NZ Metro TC – 6 July 2006 – Race 4
ID: JCA21817
Hearing Type (Code):
harness-racing
Meet Title:
NZ Metro TC - 6 July 2006
Race Date:
2006/07/06
Race Number:
Race 4
Decision: --
Following the running of Race 4, the Trevinos Bar & Restaurant Mobile Pace, an information was laid by Chief Stipendiary Steward Mr N. R. Escott against Mr M. P. Jones, the driver of "Stuart Brown" (4) alleging a breach of the "push out" rule.
--
DECISION AND REASONS:
--Following the running of Race 4, the Trevinos Bar & Restaurant Mobile Pace, an information was laid by Chief Stipendiary Steward Mr N. R. Escott against Mr M. P. Jones, the driver of "Stuart Brown" (4) alleging a breach of the "push out" rule. The charge reads as follows.
------"I the abovenamed Informant allege that the abovenamed Defendant committed a breach of Rule 869(4), (6)(b) & (c) in that M. P. Jones (Stuart Brown) moved Universal Dream (K. Barron) wider on the track with approx. 1500m to run."
----Rule 869(4), (6)(b) and (c) relating to the "push out" rule reads as follows.
--"(4) No horseman nor any horse shall during any race do anything which interferes or is likely to interfere with any other horseman and/or horse or its progress.
--- --
- Subject to sub-rule (4) hereof:-
- --
- ------
- ?. --
- a horse making a forward movement during any race shall not be forced to race wider on the track; --
- 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 Jones had indicated on the Information that he did not admit the
--breach of this rule and this was confirmed by him at the hearing. Also present at the hearing was Mr K. M. Barron the driver of "Universal Dream".
------Mr Escott called evidence from Mr Barron who said that he was back
--early and moved forward. When he got near the lead Mr Jones' horse came out in front of him and he had to go four wide. Mr Barron also said that as it turned out this incident did not affect his horse's chances. In answer to a question from Mr Escott, Mr Barron said that his horses front feet were alongside Mr Jones' wheel, and that he was moving forward, when Mr Jones moved out.
--Stipendiary Steward Mrs Williams gave evidence that she viewed this incident from the top of the front straight, and that Mr Jones had pushed Mr Barron four wide. Mrs Williams illustrated this incident by means of video coverage from "Trackside" video coverage. The usual video coverage was not available.
--Mr Barron was questioned about this incident by Mr Jones, but Mr Barron did not accept that Mr Jones had moved out before he had come alongside his wheel.
--Mr Jones gave evidence that he believed that he had made his outward movement before Mr Barron's horse had arrived outside his wheel. Mr Jones used the video coverage of the incident to illustrate his evidence.
--After hearing the evidence I adjourned to consider my decision. On returning to the Enquiry Room I advised that I would give a full written decision later, and I gave the following oral decision.
--"Having seen the video coverage and having heard the evidence I am satisfied that, with about 1500 metres to run, Mr Jones moved outwards. This resulted in Mr Barron having to race four wide. Stipendiary Steward Mrs Williams said that Mr Barron was forced four wide. Video coverage was not clear but certainly Mr Barron did have to go four wide. Mr Barron's evidence was clear that he was up alongside Mr Jones' wheel when Mr Jones moved outwards forcing him four wide.
--Mr Jones evidence was that he was clear of Mr Barron when he made his move.
--In this case I prefer the evidence of Mr Barron and the charge is proved."
--Penalty: Mr Escott advised that Mr Jones had no previous convictions in the last 12 months under this rule. Mr Escott recommended a fine of $250-00.
--Mr Jones had no relevant submissions to make in relation to penalty.
--After considering the matter of penalty I was satisfied that an appropriate fine for a breach of this Rule was $250-00, and Mr Jones was fined the sum of $250-00.
----
--
________________
--J. M. Phelan
--CHAIRMAN
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: c03ec2a4c9ae84e5f365c7236e94228f
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 06/07/2006
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: NZ Metro TC - 6 July 2006 - Race 4
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--Following the running of Race 4, the Trevinos Bar & Restaurant Mobile Pace, an information was laid by Chief Stipendiary Steward Mr N. R. Escott against Mr M. P. Jones, the driver of "Stuart Brown" (4) alleging a breach of the "push out" rule.
--
DECISION AND REASONS:
--Following the running of Race 4, the Trevinos Bar & Restaurant Mobile Pace, an information was laid by Chief Stipendiary Steward Mr N. R. Escott against Mr M. P. Jones, the driver of "Stuart Brown" (4) alleging a breach of the "push out" rule. The charge reads as follows.
------"I the abovenamed Informant allege that the abovenamed Defendant committed a breach of Rule 869(4), (6)(b) & (c) in that M. P. Jones (Stuart Brown) moved Universal Dream (K. Barron) wider on the track with approx. 1500m to run."
----Rule 869(4), (6)(b) and (c) relating to the "push out" rule reads as follows.
--"(4) No horseman nor any horse shall during any race do anything which interferes or is likely to interfere with any other horseman and/or horse or its progress.
--- --
- --
- Subject to sub-rule (4) hereof:-
- ------
- --
- ?. --
- a horse making a forward movement during any race shall not be forced to race wider on the track; --
- 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 Jones had indicated on the Information that he did not admit the
--breach of this rule and this was confirmed by him at the hearing. Also present at the hearing was Mr K. M. Barron the driver of "Universal Dream".
------Mr Escott called evidence from Mr Barron who said that he was back
--early and moved forward. When he got near the lead Mr Jones' horse came out in front of him and he had to go four wide. Mr Barron also said that as it turned out this incident did not affect his horse's chances. In answer to a question from Mr Escott, Mr Barron said that his horses front feet were alongside Mr Jones' wheel, and that he was moving forward, when Mr Jones moved out.
--Stipendiary Steward Mrs Williams gave evidence that she viewed this incident from the top of the front straight, and that Mr Jones had pushed Mr Barron four wide. Mrs Williams illustrated this incident by means of video coverage from "Trackside" video coverage. The usual video coverage was not available.
--Mr Barron was questioned about this incident by Mr Jones, but Mr Barron did not accept that Mr Jones had moved out before he had come alongside his wheel.
--Mr Jones gave evidence that he believed that he had made his outward movement before Mr Barron's horse had arrived outside his wheel. Mr Jones used the video coverage of the incident to illustrate his evidence.
--After hearing the evidence I adjourned to consider my decision. On returning to the Enquiry Room I advised that I would give a full written decision later, and I gave the following oral decision.
--"Having seen the video coverage and having heard the evidence I am satisfied that, with about 1500 metres to run, Mr Jones moved outwards. This resulted in Mr Barron having to race four wide. Stipendiary Steward Mrs Williams said that Mr Barron was forced four wide. Video coverage was not clear but certainly Mr Barron did have to go four wide. Mr Barron's evidence was clear that he was up alongside Mr Jones' wheel when Mr Jones moved outwards forcing him four wide.
--Mr Jones evidence was that he was clear of Mr Barron when he made his move.
--In this case I prefer the evidence of Mr Barron and the charge is proved."
--Penalty:
Mr Escott advised that Mr Jones had no previous convictions in the last 12 months under this rule. Mr Escott recommended a fine of $250-00.--Mr Jones had no relevant submissions to make in relation to penalty.
--After considering the matter of penalty I was satisfied that an appropriate fine for a breach of this Rule was $250-00, and Mr Jones was fined the sum of $250-00.
----
--
________________
--J. M. Phelan
--CHAIRMAN
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.4
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 751843ab5d1181ac7f46b96da6ac0bcf
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 83af1fa937784ff8e9705e3a926c7704
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 06/07/2006
meet_title: NZ Metro TC - 6 July 2006
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: NZ Metro TC