mr May came out.
Mr May said that he had tried to come out before Mr Williamson got up outside his wheel but his mare did not respond quickly enough and PARADISE CITY “was coming that quick”. He had seen Mr Williamson coming and had tried to come out a long time before he came.
Mr May referred to the rear-on video replay to illustrate that he was attempting to come out before Mr Williamson got up to him. The mare was wearing a boring pole, he said. Mr Williamson had come so quickly and it had taken some 50 metres for TEN DIAMONDS to come out when he asked her to. Mr McIntyre suggested to Mr May that he should have desisted when it became apparent the horse was not responding. Mr May said that the horse was a hot favourite and he was trying his best for the public.
reasonsfordecision:
The Committee listened to the evidence and submissions of the parties and carefully viewed the video replays of the incident with approximately 1100 metres to run.
From that evidence, the Committee found that the nose of PARADISE CITY was clearly in line with or past the sulky wheel of TEN DIAMONDS and the horse was coming forward. At that point, Mr May moved TEN DIAMONDS outwards from the 2-wide to the 3-wide line and, in doing so, forced PARADISE CITY, which had been improving 3-wide, to race 4-wide.
Therefore, all of the elements necessary to establish a breach of the push-out Rule had been proved by the Stipendiary Stewards.
The matters put forward by Mr May did not amount to a defence to the charge.
We were satisfied that Mr May breached the push-out Rule and, in fact it was a clear breach in the Committee’s view.
Decision:
The charge was found proved.
sumissionsforpenalty:
Mr McIntyre told the Committee that, in the current season to date, Mr May has had 177 drives. In the 2010/2011 season he had a total of 685 drives. He has a clear record as far as breaches of the Rule are concerned. It was an excellent record, Mr McIntyre submitted.
He submitted that a fine of $250 was the appropriate penalty.
Mr May did not wish to make any submissions in relation to penalty.
reasonsforpenalty:
In determining penalty, the Committee took into account Mr May’s excellent record. The Penalty Guide provides for a recommended starting point for a breach of the Rule as a fine of $250. The usual penalty for an admitted breach of the push-out Rule, where the driver has a good record, is a fine of $200. In the present case, Mr May was not entitled to a discount for admitting the breach. The appropriate penalty for this breach is a fine of $250.
penalty:
Mr May was fined the sum of $250.
hearing_type: Hearing
Rules: 869(4) and 869(6)(b)&(c)
Informant: Mr N G McIntyre - Stipendiary Steward
JockeysandTrainer: Mr R T May - Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: b32a30a6562b657545a1831fab1d2575
race_expapproval:
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race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R11
submittochair:
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meetid: 64aa3911fa0b68afb487951af00ee8bd
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meetdate: 11/11/2011
meet_title: NZ Metro TC - 11 November 2011
meet_expappcomment:
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tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: JPhelan
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name: NZ Metro TC