Nelson HRC – 15 January 2006 – Race 12
ID: JCA22177
Hearing Type (Code):
harness-racing
Meet Title:
Nelson HRC - 15 January 2006
Race Date:
2006/01/15
Race Number:
Race 12
Decision:
Following the running of Race 12, the Jeff Rackley Real Estate Mobile Pace, R D Holmes the driver of REAL RADICAL was charged with a breach of Rule 869 (4).
Following the running of Race 12, the Jeff Rackley Real Estate Mobile Pace, R D Holmes the driver of REAL RADICAL was charged with a breach of Rule 869 (4).
--It was alleged that when moving out with approx 900m to run REAL RADICAL checked THE PEACE ROSE driven by N L Berkett.
--Mr Holmes attended the hearing and denied the breach of the rule.
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EVIDENCE
--When presenting his submissions Mr Escott called Mr Berkett, who stated that while moving down the back straight Mr Holmes had come out underneath him when he did not have sufficient room to do so. Mr Berkett also confirmed that contact was made and that this contact had caused him to break. When asked whether Mr Holmes had an advantage on him at the time Mr Berkett conceded that he had.
--Mr Escott then had Assistant Stipendiary Steward Mr B Williams demonstrate the incident by way of the films of the race.
--In these Mr Williams identified REAL RADICAL move THE PEACE ROSE from a three wide to a four wide position with approx 900m to run, at which point THE PEACE ROSE broke and lost considerable ground.
--It was Mr Williams's submission that it was the actions of REAL RADICAL moving out and making contact that caused THE PEACE ROSE to be checked and break. Mr Williams did however submit that he believed the movement outward was not of an abrupt nature.
--Mr Holmes when defending the charge stated that he believed that he had not done anything that was contrary to the rules. He submitted that he had an advantage over Mr Berkett's horse and therefore an entitlement to move out when he did. He further submitted that Mr Berkett did not react sufficiently to being shifted wider and in fact had turned his horse's head inward.
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DECISION AND REASON
--The committee has considered carefully all the submissions put to it and finds that with approx 900m to run REAL RADICAL, who has been racing one off the marker pegs and back in mid field, has improved its position by moving THE PEACE ROSE wider on the track. THE PEACE ROSE has then broken and lost considerable ground.
----The committee finds that when undertaking this manoeuvre Mr Holmes has had an entitlement to do so being that he had a clear advantage on THE PEACE ROSE and he has moved out in a gradual manner. Such occurring within the last 1000m of the race where ?pushing out? is permitted, provided it is done so in accordance with the rules.
--In this instant the committee finds that Mr Holmes has complied with all elements of the rules. The committee further finds that Mr Berkett should have conceded at this point, but rather he has resisted and attempted to maintain his three wide position by holding his horse down on that of Mr Holmes. However his endeavours, in the committee's view, have caused his own horse to break and loose ground.
--The committee finds that Mr Holmes drove within the rules during while moving Mr Berkett wider and therefore the charge against him is dismissed.
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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: d2d01ce5e42a270f2376af43b7ced0bd
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 15/01/2006
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Nelson HRC - 15 January 2006 - Race 12
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Following the running of Race 12, the Jeff Rackley Real Estate Mobile Pace, R D Holmes the driver of REAL RADICAL was charged with a breach of Rule 869 (4).
Following the running of Race 12, the Jeff Rackley Real Estate Mobile Pace, R D Holmes the driver of REAL RADICAL was charged with a breach of Rule 869 (4).
--It was alleged that when moving out with approx 900m to run REAL RADICAL checked THE PEACE ROSE driven by N L Berkett.
--Mr Holmes attended the hearing and denied the breach of the rule.
----
EVIDENCE
--When presenting his submissions Mr Escott called Mr Berkett, who stated that while moving down the back straight Mr Holmes had come out underneath him when he did not have sufficient room to do so. Mr Berkett also confirmed that contact was made and that this contact had caused him to break. When asked whether Mr Holmes had an advantage on him at the time Mr Berkett conceded that he had.
--Mr Escott then had Assistant Stipendiary Steward Mr B Williams demonstrate the incident by way of the films of the race.
--In these Mr Williams identified REAL RADICAL move THE PEACE ROSE from a three wide to a four wide position with approx 900m to run, at which point THE PEACE ROSE broke and lost considerable ground.
--It was Mr Williams's submission that it was the actions of REAL RADICAL moving out and making contact that caused THE PEACE ROSE to be checked and break. Mr Williams did however submit that he believed the movement outward was not of an abrupt nature.
--Mr Holmes when defending the charge stated that he believed that he had not done anything that was contrary to the rules. He submitted that he had an advantage over Mr Berkett's horse and therefore an entitlement to move out when he did. He further submitted that Mr Berkett did not react sufficiently to being shifted wider and in fact had turned his horse's head inward.
----
DECISION AND REASON
--The committee has considered carefully all the submissions put to it and finds that with approx 900m to run REAL RADICAL, who has been racing one off the marker pegs and back in mid field, has improved its position by moving THE PEACE ROSE wider on the track. THE PEACE ROSE has then broken and lost considerable ground.
----The committee finds that when undertaking this manoeuvre Mr Holmes has had an entitlement to do so being that he had a clear advantage on THE PEACE ROSE and he has moved out in a gradual manner. Such occurring within the last 1000m of the race where ?pushing out? is permitted, provided it is done so in accordance with the rules.
--In this instant the committee finds that Mr Holmes has complied with all elements of the rules. The committee further finds that Mr Berkett should have conceded at this point, but rather he has resisted and attempted to maintain his three wide position by holding his horse down on that of Mr Holmes. However his endeavours, in the committee's view, have caused his own horse to break and loose ground.
--The committee finds that Mr Holmes drove within the rules during while moving Mr Berkett wider and therefore the charge against him is dismissed.
----
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--
--
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.4
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 3e8a787003b99354d749931a010c2fc9
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 12
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 22169dabb6d2c69404cfc874f33ee4e9
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 15/01/2006
meet_title: Nelson HRC - 15 January 2006
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nelson-hrc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Nelson HRC