Ashburton TC 16 November 2017 – R 9 – Chair, Mr D Anderson
ID: JCA15876
Meet Title:
Ashburton TC - 16 November 2017
Meet Chair:
DAnderson
Meet Committee Member 1:
RMcKenzie
Race Date:
2017/11/16
Race Number:
R 9
Decision:
As Mr Fitzgerald admitted the breach the charge was found proved.
Penalty:
Accordingly, Mr Fitzgerald was fined the sum of $200.
Facts:
Following the running of Race 9 the “MCINTOSH CATERING Junior Drivers Mobile Pace” ,an Information was filed by Stipendiary Steward, Mr S Renault alleging a breach of Rule 869(4)(6)(b)(c) by Junior Driver, Mr A Fitzgerald. The Information stated that Mr Fitzgerald “shifted ground outwards near the 1100 metres forcing KIEL wider on the track.”
Mr Fitzgerald had endorsed on the Information that this breach of the Rules was admitted which he confirmed at the hearing. Mr Fitzgerald also confirmed he understood the rule he was being charged with.
Mr Fitzgerald was assisted at the hearing by Senior Horseman, Mr J Dunn.
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 making a forward movement 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 used the race video to identify Mr Fitzgerald (BLACK ART) racing 4 back on the pylons. At approximately 1150 metres the horse racing on Mr Fitzgerald‘s outside ITS ALL OVER NOW moved three wide as did the horse following it, KIEL. Mr Fitzgerald then moved his drive into the gap vacated by ITS ALL OVER NOW and continued outwards to follow ITS ALL OVER NOW forcing KIEL wider on the track.
Mr Fitzgerald was asked by the Committee if he would like to make comment on the incident. He said he completely misjudged where the 1000 metre marker was.
Mr Dunn said that it was very clear, and he had nothing to add.
Submissions for Penalty:
Mr Renault said Mr Fitzgerald has had 11 drives this season, 31 last season, and has a clear record under this rule. Mr Renault said the Stewards would be seeking a fine of $200, considering that Mr Fitzgerald is a Junior Driver, has admitted the breach and his good record.
Mr Fitzgerald was asked by the Committee if he was in a position to pay a fine and he affirmed he was.
Mr Dunn and Mr Fitzgerald had no further submissions on penalty.
Reasons for Penalty:
The Committee has adopted the JCA Penalty Guide starting point for a breach of this rule which is $250. There are no aggravating factors to consider.
The Mitigating factors are Mr Fitzgerald’s good record and his admittance of the breach for which the Committee afford him a $50 discount.
We therefore determined that a fine of $200 was an appropriate penalty 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: df25b642e53e4b3b563c1777c95d63c1
informantnumber: A9868
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Interference
plea: admitted
penaltyrequired: 1
decisiondate: 19/11/2017
hearing_title: Ashburton TC 16 November 2017 - R 9 - Chair, Mr D Anderson
charge:
facts:
Following the running of Race 9 the “MCINTOSH CATERING Junior Drivers Mobile Pace” ,an Information was filed by Stipendiary Steward, Mr S Renault alleging a breach of Rule 869(4)(6)(b)(c) by Junior Driver, Mr A Fitzgerald. The Information stated that Mr Fitzgerald “shifted ground outwards near the 1100 metres forcing KIEL wider on the track.”
Mr Fitzgerald had endorsed on the Information that this breach of the Rules was admitted which he confirmed at the hearing. Mr Fitzgerald also confirmed he understood the rule he was being charged with.
Mr Fitzgerald was assisted at the hearing by Senior Horseman, Mr J Dunn.
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 making a forward movement 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 used the race video to identify Mr Fitzgerald (BLACK ART) racing 4 back on the pylons. At approximately 1150 metres the horse racing on Mr Fitzgerald‘s outside ITS ALL OVER NOW moved three wide as did the horse following it, KIEL. Mr Fitzgerald then moved his drive into the gap vacated by ITS ALL OVER NOW and continued outwards to follow ITS ALL OVER NOW forcing KIEL wider on the track.
Mr Fitzgerald was asked by the Committee if he would like to make comment on the incident. He said he completely misjudged where the 1000 metre marker was.
Mr Dunn said that it was very clear, and he had nothing to add.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Fitzgerald admitted the breach the charge was found proved.
sumissionsforpenalty:
Mr Renault said Mr Fitzgerald has had 11 drives this season, 31 last season, and has a clear record under this rule. Mr Renault said the Stewards would be seeking a fine of $200, considering that Mr Fitzgerald is a Junior Driver, has admitted the breach and his good record.
Mr Fitzgerald was asked by the Committee if he was in a position to pay a fine and he affirmed he was.
Mr Dunn and Mr Fitzgerald had no further submissions on penalty.
reasonsforpenalty:
The Committee has adopted the JCA Penalty Guide starting point for a breach of this rule which is $250. There are no aggravating factors to consider.
The Mitigating factors are Mr Fitzgerald’s good record and his admittance of the breach for which the Committee afford him a $50 discount.
We therefore determined that a fine of $200 was an appropriate penalty in this case.
penalty:
Accordingly, Mr Fitzgerald was fined the sum of $200.
hearing_type: Hearing
Rules: 869(4)(6)(b)(c) - push out rule
Informant: Mr S Renault - Stipendiary Steward
JockeysandTrainer: Mr A Fitzgerald - Junior Driver
Otherperson: Mr J Dunn - Open Horseman assisting Mr Fitzgerald
PersonPresent:
Respondent:
StipendSteward:
raceid: a5fd6e806de6f43718e6da535bc77047
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: f0e1533747cefdee81020fd862c6b8d0
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 16/11/2017
meet_title: Ashburton TC - 16 November 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: ashburton-tc
meet_racingtype: harness-racing
meet_chair: DAnderson
meet_pm1: RMcKenzie
meet_pm2: none
name: Ashburton TC