Rangiora HRC 11 August 2019 – R 9 (heard 16 August 2019 at Addington) – Chair, Mr R G McKenzie

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startdate: 11/08/2019

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hearing_title: Rangiora HRC 11 August 2019 - R 9 (heard 16 August 2019 at Addington) - Chair, Mr R G McKenzie

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RACEDAY JUDICIAL COMMITTEE DECISION

Informant: C M Tibbs, Stipendiary Steward

Respondent: M J Anderson, Licensed Open Driver

Information No: A11221

Meeting: Rangiora Harness Racing Club

Date: 11 August 2019

Venue: Rangiora Raceway, Rangiora

Race: 9

Rule No: 869 (4) & (6) (b) & (c)

Judicial Committee: R G McKenzie, Chairman – D J Anderson, Panellist

FACTS:

Following the running of Race 9, R J Dunn Plough Hotel Trainer of the Year Mobile Pace, an information was filed by Stipendiary Steward, Mrs C M Tibbs, against Licensed Open Driver, Mr M J Anderson alleging that, as the driver of POCKET WATCH in the race, he “shifted his gelding out near the 1100 metres and forced MRS WASHINGTON (R T May) to race wider on the track” – a breach of the pushout rule.

The hearing of the information was opened and adjourned at the race meeting, Mr Anderson having left the course.

The information was served on Mr Anderson at the meeting of New Zealand Metropolitan TC at Addington Raceway on 16 August and was heard at that meeting. Mr Anderson had signed the Statement by the Respondent on the information form indicating that he admitted the breach and 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.

SUBMISSION(S):

Mr Renault, for Mrs Tibbs, showed to the hearing a video replay of the relevant part of the race with approximately 1200 metres to run. He pointed out Mr Anderson, driving POCKET WATCH, racing three places back in the two-wide line. Mr May, driving MRS WASHINGTON, was two places further back.

Passing the winning post with 1200 metres to run, Mr May pulled out to improve 3-wide. Shortly thereafter, as Mr May improved to the outside of POCKET WATCH, Mr Anderson made his move outwards forcing Mr May wider on the track. This was with approximately 1100 metres to run, Mr Renault said. Mr Anderson had left his move too late and Mr May had been outside his wheel, Mr Renault said. Mr Anderson was able to get around the field to race outside the leader, whereas Mr May was forced to race 3-wide, without cover, for the remainder of the race. MRS WASHINGTON finished in 3rd placing and POCKET WATCH, 5th.

It was a clear breach of the pushout rule, Mr Renault submitted.

Mr Anderson said that it was a lack of judgement at the time. He had left his move too late, he said.

DECISION:

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

PENALTY SUBMISSIONS:

Mr Renault said that Mr Anderson has an excellent record – clear under the rule in the last 12 months. He had 169 drives last season.

The Penalty Guide starting point for a breach of the rule is a $250 fine or a 5-drives suspension, Mr Renault said. Mr May, spoken to on the day, said that he believed his chances in the race had been affected, but he had ended up beating Mr Anderson home, Mr Renault said.

Stewards were submitting that an appropriate penalty would be a fine in the range of $200-250, Mr Renault said. Mr Anderson asked the Committee to take into account his admission of the breach and good record. He asked for a fine rather than a suspension.

PENALTY REASONS:

This was a very clear breach of the pushout rule. The Committee noted the starting point for penalty as suggested in the Penalty Guide of a $250 fine or a 5-drives suspension. A fine was the appropriate penalty in this case. Taking the starting point of a $250 fine, Mr Anderson is entitled to a discount, which we fix at $50, for the mitigating factors of his good record and admission of the breach. The Committee has not considered the interference to Mr May as an aggravating factor, as we noted MRS WASHINGTON finished 2½ lengths in arrears of the 2nd placed runner.

PENALTY DECISION:

Mr Anderson is fined the sum of $200.

R G McKenzie         D J Anderson

CHAIRMAN             PANELLIST

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hearing_type: Old Hearing

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

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