Geraldine TC 28 November 2020 – R 10 – Chair, Mr D Anderson
ID: JCA17261
Meet Title:
Geraldine TC - 28 November 2020
Meet Chair:
DAnderson
Race Date:
2020/11/28
Race Number:
R 10
Decision:
The charge was dismissed.
Facts:
Following the running of Race 10 an Information was filed by Stipendiary Steward Mr P Williams alleging a breach of Rule 869 (4)(6)(b)(c) by Open Driver Mr J Hay. The Information stated that “Driver J Hay (YOSSI) shifted outwards near the 1650 metres forcing KRUIZR wider on the track.”
Mr Hay had signed the Information stating he did not admit the breach. When asked by the Committee he confirmed he had a clear understanding of the rule.
Rule 869(4)(6)(b)(c) reads 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 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 Williams with the assistance of Mr Renault used the race video to identify Mr Hay racing 4 back and 2 out racing up to the first bend approximately 200 metres after the start. Mr Williams pointed to Mr Orange (A TASTE OF HONEY) move out 3 wide to follow Ms Herbert (BLUE CHIP DELIGHT) and then move out further to be 4 wide with Mr Hay following. Mr Williams stated at this point Mr Hay shouldn’t have followed Mr Orange out 4 wide as he was not clear of Mr Curtin (KRUIZR) who was to his outside and forced to race wider on the track.
Mr Hay used the video to explain that when he shifted 4 wide to remain on Mr Orange's back Mr Curtin was 5 wide and that he had simply beaten Mr Curtin to the position on Mr Orange's back. He said Mr Curtin was 5 wide when he shifted out and was still 5 wide when the manoeuvre was completed.
He called Mr Curtin as his witness who confirmed that he had been beaten to the position behind Mr Orange, fair and square, by Mr Hay and it had made no difference to his horse's chances.
Mr Hay summed up stating it was a difficult first bend as there were horses and gaps everywhere plus general tightening as per normal.
Mr Renault summing up, questioned Mr Curtin and Mr Hay on their various positions as he ran through the films again and reaffirmed the position of the Stewards that Mr Curtin was entitled to have raced the first bend on Mr Orange’s back not Mr Hay.
Reasons for Decision:
The Committee carefully considered all the evidence and viewed all films many times.
We agree with Mr Hay that his initial shift to a 4 wide position had not altered Mr Curtin’s position on the track.
The Committee observed soon after this manoeuvre Mr Hay shifted inwards slightly, straightened and then shifted in again to be the only horse in the 3-wide line. This allowed Mr Curtin to move inwards to find the back of Mr Orange 4 wide. At the same juncture, Ms Herbert has shifted inwards to be 2 wide.
The Committee’s opinion is at this point Mr Hay had two options, move in another position to follow Ms Herbert or hold his line 3 wide. Mr Hay chose to hold his ground 3 wide and as Ms Ottley and Mr Orange shifted down from 4 wide to 3 wide directly in front of Mr Hay, he finds himself once again on Mr Orange’s back.
The Committee considers the inconvenience to Mr Curtin and his horse, a normal racing incident, rather than a breach of the pushout rule by Mr Hay.
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: f1c447c904d9e1eca8d6e6639f86ad48
informantnumber: A13614
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of Rule 869(4)(6)(b)(c) - push out rule
plea: denied
penaltyrequired: 0
decisiondate: 30/11/2020
hearing_title: Geraldine TC 28 November 2020 - R 10 - Chair, Mr D Anderson
charge:
facts:
Following the running of Race 10 an Information was filed by Stipendiary Steward Mr P Williams alleging a breach of Rule 869 (4)(6)(b)(c) by Open Driver Mr J Hay. The Information stated that “Driver J Hay (YOSSI) shifted outwards near the 1650 metres forcing KRUIZR wider on the track.”
Mr Hay had signed the Information stating he did not admit the breach. When asked by the Committee he confirmed he had a clear understanding of the rule.
Rule 869(4)(6)(b)(c) reads 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 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 Williams with the assistance of Mr Renault used the race video to identify Mr Hay racing 4 back and 2 out racing up to the first bend approximately 200 metres after the start. Mr Williams pointed to Mr Orange (A TASTE OF HONEY) move out 3 wide to follow Ms Herbert (BLUE CHIP DELIGHT) and then move out further to be 4 wide with Mr Hay following. Mr Williams stated at this point Mr Hay shouldn’t have followed Mr Orange out 4 wide as he was not clear of Mr Curtin (KRUIZR) who was to his outside and forced to race wider on the track.
Mr Hay used the video to explain that when he shifted 4 wide to remain on Mr Orange's back Mr Curtin was 5 wide and that he had simply beaten Mr Curtin to the position on Mr Orange's back. He said Mr Curtin was 5 wide when he shifted out and was still 5 wide when the manoeuvre was completed.
He called Mr Curtin as his witness who confirmed that he had been beaten to the position behind Mr Orange, fair and square, by Mr Hay and it had made no difference to his horse's chances.
Mr Hay summed up stating it was a difficult first bend as there were horses and gaps everywhere plus general tightening as per normal.
Mr Renault summing up, questioned Mr Curtin and Mr Hay on their various positions as he ran through the films again and reaffirmed the position of the Stewards that Mr Curtin was entitled to have raced the first bend on Mr Orange’s back not Mr Hay.
reasonsfordecision:
The Committee carefully considered all the evidence and viewed all films many times.
We agree with Mr Hay that his initial shift to a 4 wide position had not altered Mr Curtin’s position on the track.
The Committee observed soon after this manoeuvre Mr Hay shifted inwards slightly, straightened and then shifted in again to be the only horse in the 3-wide line. This allowed Mr Curtin to move inwards to find the back of Mr Orange 4 wide. At the same juncture, Ms Herbert has shifted inwards to be 2 wide.
The Committee’s opinion is at this point Mr Hay had two options, move in another position to follow Ms Herbert or hold his line 3 wide. Mr Hay chose to hold his ground 3 wide and as Ms Ottley and Mr Orange shifted down from 4 wide to 3 wide directly in front of Mr Hay, he finds himself once again on Mr Orange’s back.
The Committee considers the inconvenience to Mr Curtin and his horse, a normal racing incident, rather than a breach of the pushout rule by Mr Hay.
Decision:
The charge was dismissed.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Hearing
Rules: 869(4)(6)(b)(c)
Informant: Mr P Williams - Stipendiary Steward
JockeysandTrainer: Mr J Hay - Open Driver
Otherperson: Mr J Curtin - Open Driver, Mr S Renault - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 386ff4e132be82ee7fc9d02878091c5b
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 10
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: c7325340c22283a083106f3f0adf84bc
meet_expapproval:
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waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 28/11/2020
meet_title: Geraldine TC - 28 November 2020
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: geraldine-tc
meet_racingtype: harness-racing
meet_chair: DAnderson
meet_pm1: none
meet_pm2: none
name: Geraldine TC