Archive Decision

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Reefton TC 8 March 2020 – R 10 – Chair, Mr R McKenzie

ID: JCA17578

Applicant:
R A Quirk, Stipendiary Steward

Respondent(s):
J C Hay, Licensed Open Driver

Other Person:
Mr S Renault - Stipendiary Steward

Information Number:
A10780

Hearing Type:
Hearing

New Charge:
Breach of Pushout Rule

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

Plea:
admitted

Meet Title:
Reefton TC - 8 March 2020

Meet Chair:
RMcKenzie

Meet Committee Member 1:
DAnderson

Race Date:
2020/03/08

Race Number:
R10

Decision:

Mr Hay having admitted the charge, the charge is found proved.

Penalty:

Mr Hay is fined the sum of $200.

Facts:

Following the running of Race 10, Buccleugh’s Inangahua – Grey Valley Handicap Pace, an information was filed by Stipendiary Steward, Mr R A Quirk, against Licensed Open Driver, Mr J C Hay, alleging that Mr Hay, as the driver of NORMAN RICHARDS in the race, “shifted ground near the 1400 metres forcing PAY ME VISA (M J Anderson) and ANNAMAJOR (T M Williams) wider on the track”.

Mr Hay had signed the Statement by the Respondent on the information form indicating that he admitted the charge. He confirmed this at the hearing, at which he was present.

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.

Mr Quirk had Stipendiary Steward, Mr S P Renault, show video replays of the incident with approximately 1400 metres to run. He pointed out NORMAN RICHARDS, driven by Mr Hay, racing five places back on the markers as the field approached the turn into the straight. Racing on his outside and in the “parked” position was PAY ME VISA (M J Anderson). ANAMAJOR (T M Williams) was improving quickly around the outside of PAY ME VISA.

Shortly thereafter, Mr Hay shifted out from the pylons and, in doing so, forced PAY ME VISA to race 3-wide and ANAMAJOR 4-wide for a short distance. When Mr Hay does shift out, he had PAY ME VISA to his outside and was not entitled to and, therefore, he had breached the pushout rule, Mr Renault said.

Mr Hay suggested that Mr Anderson had never really got 3-wide but had been pushed out, maybe, a half-width. He accepted that he had breached the rule. 

Submissions for Penalty:

Mr Quirk told the Committee that Mr Hay is a busy driver, having had 53 drives this season with no previous breach of the rule on his record. In the circumstances, Stewards were submitting that a fine of $200 was appropriate.

Mr Hay submitted that he would like the Committee to consider a smaller fine. 

Reasons for Penalty:

The Penalty Guide prescribes a starting point of a 5-drives suspension or a $250 fine for a breach of the rule. A suspension is not called for. There are no aggravating factors but mitigating factors are Mr Hay’s good record and his admission of the breach. A discount of $50 for a combination of these factors is appropriate.

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: f49e0b6d4a403e19d884e9e5fe061eaf


informantnumber: A10780


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Breach of Pushout Rule


plea: admitted


penaltyrequired: 1


decisiondate: 13/03/2020


hearing_title: Reefton TC 8 March 2020 - R 10 - Chair, Mr R McKenzie


charge:


facts:

Following the running of Race 10, Buccleugh’s Inangahua – Grey Valley Handicap Pace, an information was filed by Stipendiary Steward, Mr R A Quirk, against Licensed Open Driver, Mr J C Hay, alleging that Mr Hay, as the driver of NORMAN RICHARDS in the race, “shifted ground near the 1400 metres forcing PAY ME VISA (M J Anderson) and ANNAMAJOR (T M Williams) wider on the track”.

Mr Hay had signed the Statement by the Respondent on the information form indicating that he admitted the charge. He confirmed this at the hearing, at which he was present.

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.

Mr Quirk had Stipendiary Steward, Mr S P Renault, show video replays of the incident with approximately 1400 metres to run. He pointed out NORMAN RICHARDS, driven by Mr Hay, racing five places back on the markers as the field approached the turn into the straight. Racing on his outside and in the “parked” position was PAY ME VISA (M J Anderson). ANAMAJOR (T M Williams) was improving quickly around the outside of PAY ME VISA.

Shortly thereafter, Mr Hay shifted out from the pylons and, in doing so, forced PAY ME VISA to race 3-wide and ANAMAJOR 4-wide for a short distance. When Mr Hay does shift out, he had PAY ME VISA to his outside and was not entitled to and, therefore, he had breached the pushout rule, Mr Renault said.

Mr Hay suggested that Mr Anderson had never really got 3-wide but had been pushed out, maybe, a half-width. He accepted that he had breached the rule. 


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr Hay having admitted the charge, the charge is found proved.


sumissionsforpenalty:

Mr Quirk told the Committee that Mr Hay is a busy driver, having had 53 drives this season with no previous breach of the rule on his record. In the circumstances, Stewards were submitting that a fine of $200 was appropriate.

Mr Hay submitted that he would like the Committee to consider a smaller fine. 


reasonsforpenalty:

The Penalty Guide prescribes a starting point of a 5-drives suspension or a $250 fine for a breach of the rule. A suspension is not called for. There are no aggravating factors but mitigating factors are Mr Hay’s good record and his admission of the breach. A discount of $50 for a combination of these factors is appropriate.


penalty:

Mr Hay is fined the sum of $200.


hearing_type: Hearing


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


Informant: R A Quirk, Stipendiary Steward


JockeysandTrainer: J C Hay, Licensed Open Driver


Otherperson: Mr S Renault - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: c810a05791819fcd041ebec8c0d08845


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R10


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 8229fd1ea3ecbe9cfb41f75737002030


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 08/03/2020


meet_title: Reefton TC - 8 March 2020


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: reefton-tc


meet_racingtype: harness-racing


meet_chair: RMcKenzie


meet_pm1: DAnderson


meet_pm2: none


name: Reefton TC