NZ Metro TC – 11 November 2008 – Race 8
ID: JCA22279
Hearing Type (Code):
harness-racing
Meet Title:
NZ Metro TC - 11 November 2008
Race Date:
2008/11/11
Race Number:
Race 8
Decision:
Following the running of Race 8, the NRM Sires’ Stakes Series Final, Stipendiary Steward Mr N. G. McIntyre laid an Information charging Mr B. N. Orange with a breach of Rule 869(4) and Regulations 4, 6 and 8 of the Passing Lanes, False Rails and Home Straight Regulations. The allegation was that Mr Orange allowed “Highview Tommy” (6) to move inwards into the passing lane for approximately 50 metres thereby not allowing “Tintin In America” immediate access to the passing lane.
Following the running of Race 8, the NRM Sires’ Stakes Series Final, Stipendiary Steward Mr N. G. McIntyre laid an Information charging Mr B. N. Orange with a breach of Rule 869(4) and Regulations 4, 6 and 8 of the Passing Lanes, False Rails and Home Straight Regulations. The allegation was that Mr Orange allowed “Highview Tommy” (6) to move inwards into the passing lane for approximately 50 metres thereby not allowing “Tintin In America” immediate access to the passing lane.
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Mr Orange had indicated on the Information that he admitted this breach of the Rules, and he confirmed that at the hearing. Mr Orange also agreed that he understood the charge and the Rule and the Regulations it was laid under.
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Mr McIntyre used video coverage to show that on entering the straight for the final time Mr Orange’s horse ducked into the passing lane. Mr Orange kept driving his horse while at the same time attempting to take it out of the passing lane. It was the Stipendiary Stewards’ case that Mr Orange did not take corrective action soon enough.
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Mr Orange said that his horse had ducked into the lane, and that he did pull it out. However he did agree that he did not do this quickly enough.
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Penalty:
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Mr McIntyre advised that Mr Orange had no previous convictions for a breach of this Rule, and that he had admitted the breach. This was a Group 1 $200,000-00 race on a Premier Day, and as a result of the breach the chances of “Tintin In America” had been affected. Mr McIntyre also agreed that there were some mitigating circumstances. A fine in the vicinity of $750-00 was recommended.
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Mr Orange said the breach was mostly the horse’s fault, and that the suggested fine was excessive.
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We adjourned to consider the matter of penalty. We were satisfied that it was to Mr Orange’s credit that he had no previous relevant convictions and that he had admitted the breach. It was also relevant that it was the horse that had ducked into the passing lane.
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Rule 1114(2) requires us to have regard to such matters as we consider appropriate, including the status of the race, the stake payable, and any consequential effects upon any horse as a result of the breach. In this case the race was Group 1, the stake payable was $200,000-00, and the chances of “Tintin In America” were affected.
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Taking all the above matters into account we were satisfied that a fine of $750-00 was appropriate in this case, and on returning to the Enquiry Room we advised the parties of our decision.
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J. M. Phelan
ChairmanJCA 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: aabc2fb549de6b375ffe36fcb721ab84
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 11/11/2008
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: NZ Metro TC - 11 November 2008 - Race 8
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Following the running of Race 8, the NRM Sires’ Stakes Series Final, Stipendiary Steward Mr N. G. McIntyre laid an Information charging Mr B. N. Orange with a breach of Rule 869(4) and Regulations 4, 6 and 8 of the Passing Lanes, False Rails and Home Straight Regulations. The allegation was that Mr Orange allowed “Highview Tommy” (6) to move inwards into the passing lane for approximately 50 metres thereby not allowing “Tintin In America” immediate access to the passing lane.
Following the running of Race 8, the NRM Sires’ Stakes Series Final, Stipendiary Steward Mr N. G. McIntyre laid an Information charging Mr B. N. Orange with a breach of Rule 869(4) and Regulations 4, 6 and 8 of the Passing Lanes, False Rails and Home Straight Regulations. The allegation was that Mr Orange allowed “Highview Tommy” (6) to move inwards into the passing lane for approximately 50 metres thereby not allowing “Tintin In America” immediate access to the passing lane.
----
Mr Orange had indicated on the Information that he admitted this breach of the Rules, and he confirmed that at the hearing. Mr Orange also agreed that he understood the charge and the Rule and the Regulations it was laid under.
----
Mr McIntyre used video coverage to show that on entering the straight for the final time Mr Orange’s horse ducked into the passing lane. Mr Orange kept driving his horse while at the same time attempting to take it out of the passing lane. It was the Stipendiary Stewards’ case that Mr Orange did not take corrective action soon enough.
----
Mr Orange said that his horse had ducked into the lane, and that he did pull it out. However he did agree that he did not do this quickly enough.
----
Penalty:
----
Mr McIntyre advised that Mr Orange had no previous convictions for a breach of this Rule, and that he had admitted the breach. This was a Group 1 $200,000-00 race on a Premier Day, and as a result of the breach the chances of “Tintin In America” had been affected. Mr McIntyre also agreed that there were some mitigating circumstances. A fine in the vicinity of $750-00 was recommended.
----
Mr Orange said the breach was mostly the horse’s fault, and that the suggested fine was excessive.
----
We adjourned to consider the matter of penalty. We were satisfied that it was to Mr Orange’s credit that he had no previous relevant convictions and that he had admitted the breach. It was also relevant that it was the horse that had ducked into the passing lane.
----
Rule 1114(2) requires us to have regard to such matters as we consider appropriate, including the status of the race, the stake payable, and any consequential effects upon any horse as a result of the breach. In this case the race was Group 1, the stake payable was $200,000-00, and the chances of “Tintin In America” were affected.
----
Taking all the above matters into account we were satisfied that a fine of $750-00 was appropriate in this case, and on returning to the Enquiry Room we advised the parties of our decision.
----
--
J. M. Phelan
Chairmansumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.4, 1114.2
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: cce95a7d70d440759adda9e5ebb17bb7
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 0dfefc46fd533369733c8dd5b2688800
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 11/11/2008
meet_title: NZ Metro TC - 11 November 2008
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: NZ Metro TC