Timaru HRC – 16 September 2007 – Race 6
ID: JCA23040
Hearing Type (Code):
harness-racing
Meet Title:
Timaru HRC - 16 September 2007
Race Date:
2007/09/16
Race Number:
Race 6
Decision: --
Following the running of Race 6, the Catering South Canterbury Discretionary Handicap Pace, an information was laid by Stipendiary Steward Mr N. R. McIntyre against Mr T. M. McMillan, the driver of TUXEDO (3) alleging a breach of the "push out" rule
--
DECISION AND REASONS:
--Following the running of Race 6, the Catering South Canterbury Discretionary Handicap Pace, an information was laid by Stipendiary Steward Mr N. R. McIntyre against Mr T. M. McMillan, the driver of TUXEDO (3) alleging a breach of the "push out" rule. The charge reads as follows.
------"I the abovenamed Informant allege that the above named Defendant committed a breach of Rule 869(4), (6)(b), (c) in that T. McMillan (TUXEDO) forced COURAGEOUS AMRIK wider on the track prior to the 1000m."
----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 McMillan had indicated on the Information that he did not admit a breach of this rule and this was confirmed by him at the hearing. Mr McMillan also confirmed that he understood the Rules and the nature of the charge.
------Mr McIntyre gave evidence that when racing down the home straight with about 1300 metres to run COURAGEOUS AMRIK was making a forward move three wide when Mr McMillan moved out forcing that horse four wide. Stipendiary Steward Mr Ydgren used video coverage to show this incident.
--Mr McMillan gave evidence that he had tried to move his horse into the three wide before COURAGEOUS AMRIK came up to him, but that his horse was slow to react. Mr McMillan agreed that he had in fact pushed COURAGEOUS AMRIK four wide, but that this was solely due to his own horse taking its time to respond to his driving. Mr McMillan also referred to other matters that we will deal with later in this decision, but he did say that he "immediately realised what had happened".
--After hearing the evidence we adjourned to consider our decision. On returning to the Enquiry Room we gave the following oral decision.
--"We are satisfied that you did in fact push out COURAGEOUS AMRIK as alleged. This is an offence of strict liability. The things that you have mentioned about the horse being slow to react and the things you did after it to make sure that the horse wasn?t so badly affected really relate more to the question of penalty than guilt or not. So we find the charge proved and we will now deal with the question of penalty."
--PENALTY: Mr McIntyre advised that the Mr McMillan was a senior horseman who had not been charged with any breach for a considerable time. A fine of $200-00 was recommended.
--Mr McMillan made submissions during the hearing that when he realised what had happened he took hold of his horse so that COURAGEOUS AMRIK could get past him with ease. This left him three wide, but COURAGEOUS AMRIK was able to continue the race two wide, eventually winning the race with his own horse finishing second.
--While we agree that a fine of $200-00 is appropriate for a breach of the push out rule, where it is admitted and a first offence, this was not a usual case. We were satisfied that Mr McMillan's actions which resulted in COURAGEOUS AMRIK not being disadvantaged amounted to mitigation. We therefore decided that a fine of $150-00 was appropriate, and Mr McMillan was therefore fined the sum of $150-00.
--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: e3701b2e41f1a86e406e3a6203bf5c5e
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 16/09/2007
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Timaru HRC - 16 September 2007 - Race 6
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--Following the running of Race 6, the Catering South Canterbury Discretionary Handicap Pace, an information was laid by Stipendiary Steward Mr N. R. McIntyre against Mr T. M. McMillan, the driver of TUXEDO (3) alleging a breach of the "push out" rule
--
DECISION AND REASONS:
--Following the running of Race 6, the Catering South Canterbury Discretionary Handicap Pace, an information was laid by Stipendiary Steward Mr N. R. McIntyre against Mr T. M. McMillan, the driver of TUXEDO (3) alleging a breach of the "push out" rule. The charge reads as follows.
------"I the abovenamed Informant allege that the above named Defendant committed a breach of Rule 869(4), (6)(b), (c) in that T. McMillan (TUXEDO) forced COURAGEOUS AMRIK wider on the track prior to the 1000m."
----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 McMillan had indicated on the Information that he did not admit a breach of this rule and this was confirmed by him at the hearing. Mr McMillan also confirmed that he understood the Rules and the nature of the charge.
------Mr McIntyre gave evidence that when racing down the home straight with about 1300 metres to run COURAGEOUS AMRIK was making a forward move three wide when Mr McMillan moved out forcing that horse four wide. Stipendiary Steward Mr Ydgren used video coverage to show this incident.
--Mr McMillan gave evidence that he had tried to move his horse into the three wide before COURAGEOUS AMRIK came up to him, but that his horse was slow to react. Mr McMillan agreed that he had in fact pushed COURAGEOUS AMRIK four wide, but that this was solely due to his own horse taking its time to respond to his driving. Mr McMillan also referred to other matters that we will deal with later in this decision, but he did say that he "immediately realised what had happened".
--After hearing the evidence we adjourned to consider our decision. On returning to the Enquiry Room we gave the following oral decision.
--"We are satisfied that you did in fact push out COURAGEOUS AMRIK as alleged. This is an offence of strict liability. The things that you have mentioned about the horse being slow to react and the things you did after it to make sure that the horse wasn?t so badly affected really relate more to the question of penalty than guilt or not. So we find the charge proved and we will now deal with the question of penalty."
--PENALTY:
Mr McIntyre advised that the Mr McMillan was a senior horseman who had not been charged with any breach for a considerable time. A fine of $200-00 was recommended. --Mr McMillan made submissions during the hearing that when he realised what had happened he took hold of his horse so that COURAGEOUS AMRIK could get past him with ease. This left him three wide, but COURAGEOUS AMRIK was able to continue the race two wide, eventually winning the race with his own horse finishing second.
--While we agree that a fine of $200-00 is appropriate for a breach of the push out rule, where it is admitted and a first offence, this was not a usual case. We were satisfied that Mr McMillan's actions which resulted in COURAGEOUS AMRIK not being disadvantaged amounted to mitigation. We therefore decided that a fine of $150-00 was appropriate, and Mr McMillan was therefore fined the sum of $150-00.
--J. M. Phelan
--Chairman
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.4
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: bd6bf801ceb791c867045f9eb6865c16
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: e9c84231abcac0c33d05c03885dddfcc
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 16/09/2007
meet_title: Timaru HRC - 16 September 2007
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: timaru-hrc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Timaru HRC