Marlborough HRC – 12 June 2009 – Race 7
ID: JCA21892
Hearing Type (Code):
harness-racing
Meet Title:
Marlborough HRC - 12 June 2009
Race Date:
2009/06/12
Race Number:
Race 7
Decision:
Following the running of Race 7, the More FM Mobile Pace, an Information was filed by Stipendiary Steward Mr N. G. McIntyre against Open Horseman Mr M. A. Pash alleging a breach of Rule 869(4), (6)(b) and (c), the “push out” Rule. The Information 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. A. Pash (Oarsome) improved from on the marker line outwards with approx. 1100m to run forcing GLORY R and STRAWB’S POSH DREAM to race wider on the track.”
--
Following the running of Race 7, the More FM Mobile Pace, an Information was filed by Stipendiary Steward Mr N. G. McIntyre against Open Horseman Mr M. A. Pash alleging a breach of Rule 869(4), (6)(b) and (c), the “push out” Rule. The Information 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. A. Pash (Oarsome) improved from on the marker line outwards with approx. 1100m to run forcing GLORY R and STRAWB’S POSH DREAM to race wider on the track.”
--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.
--(6) Subject to sub-rule (4) hereof:-
(a) ….
(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.”
Mr Pash had indicated on the Information that he did not admit this breach of the Rules, and he confirmed this at the hearing. Mr Pash also agreed that he understood the charge and the Rule it was brought under.
--Miss J. J. A. Young, a Junior Horseman, was accompanied at the hearing by her father, Mr P. D. Young. Miss Young gave evidence that at the time of this incident she was in the two out line and following Mr Geddes (COOLIT Q T DRYDEN). Mr Geddes pulled out to go three wide, and she was moving up to take his place when she was pushed three wide by Mr Pash, who moved into the place she was intending to occupy. Miss Young also said that she was moving past Mr Pash when this incident happened.
--Mr McIntyre used video coverage to show this incident, and it could be seen that Mr Pash did move out and take the place vacated by Mr Geddes. As a result Miss Young ended up three wide and Mr C. J. De Filippi (STRAWB’S POSH DREAM) ended up four wide.
--Mr Pash questioned the witnesses. It was his case that Miss Young was also moving wider at the time, and that the space he moved into had been vacated by her. In response Miss Young was quite firm that she had no intention of moving into the three wide line, and that she was pushed out into that line by Mr Pash.
--After hearing the evidence we adjourned to consider our decision. We were satisfied that the video coverage and the clear evidence of Miss Young showed that Mr Pash had pushed Miss Young out into the three wide line when he was not entitled to do so.
--On our return to the Enquiry Room we advised the parties that a full written decision would be given later, and we gave the following oral decision.
--“Having heard the evidence and having seen the video coverage we are satisfied that with about 1100 metres to run Mr Pash moved off the fence, and Miss Young ended up three wide. We find that Mr Pash moved into the line of Miss Young and forced her three wide. We are satisfied that the manoeuvre was not aggressive, and would have been a legitimate “push out” had it occurred with less then 1000 metres to run, and that this was a misjudgement by Mr Pash. We find the charge proved.”
--Penalty:
--Mr McIntyre advised that Mr Pash had no previous relevant convictions, or any similar breaches of the Rules since he had been a Stipendiary Steward. A fine of $200-00 was recommended.
--Mr Pash said that he had been driving for about 40 years and had only breached this Rule once in that time. He said he was a very careful driver and that the penalty should be a minimal one.
--We adjourned to consider the matter of penalty. We were satisfied that Mr Pash has an excellent record, and that this breach was at the lower end of the scale. We decided that Mr Pash would be fined the sum of $150-00.
--On returning to the Enquiry Room we advised the parties that Mr Pash was fined the sum of $150-00.
--
J. M. Phelan
Chairman
68025
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: cf89beb66eda0f005840ab615708b44c
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 12/06/2009
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Marlborough HRC - 12 June 2009 - Race 7
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Following the running of Race 7, the More FM Mobile Pace, an Information was filed by Stipendiary Steward Mr N. G. McIntyre against Open Horseman Mr M. A. Pash alleging a breach of Rule 869(4), (6)(b) and (c), the “push out” Rule. The Information 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. A. Pash (Oarsome) improved from on the marker line outwards with approx. 1100m to run forcing GLORY R and STRAWB’S POSH DREAM to race wider on the track.”
--
Following the running of Race 7, the More FM Mobile Pace, an Information was filed by Stipendiary Steward Mr N. G. McIntyre against Open Horseman Mr M. A. Pash alleging a breach of Rule 869(4), (6)(b) and (c), the “push out” Rule. The Information 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. A. Pash (Oarsome) improved from on the marker line outwards with approx. 1100m to run forcing GLORY R and STRAWB’S POSH DREAM to race wider on the track.”
--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.
--(6) Subject to sub-rule (4) hereof:-
(a) ….
(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.”
Mr Pash had indicated on the Information that he did not admit this breach of the Rules, and he confirmed this at the hearing. Mr Pash also agreed that he understood the charge and the Rule it was brought under.
--Miss J. J. A. Young, a Junior Horseman, was accompanied at the hearing by her father, Mr P. D. Young. Miss Young gave evidence that at the time of this incident she was in the two out line and following Mr Geddes (COOLIT Q T DRYDEN). Mr Geddes pulled out to go three wide, and she was moving up to take his place when she was pushed three wide by Mr Pash, who moved into the place she was intending to occupy. Miss Young also said that she was moving past Mr Pash when this incident happened.
--Mr McIntyre used video coverage to show this incident, and it could be seen that Mr Pash did move out and take the place vacated by Mr Geddes. As a result Miss Young ended up three wide and Mr C. J. De Filippi (STRAWB’S POSH DREAM) ended up four wide.
--Mr Pash questioned the witnesses. It was his case that Miss Young was also moving wider at the time, and that the space he moved into had been vacated by her. In response Miss Young was quite firm that she had no intention of moving into the three wide line, and that she was pushed out into that line by Mr Pash.
--After hearing the evidence we adjourned to consider our decision. We were satisfied that the video coverage and the clear evidence of Miss Young showed that Mr Pash had pushed Miss Young out into the three wide line when he was not entitled to do so.
--On our return to the Enquiry Room we advised the parties that a full written decision would be given later, and we gave the following oral decision.
--“Having heard the evidence and having seen the video coverage we are satisfied that with about 1100 metres to run Mr Pash moved off the fence, and Miss Young ended up three wide. We find that Mr Pash moved into the line of Miss Young and forced her three wide. We are satisfied that the manoeuvre was not aggressive, and would have been a legitimate “push out” had it occurred with less then 1000 metres to run, and that this was a misjudgement by Mr Pash. We find the charge proved.”
--Penalty:
--Mr McIntyre advised that Mr Pash had no previous relevant convictions, or any similar breaches of the Rules since he had been a Stipendiary Steward. A fine of $200-00 was recommended.
--Mr Pash said that he had been driving for about 40 years and had only breached this Rule once in that time. He said he was a very careful driver and that the penalty should be a minimal one.
--We adjourned to consider the matter of penalty. We were satisfied that Mr Pash has an excellent record, and that this breach was at the lower end of the scale. We decided that Mr Pash would be fined the sum of $150-00.
--On returning to the Enquiry Room we advised the parties that Mr Pash was fined the sum of $150-00.
--
J. M. Phelan
Chairman
68025
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.4
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 5bf7893086e13ee9b8ed2abec867b31e
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 7
submittochair:
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meetid: d4dc7516d270d2a75ce6bbd56a1aed6c
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meet_emailed1: 0
meet_emailed2: 0
meetdate: 12/06/2009
meet_title: Marlborough HRC - 12 June 2009
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tracklocation: marlborough-hrc
meet_racingtype: harness-racing
meet_chair:
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name: Marlborough HRC