Winton HRC 29 December 2013 – R 5
ID: JCA17270
Meet Title:
Winton HRC - 29 December 2013
Meet Chair:
GHall
Meet Committee Member 1:
NSkelt
Race Date:
2013/12/29
Race Number:
R 5
Decision:
Mr Swain is in breach of r 869(4)(6)(b) and (c).
Penalty:
Mr Swain is fined the sum of $175.
Facts:
Mr Renault, Stipendiary Steward, alleged that Mr R Swain (HERETIC FRANCO) shifted wider on the track prior to 1000 metres forcing KATE JACKSON (Mr N Williamson) wider on the track.
Rule 869 states:
(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 Renault demonstrated on three video angles that just prior to the 1000 metre mark, Mr Williamson made a move three wide from the rear of the field. Mr Swain, who was racing two wide, following Mr McLellan (MAN TO MAN), moved three wide, effectively pushing Mr Williamson four wide. He alleged that this move was in breach of r 869(4), (6)(b) and (c) in that the head of Mr Williamson’s horse was ahead of the sulky wheel of Mr Swain at the time. Mr Williamson took hold of his horse and went back to last. Mr McLellan continued his move three wide and ended up sitting outside the leader. Mr Swain did not follow Mr McLellan but sat three wide with cover. The two horses HERETIC FRANCO and KATE JACKSON finished 7th and 8th respectively.
Mr Williamson said he was half a length behind Mr McLellan and, at the time he was pushed out, he was outside the cart of Mr Swain. He said when the incident occurred he believed he had been pushed out. He said the incident occurred about 10 metres before the 1000 metres and agreed he was out four wide by the 1000 metres mark.
When questioned by Mr Swain, Mr Williamson confirmed he was pushed out just before the 1000 metres. He said there had been contact between the carts. He said that ironically he believed he had received a better run as a consequence of being forced four wide briefly and then having to restrain his horse. He said it was only a split second too soon that the respondent would have come out.
Mr Swain stated that he believed that once he got out it was after the 1000 metres. He added that Mr Williamson had pulled back and had said he was happy to do so. He said he knew the 1000 metres was coming up and it was a split second decision to come out. He said the push out had occurred right on the 1000 metres mark, that it was “touch and go” and was simply a question of timing.
Reasons for Decision:
We agree with Mr Swain’s submission that it was a question of timing. Unfortunately, the push out occurs before the 1000 mark. After carefully viewing the various video angles, we would assess Mr Williamson to have been shifted wider on the track with just under 1050 metres to race. The nose of Mr Williamson’s horse is outside the cart of Mr Swain when Mr Swain commences to come out.
Submissions for Penalty:
Mr Renault produced Mr Swain’s record, which was clear for this season and last. Mr Swain has had 4500 lifetime drives, with 63 this season and 181 last. Mr Renault described the breach as being at the bottom end of the scale and submitted a starting point of $250 was appropriate.
Reasons for Penalty:
We agree the breach is at the lower end of the scale. Mr Swain has simply erred in pushing Mr Williamson wider on the track only marginally before the 1000 metres. Mr Williamson was only four wide for a few strides and he has said he believed he received a better run as a consequence of his having to ease his horse back. We give a $50 reduction for this factor and another $25 to recognise Mr Swain’s excellent record.
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: f262fe422612cd1394c477a6e1ac90a3
informantnumber: A6453
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Interference
plea: denied
penaltyrequired: 1
decisiondate: 17/12/2013
hearing_title: Winton HRC 29 December 2013 - R 5
charge:
facts:
Mr Renault, Stipendiary Steward, alleged that Mr R Swain (HERETIC FRANCO) shifted wider on the track prior to 1000 metres forcing KATE JACKSON (Mr N Williamson) wider on the track.
Rule 869 states:
(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 Renault demonstrated on three video angles that just prior to the 1000 metre mark, Mr Williamson made a move three wide from the rear of the field. Mr Swain, who was racing two wide, following Mr McLellan (MAN TO MAN), moved three wide, effectively pushing Mr Williamson four wide. He alleged that this move was in breach of r 869(4), (6)(b) and (c) in that the head of Mr Williamson’s horse was ahead of the sulky wheel of Mr Swain at the time. Mr Williamson took hold of his horse and went back to last. Mr McLellan continued his move three wide and ended up sitting outside the leader. Mr Swain did not follow Mr McLellan but sat three wide with cover. The two horses HERETIC FRANCO and KATE JACKSON finished 7th and 8th respectively.
Mr Williamson said he was half a length behind Mr McLellan and, at the time he was pushed out, he was outside the cart of Mr Swain. He said when the incident occurred he believed he had been pushed out. He said the incident occurred about 10 metres before the 1000 metres and agreed he was out four wide by the 1000 metres mark.
When questioned by Mr Swain, Mr Williamson confirmed he was pushed out just before the 1000 metres. He said there had been contact between the carts. He said that ironically he believed he had received a better run as a consequence of being forced four wide briefly and then having to restrain his horse. He said it was only a split second too soon that the respondent would have come out.
Mr Swain stated that he believed that once he got out it was after the 1000 metres. He added that Mr Williamson had pulled back and had said he was happy to do so. He said he knew the 1000 metres was coming up and it was a split second decision to come out. He said the push out had occurred right on the 1000 metres mark, that it was “touch and go” and was simply a question of timing.
reasonsfordecision:
We agree with Mr Swain’s submission that it was a question of timing. Unfortunately, the push out occurs before the 1000 mark. After carefully viewing the various video angles, we would assess Mr Williamson to have been shifted wider on the track with just under 1050 metres to race. The nose of Mr Williamson’s horse is outside the cart of Mr Swain when Mr Swain commences to come out.
Decision:
Mr Swain is in breach of r 869(4)(6)(b) and (c).
sumissionsforpenalty:
Mr Renault produced Mr Swain’s record, which was clear for this season and last. Mr Swain has had 4500 lifetime drives, with 63 this season and 181 last. Mr Renault described the breach as being at the bottom end of the scale and submitted a starting point of $250 was appropriate.
reasonsforpenalty:
We agree the breach is at the lower end of the scale. Mr Swain has simply erred in pushing Mr Williamson wider on the track only marginally before the 1000 metres. Mr Williamson was only four wide for a few strides and he has said he believed he received a better run as a consequence of his having to ease his horse back. We give a $50 reduction for this factor and another $25 to recognise Mr Swain’s excellent record.
penalty:
Mr Swain is fined the sum of $175.
hearing_type: Hearing
Rules: 869(4)(6)(b) and (c)
Informant: Mr S Renault - Stipendiary Steward
JockeysandTrainer: Mr R Swain - Driver of HERETIC FRANCO
Otherperson: Mr N Williamson - Driver of KATE JACKSON
PersonPresent:
Respondent:
StipendSteward:
raceid: c1877ac7490cdc0343439cbceb6aea86
race_expapproval:
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race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
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meetid: 67ad6ffcbb23d4474c494a4608874cf4
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meetdate: 29/12/2013
meet_title: Winton HRC - 29 December 2013
meet_expappcomment:
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meet_otherexp:
tracklocation: winton-hrc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: NSkelt
meet_pm2: none
name: Winton HRC