Nelson HRC – 10 January 2010 – Race 5
ID: JCA19969
Hearing Type (Code):
harness-racing
Meet Title:
Nelson HRC - 10 January 2010
Race Date:
2010/01/10
Race Number:
Race 5
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
--Information No. 68318
Meeting Nelson Harness Racing Club at Richmond Park, Nelson
Date Sunday 10 January 2010
Judicial Committee Chairman : P H M Welch Panel Member : P Williams
Race 5
Rule 869 (4)
Plea Not Admitted
Informant : Mr S P Renault, Stipendiary Steward
Defendant : Mr M Pash, Driver of BEGIN
Following the running of race 5, the More FM Discretionary Handicap Trot, an information was lodged against Mr M Pash, the driver of horse no. 5, BEGIN, alleging a breach of Rule 869 (4), in that he drove in a manner likely to cause interference when attempting to improve his horse inside THE MOMENT and PRINCESS SPANNER, when insufficient room existed.
--
RACEDAY JUDICIAL COMMITTEE DECISION
--Information No. 68318
Meeting Nelson Harness Racing Club at Richmond Park, Nelson
Date Sunday 10 January 2010
Judicial Committee Chairman : P H M Welch Panel Member : P Williams
Race 5
Rule 869 (4)
Plea Not Admitted
Informant : Mr S P Renault, Stipendiary Steward
Defendant : Mr M Pash, Driver of BEGIN
Following the running of race 5, the More FM Discretionary Handicap Trot, an information was lodged against Mr M Pash, the driver of horse no. 5, BEGIN, alleging a breach of Rule 869 (4), in that he drove in a manner likely to cause interference when attempting to improve his horse inside THE MOMENT and PRINCESS SPANNER, when insufficient room existed.
--Mr Pash denied the breach.
--In presenting his evidence, Mr Renault explained the allegation. He said that, with approximately 1700 metres to run, Mr Pash (on BEGIN) was on the inside of THE MOMENT, when he struck a pylon, causing his horse to break, and it was their assertion that he had improved on the inside of the other horses when there was insufficient room. He said that whilst there was room initially, that room closed shortly thereafter but Mr Pash continued to improve when there was no room, causing his horse to gallop.
--He then called on fellow steward, Mr Ydgren, to interpret the video of the incident and several views were shown. He pointed out Mr Pash at the back of the field, and showed the field running in two lines, and said the stewards had no issue with Mr Pash changing his line to improve on the inside.
--Shortly before the 1700 metre mark, Mr Chmiel (THE MOMENT) moved freely to the inside line behind the leading horses and he was followed by Mr McNally (EL ALAMEIN) and the trailing horses. As all the horses moved to run in single file, Mr Pash was on the inside of Mr Dunn (TOZZLES SISTER), and he would have been aware of the movement in front of him, and that any room to improve ceased to exist.
--However, Mr Pash continued to improve inside Mr Dunn, Mr McNally and, when inside Mr Chmiel, who was not required to move out, Mr Pash’s horse ran out of room, hit a pylon and galloped, and it was the stewards’ view that this occurred because Mr Pash was in a position he should not have been.
--In response, Mr Pash also referred to the video. He pointed out that, where he was shown as being inside Mr Chmiel, there was room and he had not touched a pylon at that stage, though this was disputed and shown by the stewards.
--Mr Pash said he had improved and was already on the inside for some 80 metres, and his horse hit a pylon and broke because it was hanging, not because there was insufficient room. He acknowledged that the first five horses were in line but he said the others were not directly in line and it was his view that he was already inside the gap. He reiterated that his horse started to hang and he had to take hold, and it broke because it was hanging and hit the marker.
--To the chairman, in seeking clarification of what they considered should have occurred, Mr Renault said that, with the horses following each other as they were entitled, Mr Pash should not have continued to improve on the inside. He said that, as it continued to tighten (on the bend), Mr Pash should have moved no further forward than Mr Dunn, and held his position.
--Asked by the chair if he considered that, when his horse broke and went back through the field, he had sufficient room at that time, Mr Pash told the committee that he was already in the gap and he broke because she hit the marker. Referred to the video just prior to the horse breaking, and again asked if there was room, Mr Pash acknowledged that there was not but said the horse was hanging badly.
--DECISION
Mr Pash appears on a breach of Rule 869 (4), following race 5, in that he drove in a manner likely to cause interference when attempting to improve his horse … when insufficient room existed.
The rule under which he appears reads :-
“No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or with any horse or its progress.”
Following the evidence, we find that with approximately 1700 metres to go, Mr Pash moved on the inside of horses that were racing a little wider on the track. They became in what is termed ‘single file’ – where they followed each other in a single line – and Mr Pash was on the inside toward the back.
--Mr Pash said that he had sufficient room and we acknowledge that, in the beginning, he did. But he continued to improve on the inside and, whilst he indicated his horse was hanging, we are satisfied and accept that he simply ran out of room.
--With the horses outside him moving into a single line, as they were entitled, we believe Mr Pash could have anticipated that any improvement along the inside on his part was likely to be impaired, particularly with it occurring on the bend.
--The rule refers to ‘anything which interferes, or is likely to interfere with your own horse, or any other horse …’
--At the point where this occurred, we are satisfied that the manner of driving, in improving on the inside when there was insufficient room, was such that Mr Pash was likely to interfere with – and, in fact, did interfere with – his own horse by hitting the pylon as he continued to improve, causing his horse to break.
--We find the charge proved and will take submissions on penalty.
--PENALTY
In respect to penalty, Mr Renault referred to the penalty guide. He said that, whilst there is the option of a fine and/or suspension, the interference related to Mr Pash’s own horse. He said there was a previous breach in June when he was fined $150.00 and the stewards in this instance would be seeking a fine in the order of $200.00 and $300.00.
Mr Pash himself was concerned at the level of penalty that was available. He indicated that he felt he was already in a gap on the fence and agreed that he was ‘caught between a rock and a hard place’ as the other horses moved down.
--He was reassured that the committee considered the breach at the mid to lower range and was considering the imposition of a monetary penalty rather than a suspension.
--In considering penalty, as inferred, we consider this breach at the mid to low range. Interference occurred and the only benefit we can give Mr Pash is that it was his own horse that suffered that interference. We are satisfied a fine is appropriate and Mr Pash is fined the sum of $250.00.
--
P H Welch P Williams
Chair Committee member
68318
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: 55fdfea5a5b49c44e0d9b746eee0f220
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 10/01/2010
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Nelson HRC - 10 January 2010 - Race 5
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
--Information No. 68318
Meeting Nelson Harness Racing Club at Richmond Park, Nelson
Date Sunday 10 January 2010
Judicial Committee Chairman : P H M Welch Panel Member : P Williams
Race 5
Rule 869 (4)
Plea Not Admitted
Informant : Mr S P Renault, Stipendiary Steward
Defendant : Mr M Pash, Driver of BEGIN
Following the running of race 5, the More FM Discretionary Handicap Trot, an information was lodged against Mr M Pash, the driver of horse no. 5, BEGIN, alleging a breach of Rule 869 (4), in that he drove in a manner likely to cause interference when attempting to improve his horse inside THE MOMENT and PRINCESS SPANNER, when insufficient room existed.
--
RACEDAY JUDICIAL COMMITTEE DECISION
--Information No. 68318
Meeting Nelson Harness Racing Club at Richmond Park, Nelson
Date Sunday 10 January 2010
Judicial Committee Chairman : P H M Welch Panel Member : P Williams
Race 5
Rule 869 (4)
Plea Not Admitted
Informant : Mr S P Renault, Stipendiary Steward
Defendant : Mr M Pash, Driver of BEGIN
Following the running of race 5, the More FM Discretionary Handicap Trot, an information was lodged against Mr M Pash, the driver of horse no. 5, BEGIN, alleging a breach of Rule 869 (4), in that he drove in a manner likely to cause interference when attempting to improve his horse inside THE MOMENT and PRINCESS SPANNER, when insufficient room existed.
--Mr Pash denied the breach.
--In presenting his evidence, Mr Renault explained the allegation. He said that, with approximately 1700 metres to run, Mr Pash (on BEGIN) was on the inside of THE MOMENT, when he struck a pylon, causing his horse to break, and it was their assertion that he had improved on the inside of the other horses when there was insufficient room. He said that whilst there was room initially, that room closed shortly thereafter but Mr Pash continued to improve when there was no room, causing his horse to gallop.
--He then called on fellow steward, Mr Ydgren, to interpret the video of the incident and several views were shown. He pointed out Mr Pash at the back of the field, and showed the field running in two lines, and said the stewards had no issue with Mr Pash changing his line to improve on the inside.
--Shortly before the 1700 metre mark, Mr Chmiel (THE MOMENT) moved freely to the inside line behind the leading horses and he was followed by Mr McNally (EL ALAMEIN) and the trailing horses. As all the horses moved to run in single file, Mr Pash was on the inside of Mr Dunn (TOZZLES SISTER), and he would have been aware of the movement in front of him, and that any room to improve ceased to exist.
--However, Mr Pash continued to improve inside Mr Dunn, Mr McNally and, when inside Mr Chmiel, who was not required to move out, Mr Pash’s horse ran out of room, hit a pylon and galloped, and it was the stewards’ view that this occurred because Mr Pash was in a position he should not have been.
--In response, Mr Pash also referred to the video. He pointed out that, where he was shown as being inside Mr Chmiel, there was room and he had not touched a pylon at that stage, though this was disputed and shown by the stewards.
--Mr Pash said he had improved and was already on the inside for some 80 metres, and his horse hit a pylon and broke because it was hanging, not because there was insufficient room. He acknowledged that the first five horses were in line but he said the others were not directly in line and it was his view that he was already inside the gap. He reiterated that his horse started to hang and he had to take hold, and it broke because it was hanging and hit the marker.
--To the chairman, in seeking clarification of what they considered should have occurred, Mr Renault said that, with the horses following each other as they were entitled, Mr Pash should not have continued to improve on the inside. He said that, as it continued to tighten (on the bend), Mr Pash should have moved no further forward than Mr Dunn, and held his position.
--Asked by the chair if he considered that, when his horse broke and went back through the field, he had sufficient room at that time, Mr Pash told the committee that he was already in the gap and he broke because she hit the marker. Referred to the video just prior to the horse breaking, and again asked if there was room, Mr Pash acknowledged that there was not but said the horse was hanging badly.
--DECISION
Mr Pash appears on a breach of Rule 869 (4), following race 5, in that he drove in a manner likely to cause interference when attempting to improve his horse … when insufficient room existed.
The rule under which he appears reads :-
“No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or with any horse or its progress.”
Following the evidence, we find that with approximately 1700 metres to go, Mr Pash moved on the inside of horses that were racing a little wider on the track. They became in what is termed ‘single file’ – where they followed each other in a single line – and Mr Pash was on the inside toward the back.
--Mr Pash said that he had sufficient room and we acknowledge that, in the beginning, he did. But he continued to improve on the inside and, whilst he indicated his horse was hanging, we are satisfied and accept that he simply ran out of room.
--With the horses outside him moving into a single line, as they were entitled, we believe Mr Pash could have anticipated that any improvement along the inside on his part was likely to be impaired, particularly with it occurring on the bend.
--The rule refers to ‘anything which interferes, or is likely to interfere with your own horse, or any other horse …’
--At the point where this occurred, we are satisfied that the manner of driving, in improving on the inside when there was insufficient room, was such that Mr Pash was likely to interfere with – and, in fact, did interfere with – his own horse by hitting the pylon as he continued to improve, causing his horse to break.
--We find the charge proved and will take submissions on penalty.
--PENALTY
In respect to penalty, Mr Renault referred to the penalty guide. He said that, whilst there is the option of a fine and/or suspension, the interference related to Mr Pash’s own horse. He said there was a previous breach in June when he was fined $150.00 and the stewards in this instance would be seeking a fine in the order of $200.00 and $300.00.
Mr Pash himself was concerned at the level of penalty that was available. He indicated that he felt he was already in a gap on the fence and agreed that he was ‘caught between a rock and a hard place’ as the other horses moved down.
--He was reassured that the committee considered the breach at the mid to lower range and was considering the imposition of a monetary penalty rather than a suspension.
--In considering penalty, as inferred, we consider this breach at the mid to low range. Interference occurred and the only benefit we can give Mr Pash is that it was his own horse that suffered that interference. We are satisfied a fine is appropriate and Mr Pash is fined the sum of $250.00.
--
P H Welch P Williams
Chair Committee member
68318
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.4
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
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meetdate: 10/01/2010
meet_title: Nelson HRC - 10 January 2010
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