Auckland TC 18 January 2019 – R 9 – Chair, Mr A Smith
ID: JCA18104
Meet Title:
Auckland TC - 18 January 2019
Meet Chair:
ASmith
Meet Committee Member 1:
GJones
Race Date:
2019/01/18
Race Number:
R9
Decision:
As Mr Whittaker admitted the breach, the charge was found to be proved.
Penalty:
Accordingly, Mr Whittaker was fined the sum of $200.
Facts:
This charge arises from the running of Race 9, The Mr Chips Mobile Pace 2700m. An Information was filed by Senior Stipendiary Steward, Mr J Muirhead against Junior Driver, L Whittaker, alleging a breach of Rule 869(4)(6)(b)(c); specifically the particulars of the charge were that L Whittaker followed JACK TAR (D.Ferguson) out from the marker line near the 2100 metres & forced SPIRIT OF ANZAC (S Iremonger) to race wider on the track.
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 making a forward movement during and 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 Whittaker endorsed the information indicating that he admitted the breach, he did not wish to be present at the hearing, and Mr Phelan was to represent Mr Whittaker in his absence.
Mr Muirhead explained that Mr Whittaker had to take horses home and could not be present at the hearing so Mr Phelan was to represent him.
Mr Muirhead demonstrated the incident utilising the available films. He identified at approximately the 2200m JACK TAR (D Ferguson) racing on the marker line with MACHBRAD (L Whittaker) immediately behind him and SPIRIT OF ANZAC (S Iremonger) improving from back in the field in a 2 wide position. Mr Muirhead submitted that as SPIRIT OF ANZAC improved to the outside of MACHBRAD’s wheel Mr Whittaker followed JACK TAR out, who had moved into a 2 wide position and in doing so “forced” SPIRIT OF ANZAC into a 3 wide position.
When invited to comment on the incident Mr Phelan said he had nothing to add aside from the fact that Mr Whittaker had admitted the breach.
Submissions for Penalty:
Mr Muirhead informed the Committee that Mr Whittaker has a clear record under the relevant rule. He said that Mr Whittaker was a Junior Driver, still learning and had made a mistake. Mr Muirhead said Mr Whittaker should be given credit for his admission of the breach and that the incident was a low – mid level breach. Mr Muirhead said that similar offences would generally result in a fine of approximately $200.
Mr Phelan agreed with Mr Muirhead’s submission’s on penalty and had nothing further to add.
Reasons for Penalty:
The Committee gave careful consideration to the various submissions. The JCA Penalty Guide starting point for a first offence is a $250 fine or a 5 drive suspension.
When reviewing the films it was clear to the Committee that Mr Whittaker shifted his drive MACHBRAD outwards into a 2 wide position after SPIRIT OF ANZAC had established itself to the outside of MACHBRAD’s sulky. This manoeuvre forced SPIRIT OF ANZAC to race 3 wide and constituted a breach of the push out rule.
The were no aggravating factors
The mitigating factors were Mr Whittaker’s admission of the breach and his clear record.
The Committee determined that an appropriate penalty would be $200.
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: ef1bb577731d6f2a830a87cc9e3136e1
informantnumber: A10715
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Interference
plea: admitted
penaltyrequired: 1
decisiondate: 20/01/2019
hearing_title: Auckland TC 18 January 2019 - R 9 - Chair, Mr A Smith
charge:
facts:
This charge arises from the running of Race 9, The Mr Chips Mobile Pace 2700m. An Information was filed by Senior Stipendiary Steward, Mr J Muirhead against Junior Driver, L Whittaker, alleging a breach of Rule 869(4)(6)(b)(c); specifically the particulars of the charge were that L Whittaker followed JACK TAR (D.Ferguson) out from the marker line near the 2100 metres & forced SPIRIT OF ANZAC (S Iremonger) to race wider on the track.
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 making a forward movement during and 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 Whittaker endorsed the information indicating that he admitted the breach, he did not wish to be present at the hearing, and Mr Phelan was to represent Mr Whittaker in his absence.
Mr Muirhead explained that Mr Whittaker had to take horses home and could not be present at the hearing so Mr Phelan was to represent him.
Mr Muirhead demonstrated the incident utilising the available films. He identified at approximately the 2200m JACK TAR (D Ferguson) racing on the marker line with MACHBRAD (L Whittaker) immediately behind him and SPIRIT OF ANZAC (S Iremonger) improving from back in the field in a 2 wide position. Mr Muirhead submitted that as SPIRIT OF ANZAC improved to the outside of MACHBRAD’s wheel Mr Whittaker followed JACK TAR out, who had moved into a 2 wide position and in doing so “forced” SPIRIT OF ANZAC into a 3 wide position.
When invited to comment on the incident Mr Phelan said he had nothing to add aside from the fact that Mr Whittaker had admitted the breach.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Whittaker admitted the breach, the charge was found to be proved.
sumissionsforpenalty:
Mr Muirhead informed the Committee that Mr Whittaker has a clear record under the relevant rule. He said that Mr Whittaker was a Junior Driver, still learning and had made a mistake. Mr Muirhead said Mr Whittaker should be given credit for his admission of the breach and that the incident was a low – mid level breach. Mr Muirhead said that similar offences would generally result in a fine of approximately $200.
Mr Phelan agreed with Mr Muirhead’s submission’s on penalty and had nothing further to add.
reasonsforpenalty:
The Committee gave careful consideration to the various submissions. The JCA Penalty Guide starting point for a first offence is a $250 fine or a 5 drive suspension.
When reviewing the films it was clear to the Committee that Mr Whittaker shifted his drive MACHBRAD outwards into a 2 wide position after SPIRIT OF ANZAC had established itself to the outside of MACHBRAD’s sulky. This manoeuvre forced SPIRIT OF ANZAC to race 3 wide and constituted a breach of the push out rule.
The were no aggravating factors
The mitigating factors were Mr Whittaker’s admission of the breach and his clear record.
The Committee determined that an appropriate penalty would be $200.
penalty:
Accordingly, Mr Whittaker was fined the sum of $200.
hearing_type: Hearing
Rules: 869(4)(6)(b)(c)
Informant: Mr J Muirhead - Senior Stipendiary Steward
JockeysandTrainer: Mr L Whittaker - Junior Driver
Otherperson: Mr S Phelan - Senior Driver assisting Mr Whittaker, Mr S Mulcay - Senior Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: c4fe5e99b12bb5190dbc82d3396e2338
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 078c09ab29dfc44f46963295ca17897c
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 18/01/2019
meet_title: Auckland TC - 18 January 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: ASmith
meet_pm1: GJones
meet_pm2: none
name: Auckland TC