Amberley TC 6 February 2014 – R 1
ID: JCA13230
Meet Title:
Amberley TC - 6 February 2014
Meet Chair:
RMcKenzie
Meet Committee Member 1:
KHales
Race Date:
2014/02/06
Race Number:
R1
Decision:
It was agreed by the parties that the evidence adduced at the earlier protest hearing (Information A6114) be adopted for the purposes of this charge of a breach of the pushout Rule.
Mr Holmes having admitted the breach, the charge was found proved.
Penalty:
Mr Holmes was fined the sum of $250.
Facts:
Following the running of Race 1, Cavalier Trotting Products Trot, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Open Horseman, Mr R D Holmes, alleging that Mr Holmes, as the driver of SUNGAIT SALLY in the race, “shifted [his] position outwards prior to the 1000 metres which caused WAIMEHO ANGUS to briefly race four-wide”.
Mr Holmes had signed the Statement by the Defendant on the information form indicating that he did not admit the breach. However, Mr Holmes was present at the hearing of the information and he indicated that he wished to admit the charge.
Rule 869 provides as follows:
(4) No horseman shall during any race do anything which interferes or is likely to interfere with any other horse or its progress.
(6) Subject to sub-rule (4) hereof:-
(a) horsemen are permitted to move ground inwards or outwards at any stage of the race to improve their racing position;
(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.
Submissions for Penalty:
Mr Ydgren referred to the Penalty Guide under which the starting point is a fine of $250. He submitted that Mr Holmes’ admission of the breach and his clear record were factors to his credit. He has had 200 drives this season which was a very good record. However, it was an aggravating factor that Mr Holmes’ driving caused a relegation. Mr Ydgren submitted that a fine of $300 was an appropriate penalty.
Mr Holmes submitted that the distance over which Mr Smolenski was forced to race wider on the track was “very minimum”. Mr Smolenski could well have been left to race 3-wide without cover in any event, he submitted. He had looked three times before shifting out, he said.
Reasons for Penalty:
In deciding on penalty, the Committee took the starting point of a $250 fine as suggested by the Penalty Guide. Mr Holmes was entitled to a discount for his admission of the breach and his record, which Mr Ydgren described as “very good”. We accept that. Furthermore, the Committee assessed the degree of interference as being low. We accept that Mr Smolenski was forced to race wider only for quite a short distance. Mr Ydgren, quite correctly, identified the fact of a relegation as an aggravating factor in this case.
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: 558cd4be3f70c1a744d22dc1c1ba39b4
informantnumber: A6115
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of Pushout Rule
plea: admitted
penaltyrequired: 1
decisiondate: 10/02/2014
hearing_title: Amberley TC 6 February 2014 - R 1
charge:
facts:
Following the running of Race 1, Cavalier Trotting Products Trot, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Open Horseman, Mr R D Holmes, alleging that Mr Holmes, as the driver of SUNGAIT SALLY in the race, “shifted [his] position outwards prior to the 1000 metres which caused WAIMEHO ANGUS to briefly race four-wide”.
Mr Holmes had signed the Statement by the Defendant on the information form indicating that he did not admit the breach. However, Mr Holmes was present at the hearing of the information and he indicated that he wished to admit the charge.
Rule 869 provides as follows:
(4) No horseman shall during any race do anything which interferes or is likely to interfere with any other horse or its progress.
(6) Subject to sub-rule (4) hereof:-
(a) horsemen are permitted to move ground inwards or outwards at any stage of the race to improve their racing position;
(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.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
It was agreed by the parties that the evidence adduced at the earlier protest hearing (Information A6114) be adopted for the purposes of this charge of a breach of the pushout Rule.
Mr Holmes having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Ydgren referred to the Penalty Guide under which the starting point is a fine of $250. He submitted that Mr Holmes’ admission of the breach and his clear record were factors to his credit. He has had 200 drives this season which was a very good record. However, it was an aggravating factor that Mr Holmes’ driving caused a relegation. Mr Ydgren submitted that a fine of $300 was an appropriate penalty.
Mr Holmes submitted that the distance over which Mr Smolenski was forced to race wider on the track was “very minimum”. Mr Smolenski could well have been left to race 3-wide without cover in any event, he submitted. He had looked three times before shifting out, he said.
reasonsforpenalty:
In deciding on penalty, the Committee took the starting point of a $250 fine as suggested by the Penalty Guide. Mr Holmes was entitled to a discount for his admission of the breach and his record, which Mr Ydgren described as “very good”. We accept that. Furthermore, the Committee assessed the degree of interference as being low. We accept that Mr Smolenski was forced to race wider only for quite a short distance. Mr Ydgren, quite correctly, identified the fact of a relegation as an aggravating factor in this case.
penalty:
Mr Holmes was fined the sum of $250.
hearing_type: Hearing
Rules: 869(4) and (6)(b)&(c)
Informant: N M Ydgren, Stipendiary Steward
JockeysandTrainer: R D Holmes, Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: b78857566467861fe7680172ce287264
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 6e903f3b6b6565c19c669354d8b5554a
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 06/02/2014
meet_title: Amberley TC - 6 February 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: amberley-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: KHales
meet_pm2: none
name: Amberley TC