Ashburton TC 23 December 2020 – R 2 – Chair, Mr S Ching
ID: JCA17939
Meet Title:
Ashburton TC - 23 December 2020
Meet Chair:
SChing
Race Date:
2020/12/23
Race Number:
R2
Decision:
Mr White, having admitted the breach, the charge was found proved.
Penalty:
Accordingly, Mr White was fined the sum of $200.
Facts:
Following the running of Race 2, the Ashburton U Hire Pace, an Information was filed by Stipendiary Steward, Mr P Williams against Open Driver, Mr D White alleging a breach of Rule 869(4)(6)(b)(c), in that when driving SUDAMAN, he forced TAURUS to race wider on the track near the 1900m.
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 moment 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 White had indicated on the Information that this breach of the Rules was admitted which he confirmed. He also stated that he understood the Rule the charge was brought under.
Mr Williams gave evidence and used video coverage with the assistance of Stipendiary Steward, Ms C Tibbs, to show that approaching the 1900m, SUDAMAN, driven by Mr White was racing on the pylons with TAURUS, driven by Mr J Hay, racing 2 off the pylons and a length behind Mr White. He pointed out Mr White shift out at the 1900m in order to take up the trail position of STILL TRUCKIN, driven by Mr K Barron, in the 2 wide position and in doing so forced Mr Hay out into the 3-wide line. Mr Williams stated that thereafter Mr Hay took up a position 2 wide trailing Mr White with TAURUS eventually finishing up in 3rd place.
Mr White stated that he had looked to his outside before shifting and believed that Mr Hay was restraining his horse at this point, which gave him the opportunity to shift out.
Submissions for Penalty:
Mr Williams stated that the JCA Penalty Guide provided a starting point for a breach of this Rule as a fine of $250 or a 5-drive suspension. He stated that Mr White had a clear record in relation to this Rule over the previous 12 months. Mr Williams stated that the level of the breach was low to mid with consequences to Mr Hay’s drive, minimal. He submitted that this breach could be dealt with by way of a fine.
Mr White stated that he would prefer a fine as penalty.
Reasons for Penalty:
The JCA Penalty Guide provides a starting point of a 5-drive suspension or a $250 fine for a breach of this Rule. The Committee also assessed the breach as low to mid-level and found no aggravating factors to consider, therefore no uplift in penalty warranted. We determined that a fine was an appropriate penalty in this case. Mr White’s record and his ready admission of the breach was deserved of a discount. This discount, the Committee set at $50. We therefore determined that a $200 fine 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: dad5ed996813dc75feea65fd6b176a74
informantnumber: A13617
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of Push Out Rule
plea: admitted
penaltyrequired: 1
decisiondate: 26/12/2020
hearing_title: Ashburton TC 23 December 2020 - R 2 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 2, the Ashburton U Hire Pace, an Information was filed by Stipendiary Steward, Mr P Williams against Open Driver, Mr D White alleging a breach of Rule 869(4)(6)(b)(c), in that when driving SUDAMAN, he forced TAURUS to race wider on the track near the 1900m.
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 moment 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 White had indicated on the Information that this breach of the Rules was admitted which he confirmed. He also stated that he understood the Rule the charge was brought under.
Mr Williams gave evidence and used video coverage with the assistance of Stipendiary Steward, Ms C Tibbs, to show that approaching the 1900m, SUDAMAN, driven by Mr White was racing on the pylons with TAURUS, driven by Mr J Hay, racing 2 off the pylons and a length behind Mr White. He pointed out Mr White shift out at the 1900m in order to take up the trail position of STILL TRUCKIN, driven by Mr K Barron, in the 2 wide position and in doing so forced Mr Hay out into the 3-wide line. Mr Williams stated that thereafter Mr Hay took up a position 2 wide trailing Mr White with TAURUS eventually finishing up in 3rd place.
Mr White stated that he had looked to his outside before shifting and believed that Mr Hay was restraining his horse at this point, which gave him the opportunity to shift out.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr White, having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Williams stated that the JCA Penalty Guide provided a starting point for a breach of this Rule as a fine of $250 or a 5-drive suspension. He stated that Mr White had a clear record in relation to this Rule over the previous 12 months. Mr Williams stated that the level of the breach was low to mid with consequences to Mr Hay’s drive, minimal. He submitted that this breach could be dealt with by way of a fine.
Mr White stated that he would prefer a fine as penalty.
reasonsforpenalty:
The JCA Penalty Guide provides a starting point of a 5-drive suspension or a $250 fine for a breach of this Rule. The Committee also assessed the breach as low to mid-level and found no aggravating factors to consider, therefore no uplift in penalty warranted. We determined that a fine was an appropriate penalty in this case. Mr White’s record and his ready admission of the breach was deserved of a discount. This discount, the Committee set at $50. We therefore determined that a $200 fine was an appropriate penalty in this case.
penalty:
Accordingly, Mr White was fined the sum of $200.
hearing_type: Hearing
Rules: 869(4)(6)(b)(c)
Informant: Mr P Williams - Stipendiary Steward
JockeysandTrainer: Mr D White - Licensed Open Driver
Otherperson: Ms C Tibbs - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: e2986fbba901e50880f92c65fed2e949
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: eef35fbba488c305bcaddfb5aa6faee9
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 23/12/2020
meet_title: Ashburton TC - 23 December 2020
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: ashburton-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: none
meet_pm2: none
name: Ashburton TC