Archive Decision

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Rangiora HRC – 16 August 2009 – Race 1

ID: JCA23110

Hearing Type:
Old Hearing

Rules:
869.4

Hearing Type (Code):
harness-racing

Meet Title:
Rangiora HRC - 16 August 2009

Race Date:
2009/08/16

Race Number:
Race 1

Decision:

Following the running of Race 1, Rangiora Welcomes Mark McNamara Pace, an information was filed by Stipendiary Steward, Mrs K R Williams, against Licensed Open Horseman, Mr W E Higgs, alleging a breach of Rule 869 (4) and (6) (b) & (c) – the push-out Rule – in that, as the driver of BRUNO in the Race “he forced VERLOCITY (J F Curtin) to race wider on the track with approximately 2200 metres to race”.

--

Mr Higgs was present at the hearing of the information and did not admit the breach

--

 



Following the running of Race 1, Rangiora Welcomes Mark McNamara Pace, an information was filed by Stipendiary Steward, Mrs K R Williams, against Licensed Open Horseman, Mr W E Higgs, alleging a breach of Rule 869 (4) and (6) (b) & (c) – the push-out Rule – in that, as the driver of BRUNO in the Race “he forced VERLOCITY (J F Curtin) to race wider on the track with approximately 2200 metres to race”.

--

Mr Higgs was present at the hearing of the information and did not admit the breach

--

Rule 869 provides as follows:
(4) No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.

--

(6) Subject to sub-rule (4) hereof:-
  (b)  a horse making a forward movement during any race shall not be forced to race wider on the
               track;
 (c)  a horse during any 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. 

--

Mrs Williams informed the Committee that Mr Curtin was not available to attend the hearing but, she said, the Stewards were prepared to rely on the video evidence which clearly showed a breach of the push-out Rule, she submitted.

--

 Mrs Williams had Mr S P Renault, Stipendiary Steward, show video replays of the incident after approximately 400 metres of the 2600 metres standing start event. He pointed out Mr Higgs move off the markers and attempt to get on the back of MR COMPETITIVE (L F O’Reilly) in the one-out line and, in doing so, forced Mr Curtin on VERLOCITY to race 3-wide.  Mr D J Butt on TALASPRING then improved up on the inside of Mr Higgs when a gap appeared after Mr Higgs had moved Mr Curtin wider on the track. Mr Curtin was moving forward, making ground on Mr Higgs, and the nose of his horse was past the sulky wheel of Mr Higgs when it was forced wider on the track.  

--

Mr Higgs then proceeded to present his defence to the allegation. During the course of this, Mr Higgs indicated that he would like to question Mr Curtin concerning the incident. The hearing was adjourned at his request until Mr Curtin returned to the course later in the day.

--

Upon resumption of the hearing later in the day, Mr Higgs indicated to the Committee that he wished to change his plea and admit the breach. The Committee accepted his change of plea and the breach was found proved.

--

Mr Renault informed the Committee that Mr Higgs had a clear record as far as breaches of the push-out Rule were concerned. He recommended a fine of $200.

--

In determining penalty, the Committee had regard to Mr Higgs’ good record and his change of plea in the course of the hearing.

--

Mr Higgs was fined the sum of $200.    

--

R G McKenzie
CHAIR
68054

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: ef4a03d5c1ffbdbd010e96634dcd3b41


informantnumber:


horsename:


hearing_racingtype: harness-racing


startdate: 16/08/2009


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Rangiora HRC - 16 August 2009 - Race 1


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Following the running of Race 1, Rangiora Welcomes Mark McNamara Pace, an information was filed by Stipendiary Steward, Mrs K R Williams, against Licensed Open Horseman, Mr W E Higgs, alleging a breach of Rule 869 (4) and (6) (b) & (c) – the push-out Rule – in that, as the driver of BRUNO in the Race “he forced VERLOCITY (J F Curtin) to race wider on the track with approximately 2200 metres to race”.

--

Mr Higgs was present at the hearing of the information and did not admit the breach

--

 



Following the running of Race 1, Rangiora Welcomes Mark McNamara Pace, an information was filed by Stipendiary Steward, Mrs K R Williams, against Licensed Open Horseman, Mr W E Higgs, alleging a breach of Rule 869 (4) and (6) (b) & (c) – the push-out Rule – in that, as the driver of BRUNO in the Race “he forced VERLOCITY (J F Curtin) to race wider on the track with approximately 2200 metres to race”.

--

Mr Higgs was present at the hearing of the information and did not admit the breach

--

Rule 869 provides as follows:
(4) No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.

--

(6) Subject to sub-rule (4) hereof:-
  (b)  a horse making a forward movement during any race shall not be forced to race wider on the
               track;
 (c)  a horse during any 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. 

--

Mrs Williams informed the Committee that Mr Curtin was not available to attend the hearing but, she said, the Stewards were prepared to rely on the video evidence which clearly showed a breach of the push-out Rule, she submitted.

--

 Mrs Williams had Mr S P Renault, Stipendiary Steward, show video replays of the incident after approximately 400 metres of the 2600 metres standing start event. He pointed out Mr Higgs move off the markers and attempt to get on the back of MR COMPETITIVE (L F O’Reilly) in the one-out line and, in doing so, forced Mr Curtin on VERLOCITY to race 3-wide.  Mr D J Butt on TALASPRING then improved up on the inside of Mr Higgs when a gap appeared after Mr Higgs had moved Mr Curtin wider on the track. Mr Curtin was moving forward, making ground on Mr Higgs, and the nose of his horse was past the sulky wheel of Mr Higgs when it was forced wider on the track.  

--

Mr Higgs then proceeded to present his defence to the allegation. During the course of this, Mr Higgs indicated that he would like to question Mr Curtin concerning the incident. The hearing was adjourned at his request until Mr Curtin returned to the course later in the day.

--

Upon resumption of the hearing later in the day, Mr Higgs indicated to the Committee that he wished to change his plea and admit the breach. The Committee accepted his change of plea and the breach was found proved.

--

Mr Renault informed the Committee that Mr Higgs had a clear record as far as breaches of the push-out Rule were concerned. He recommended a fine of $200.

--

In determining penalty, the Committee had regard to Mr Higgs’ good record and his change of plea in the course of the hearing.

--

Mr Higgs was fined the sum of $200.    

--

R G McKenzie
CHAIR
68054


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Old Hearing


Rules: 869.4


Informant:


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


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race_title: Race 1


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meetdate: 16/08/2009


meet_title: Rangiora HRC - 16 August 2009


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tracklocation: rangiora-hrc


meet_racingtype: harness-racing


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name: Rangiora HRC