Archive Decision

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Amberley TC 8 February 2021 – R 1 – Chair, Mr D Anderson

ID: JCA17498

Applicant:
Mrs C Tibbs - Stipendiary Steward

Respondent(s):
Mr R Anderson - Open Driver

Information Number:
A121670

Hearing Type:
Hearing

New Charge:
Breach of Push Out Rule

Rules:
869(4)(6)(b)(c)

Plea:
admitted

Meet Title:
Amberley TC - 8 February 2021

Meet Chair:
DAnderson

Race Date:
2021/02/08

Race Number:
R 1

Decision:

Mr Anderson having admitted the breach the charge was found proved.

Penalty:

Accordingly, Mr Anderson was fined the sum of $200.

Facts:

Following the running of Race 1, an Information was filed by Stipendiary Steward, Mrs C Tibbs alleging a breach of Rule 869 (4)(6)(b)(c) by Open Driver, Mr R Anderson. The Information stated that “you shifted SILVERLININGS wider on the track prior to the 1000m".

Mr Anderson had signed the Information admitting the breach and stated at the hearing he was conversant with 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.”

Mrs Tibbs used the race video to identify Mr Anderson racing towards the back of the field, one out, at approximately the 1100m. She pointed to Mr B Hope (SILVERLININGS), who was racing outside Mr Anderson, being pushed out by Mr Anderson into the 4-wide line. She said this manoeuvre occurred approximately 50 metres before the 1000m mark and in breach of the Push Out Rule.

Mr Anderson stated he thought he had passed the 1000m marker.

Submissions for Penalty:

Mrs Tibbs said Mr Anderson has a clear record under this Rule. She referred to the JCA Penalty Guide starting point of 5 drives or a $250 fine for a breach of this Rule and submitted a fine of $200 was appropriate.

Mr Anderson made no submissions on penalty.

Reasons for Penalty:

The JCA Penalty Guide starting point for a breach of this Rule is a 5-drive suspension or a $250 fine. The Committee considered a fine appropriate in this case.

There are no aggravating factors to consider.

The mitigating factors are Mr Anderson’s clear record and admission for which we afford him a $50 discount.

The Committee therefore determined that a fine of $200 was an appropriate penalty in this case.

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: ea4f16fef7fc2946ca0c0ffa0d99c662


informantnumber: A121670


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Breach of Push Out Rule


plea: admitted


penaltyrequired: 1


decisiondate: 08/02/2021


hearing_title: Amberley TC 8 February 2021 - R 1 - Chair, Mr D Anderson


charge:


facts:

Following the running of Race 1, an Information was filed by Stipendiary Steward, Mrs C Tibbs alleging a breach of Rule 869 (4)(6)(b)(c) by Open Driver, Mr R Anderson. The Information stated that “you shifted SILVERLININGS wider on the track prior to the 1000m".

Mr Anderson had signed the Information admitting the breach and stated at the hearing he was conversant with 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.”

Mrs Tibbs used the race video to identify Mr Anderson racing towards the back of the field, one out, at approximately the 1100m. She pointed to Mr B Hope (SILVERLININGS), who was racing outside Mr Anderson, being pushed out by Mr Anderson into the 4-wide line. She said this manoeuvre occurred approximately 50 metres before the 1000m mark and in breach of the Push Out Rule.

Mr Anderson stated he thought he had passed the 1000m marker.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr Anderson having admitted the breach the charge was found proved.


sumissionsforpenalty:

Mrs Tibbs said Mr Anderson has a clear record under this Rule. She referred to the JCA Penalty Guide starting point of 5 drives or a $250 fine for a breach of this Rule and submitted a fine of $200 was appropriate.

Mr Anderson made no submissions on penalty.


reasonsforpenalty:

The JCA Penalty Guide starting point for a breach of this Rule is a 5-drive suspension or a $250 fine. The Committee considered a fine appropriate in this case.

There are no aggravating factors to consider.

The mitigating factors are Mr Anderson’s clear record and admission for which we afford him a $50 discount.

The Committee therefore determined that a fine of $200 was an appropriate penalty in this case.


penalty:

Accordingly, Mr Anderson was fined the sum of $200.


hearing_type: Hearing


Rules: 869(4)(6)(b)(c)


Informant: Mrs C Tibbs - Stipendiary Steward


JockeysandTrainer: Mr R Anderson - Open Driver


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: bbd243f96ca8d623339efc408b5f28cc


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 1


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: d18f2c91bd54dfb52597e94b790b2dbc


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 08/02/2021


meet_title: Amberley TC - 8 February 2021


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: amberley-tc


meet_racingtype: harness-racing


meet_chair: DAnderson


meet_pm1: none


meet_pm2: none


name: Amberley TC