Adjourned Hearing NZ Metropolitan TC 9 April 2021 – R 8 (heard 11 April 2021 at Methven) – Chair, Mr D Anderson
ID: JCA20634
Hearing Type (Code):
harness-racing
Meet Title:
NZ Metro TC - 9 April 2021
Meet Chair:
DAnderson
Meet Committee Member 1:
RMcKenzie
Race Date:
2021/04/09
Race Number:
R 8
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Mr N Ydgren - Chief Stipendiary Steward
Respondent: Mr B Hope – Junior Driver
Information No: A13295
Meeting: NZ Metropolitan Trotting Club
Date: 9 April 2021 (heard 11 April 2021 at Methven)
Venue: Addington
Race No: 8
Rule No: 869(4)(6)(b)(c) – Push Out Rule
Judicial Committee: Mr D Anderson, Chair – Ms L Yong, Member
Also Present: Mr P Williams, Stipendiary Steward
Mr S Renault, Stipendiary Steward
Mrs C Tibbs – Stipendiary Steward
Plea: Admitted
FACTS:
Following the running of Race 8, an Information was filed by Chief Stipendiary Steward, Mr N Ydgren alleging a breach of Rule 869(4)(6)(b)(c) by Junior Driver, Mr B Hope. The Information stated that “In that you forced T Williams (SON OF PATRICK) to race wider on the track near the 1700m - Push Out Rule”.
The hearing of the Information was adjourned on the night and heard on Sunday, 11 April at the Methven race meeting held at the Mt Harding racecourse.
Mr Hope had signed the Information stating he did admit the breach. He said he was conversant with the Rule and was comfortable without assistance at the hearing.
Rule 869(4)(6)(b)(c) reads 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 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 Renault with the assistance of Stipendiary Steward, Mrs Tibbs used the race video to identify Mr Hope racing 6 back on the inside at approximately the 1700m. He pointed to Mr J Dunn (FIVE WISE MEN), who was racing in front of Mr Hope, shift out into the 2-wide line. He said immediately after this manoeuvre Mr Hope shifted off the fence and into the 2 wide line dictating Mr T Williams (SON OF PATRICK), who had been racing in the 2-wide line, to a 3-wide position.
Mr Hope stated he had left it marginally late to decide to shift his horse out. He said the consequences of this were only minor as SON OF PATRICK was 3-wide for just a few strides and Mr Williams made a run from the 800 metres to finish in third placing.
DECISION:
Mr Hope having admitted the breach the charge was found proved.
PENALTY SUBMISSIONS:
Mr Renault said Mr Hope had a previous breach 168 drives ago and was fined $200. This season he has driven 312 times and is a very busy and successful Junior Driver. He referred to the JCA Penalty Guide starting point of 5 drives or a $250 fine for a breach of this Rule. Mr Renault said this was a major race and Mr Hope’s second breach within a six-month period and requires a suspension.
Mr Renault referred to the careless driving Penalty Guidelines of which provides for a 3-day suspension for a breach in a major race and the Stewards would be seeking something similar.
Mr Hope made no submissions on penalty other than agreeing with Mr Renault on possible deferment dates.
PENALTY REASONS:
The Committee has considered the JCA Penalty Guide starting point for a breach of this Rule, which is a 5-drive suspension or a $250 fine. We consider the reference to the careless driving Penalty Guidelines by Stewards to support a suspension over a fine to be irrelevant.
The Committee found the Rasmussen decision at Auckland on March 6 2020 to be of some assistance. This race was the Great Northern Derby $192,000 Group 1 race where a fine of $400 was imposed.
We follow the reasoning of the Rasmussen decision and double the starting point of a $250 fine, having regard to the status of this race as a Group One NZ Trotting Derby. There is a further aggravating factor of Mr Hope’s record, as this is his second breach of the Rule within the six- month period.
Taking into account Mr Hope’s admission of the breach, his status as a Junior Driver and professional manner during the process, we consider a fine of $500 as an appropriate penalty in this case.
DECISION:
Accordingly, Mr Hope is fined $500.
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: 70f4a2fb9fd4094374cbc30ba40c0fc9
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 09/04/2021
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Adjourned Hearing NZ Metropolitan TC 9 April 2021 - R 8 (heard 11 April 2021 at Methven) - Chair, Mr D Anderson
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Mr N Ydgren - Chief Stipendiary Steward
Respondent: Mr B Hope – Junior Driver
Information No: A13295
Meeting: NZ Metropolitan Trotting Club
Date: 9 April 2021 (heard 11 April 2021 at Methven)
Venue: Addington
Race No: 8
Rule No: 869(4)(6)(b)(c) – Push Out Rule
Judicial Committee: Mr D Anderson, Chair – Ms L Yong, Member
Also Present: Mr P Williams, Stipendiary Steward
Mr S Renault, Stipendiary Steward
Mrs C Tibbs – Stipendiary Steward
Plea: Admitted
FACTS:
Following the running of Race 8, an Information was filed by Chief Stipendiary Steward, Mr N Ydgren alleging a breach of Rule 869(4)(6)(b)(c) by Junior Driver, Mr B Hope. The Information stated that “In that you forced T Williams (SON OF PATRICK) to race wider on the track near the 1700m - Push Out Rule”.
The hearing of the Information was adjourned on the night and heard on Sunday, 11 April at the Methven race meeting held at the Mt Harding racecourse.
Mr Hope had signed the Information stating he did admit the breach. He said he was conversant with the Rule and was comfortable without assistance at the hearing.
Rule 869(4)(6)(b)(c) reads 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 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 Renault with the assistance of Stipendiary Steward, Mrs Tibbs used the race video to identify Mr Hope racing 6 back on the inside at approximately the 1700m. He pointed to Mr J Dunn (FIVE WISE MEN), who was racing in front of Mr Hope, shift out into the 2-wide line. He said immediately after this manoeuvre Mr Hope shifted off the fence and into the 2 wide line dictating Mr T Williams (SON OF PATRICK), who had been racing in the 2-wide line, to a 3-wide position.
Mr Hope stated he had left it marginally late to decide to shift his horse out. He said the consequences of this were only minor as SON OF PATRICK was 3-wide for just a few strides and Mr Williams made a run from the 800 metres to finish in third placing.
DECISION:
Mr Hope having admitted the breach the charge was found proved.
PENALTY SUBMISSIONS:
Mr Renault said Mr Hope had a previous breach 168 drives ago and was fined $200. This season he has driven 312 times and is a very busy and successful Junior Driver. He referred to the JCA Penalty Guide starting point of 5 drives or a $250 fine for a breach of this Rule. Mr Renault said this was a major race and Mr Hope’s second breach within a six-month period and requires a suspension.
Mr Renault referred to the careless driving Penalty Guidelines of which provides for a 3-day suspension for a breach in a major race and the Stewards would be seeking something similar.
Mr Hope made no submissions on penalty other than agreeing with Mr Renault on possible deferment dates.
PENALTY REASONS:
The Committee has considered the JCA Penalty Guide starting point for a breach of this Rule, which is a 5-drive suspension or a $250 fine. We consider the reference to the careless driving Penalty Guidelines by Stewards to support a suspension over a fine to be irrelevant.
The Committee found the Rasmussen decision at Auckland on March 6 2020 to be of some assistance. This race was the Great Northern Derby $192,000 Group 1 race where a fine of $400 was imposed.
We follow the reasoning of the Rasmussen decision and double the starting point of a $250 fine, having regard to the status of this race as a Group One NZ Trotting Derby. There is a further aggravating factor of Mr Hope’s record, as this is his second breach of the Rule within the six- month period.
Taking into account Mr Hope’s admission of the breach, his status as a Junior Driver and professional manner during the process, we consider a fine of $500 as an appropriate penalty in this case.
DECISION:
Accordingly, Mr Hope is fined $500.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869(4)(6)(b)(c) - Push Out Rule
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 013394bd1b458391309d8afeb36bc94d
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 7efec97c028de59cbd477d027859a4b2
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 09/04/2021
meet_title: NZ Metro TC - 9 April 2021
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: DAnderson
meet_pm1: RMcKenzie
meet_pm2: none
name: NZ Metro TC