NZ Metro TC 22 June 2012 – R 10
ID: JCA18206
Meet Title:
NZ Metro TC - 22 June 2012
Meet Chair:
RMcKenzie
Meet Committee Member 1:
KHales
Race Date:
2012/06/22
Race Number:
R10
Decision:
Mr Kay having admitted the breach, the charge was found proved.
Penalty:
Mr Kay’s Open Horseman’s licence is to be suspended for a period commencing after 22 June 2012, up to and including Sunday, 1 July 2012 – effectively, 2 days.
Charge:
Breach of the push-out Rule.
Facts:
Following the running of Race 10, Storer Motors Mobile Pace, an information was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Open Horseman, Mr P A Kay, alleging a breach of Rule 869 (6) (b) & (c) in that Mr Kay, as the driver of RAJA BROMAC in the race, he “shifted his horse wider on the track at the 1500 metres which caused ELEGANT LUSTRE (M P Jones) which was racing to his outside wider on the track”.
Mr Kay was present at the hearing of the information and he indicated that he admitted the breach.
Rule 869 provides as follows:
(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 McIntyre submitted that this was a clear breach of the push-out Rule. Mr McIntyre showed a video replay of the incident with approximately 1500 metres to run. He pointed out Mr Kay, driving RAJA BROMAC, racing in the one-out, one-back position at that point. Mr Jones, driving ELEGANT LUSTRE, had elected to improve 3-wide in an attempt to move forward. When he was outside Mr Kay’s wheel, Mr Kay came out and, in doing so, forced ELEGANT LUSTRE to race 4-wide for some distance until that horse took up the parked position outside the leader with approximately 1200 metres to run.
Mr Kay explained that he had made a split-second decision to come out. He acknowledged that the nose of ELEGANT LUSTRE was outside his wheel though not “clearly outside” him. He said that he thought he had plenty of time and room to come out. He had misjudged the situation.
Submissions for Penalty:
Mr McIntyre told the Committee that Mr Kay has had 7 drives in the current season. In the 2010/2011 season, he had 3 drives. He had not previously breached the push-out Rule. Mr McIntyre submitted that the usual fine for a breach of the Rule is $200 but he invited the Committee to discuss this with Mr Kay.
Mr Kay stated that he would prefer a fine to a suspension. He was a superannuitant and had a part-time job. He raced his own horses, he said. He has two horses racing at the present time, he said, and was intending taking them to race at Forbury Park on 29 June next and to Rangiora on 1 July.
Mr McIntyre told the Committee that the next meeting was at Addington on 6 July. The Stewards were seeking a suspension for 3 days – up to and including 6 July. Mr Kay asked the Committee to consider a 2-days’ suspension.
Reasons for Penalty:
In determining penalty, the Committee took into account Mr Kay’s admission of the breach and his previous good record.
The Committee noted that the Penalty Guide recommends a fine of $250 or 5 drives for a breach of the Rule. Mr Kay is entitled to a discount for his admission of the breach and his clear record.
On the basis of Mr Kay’s advice that he intended to race and drive two horses at each of the Forbury Park and Rangiora meetings, this amounts to 4 drives which, in the Committee’s view is the appropriate term of suspension for the present breach.
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: fa9342446735a3b606aadb0d9eb692b2
informantnumber: A5266
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 15/06/2012
hearing_title: NZ Metro TC 22 June 2012 - R 10
charge:
Breach of the push-out Rule.
facts:
Following the running of Race 10, Storer Motors Mobile Pace, an information was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Open Horseman, Mr P A Kay, alleging a breach of Rule 869 (6) (b) & (c) in that Mr Kay, as the driver of RAJA BROMAC in the race, he “shifted his horse wider on the track at the 1500 metres which caused ELEGANT LUSTRE (M P Jones) which was racing to his outside wider on the track”.
Mr Kay was present at the hearing of the information and he indicated that he admitted the breach.
Rule 869 provides as follows:
(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 McIntyre submitted that this was a clear breach of the push-out Rule. Mr McIntyre showed a video replay of the incident with approximately 1500 metres to run. He pointed out Mr Kay, driving RAJA BROMAC, racing in the one-out, one-back position at that point. Mr Jones, driving ELEGANT LUSTRE, had elected to improve 3-wide in an attempt to move forward. When he was outside Mr Kay’s wheel, Mr Kay came out and, in doing so, forced ELEGANT LUSTRE to race 4-wide for some distance until that horse took up the parked position outside the leader with approximately 1200 metres to run.
Mr Kay explained that he had made a split-second decision to come out. He acknowledged that the nose of ELEGANT LUSTRE was outside his wheel though not “clearly outside” him. He said that he thought he had plenty of time and room to come out. He had misjudged the situation.
reasonsfordecision:
Decision:
Mr Kay having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr McIntyre told the Committee that Mr Kay has had 7 drives in the current season. In the 2010/2011 season, he had 3 drives. He had not previously breached the push-out Rule. Mr McIntyre submitted that the usual fine for a breach of the Rule is $200 but he invited the Committee to discuss this with Mr Kay.
Mr Kay stated that he would prefer a fine to a suspension. He was a superannuitant and had a part-time job. He raced his own horses, he said. He has two horses racing at the present time, he said, and was intending taking them to race at Forbury Park on 29 June next and to Rangiora on 1 July.
Mr McIntyre told the Committee that the next meeting was at Addington on 6 July. The Stewards were seeking a suspension for 3 days – up to and including 6 July. Mr Kay asked the Committee to consider a 2-days’ suspension.
reasonsforpenalty:
In determining penalty, the Committee took into account Mr Kay’s admission of the breach and his previous good record.
The Committee noted that the Penalty Guide recommends a fine of $250 or 5 drives for a breach of the Rule. Mr Kay is entitled to a discount for his admission of the breach and his clear record.
On the basis of Mr Kay’s advice that he intended to race and drive two horses at each of the Forbury Park and Rangiora meetings, this amounts to 4 drives which, in the Committee’s view is the appropriate term of suspension for the present breach.
penalty:
Mr Kay’s Open Horseman’s licence is to be suspended for a period commencing after 22 June 2012, up to and including Sunday, 1 July 2012 – effectively, 2 days.
hearing_type: Hearing
Rules: 869(6)(b)&(c)
Informant: N G McIntyre, Stipendiary Steward
JockeysandTrainer: P A Kay, Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 0cd5c7a960a40d0ce2074d7b6d924d44
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: 6ad004c214132e659997775b2a52b473
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 22/06/2012
meet_title: NZ Metro TC - 22 June 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: KHales
meet_pm2: none
name: NZ Metro TC