Auckland TC 18 June 2021 – R 7 – Chair, Mr BJ Scott
ID: JCA11100
Meet Title:
Auckland TC - 18 June 2021
Meet Chair:
BScott
Meet Committee Member 1:
AGodsalve
Race Date:
2021-06-18 00:00:00.0000000
Race Number:
R7
Decision:
The breach is admitted and therefore the charge is upheld.
Penalty:
Mr Gillies is fined the sum of $200.
Facts:
Following the running of the SIMS PACIFIC METALS - MONEY FOR METAL Handicap Pace, an Information was lodged by Senior Stipendiary Steward, Mr S Mulcay against Driver, Mr O Gillies alleging that as the Driver of OHOKA ACHILLES he shifted his horse outwards near the 1050 metres mark anf forced FRANKIE JONES to race wider on the track.
Rule 869(4) provides : No driver 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.
Rule 869(6)(b) provides : a horse during any race shall not be forced to race wider on the track.
Rule 869(6)(c) provides : 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.
Collectively these Rules are referred to as the "Push out Rule"
Mr Gillies was present at the hearing and he acknowledged that he understood the Rules and he confirmed that he admitted the breach.
Mr Mulcay demonstrated the incident by use of the race films and showed where prior to the 1100 metres mark Mr Gillies was 4 back on the inside line and he showed where FRANKIE JONES was moving up one out . Mr Gillies at about the 1050 metres mark moved out and pushed FRANKIE JONES 3 wide.
Mr Gillies said that his horse had been overracing and he had tried to wait until the 1000 meres mark but because of the way his horse was racing he had to come out sooner.
Submissions for Penalty:
Mr Mulcay referred to the JCA Penalty Guidelines which provide for a starting point penalty of a 5 drive suspension or a $250.00 fine.
He said that Mr Gillies had an excellent record for which he should be given credit and he also should be given credit for his admission of the breach. He submitted that a fine of $200 was appropriate.
Mr Gillies agreed with Mr Mulcay's submissions.
Reasons for Penalty:
The breach is admitted and in this regard Mr Gillies had no other option bearing in mind the very clear film evidence put to us. In light of this we do not give a credit for admission of the breach but we do give Mr Gillies credit for an excellent record.
We believe that a $200 fine is appropriate.
Decision Date: 20/06/2021
Publish Date: 20/06/2021
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: 1d7931ce029acd4a10417d8756bbfa82
informantnumber: A12999
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of the Pushout Rule
plea: admitted
penaltyrequired: 1
decisiondate: 20/06/2021
hearing_title: Auckland TC 18 June 2021 - R 7 - Chair, Mr BJ Scott
charge:
facts:
Following the running of the SIMS PACIFIC METALS - MONEY FOR METAL Handicap Pace, an Information was lodged by Senior Stipendiary Steward, Mr S Mulcay against Driver, Mr O Gillies alleging that as the Driver of OHOKA ACHILLES he shifted his horse outwards near the 1050 metres mark anf forced FRANKIE JONES to race wider on the track.
Rule 869(4) provides : No driver 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.
Rule 869(6)(b) provides : a horse during any race shall not be forced to race wider on the track.
Rule 869(6)(c) provides : 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.
Collectively these Rules are referred to as the "Push out Rule"
Mr Gillies was present at the hearing and he acknowledged that he understood the Rules and he confirmed that he admitted the breach.
Mr Mulcay demonstrated the incident by use of the race films and showed where prior to the 1100 metres mark Mr Gillies was 4 back on the inside line and he showed where FRANKIE JONES was moving up one out . Mr Gillies at about the 1050 metres mark moved out and pushed FRANKIE JONES 3 wide.
Mr Gillies said that his horse had been overracing and he had tried to wait until the 1000 meres mark but because of the way his horse was racing he had to come out sooner.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The breach is admitted and therefore the charge is upheld.
sumissionsforpenalty:
Mr Mulcay referred to the JCA Penalty Guidelines which provide for a starting point penalty of a 5 drive suspension or a $250.00 fine.
He said that Mr Gillies had an excellent record for which he should be given credit and he also should be given credit for his admission of the breach. He submitted that a fine of $200 was appropriate.
Mr Gillies agreed with Mr Mulcay's submissions.
reasonsforpenalty:
The breach is admitted and in this regard Mr Gillies had no other option bearing in mind the very clear film evidence put to us. In light of this we do not give a credit for admission of the breach but we do give Mr Gillies credit for an excellent record.
We believe that a $200 fine is appropriate.
penalty:
Mr Gillies is fined the sum of $200.
hearing_type: Hearing
Rules: 869(4) and 869(6)(b)&(c)
Informant: Mr S Mulcay - Senior Stipendiary Steward
JockeysandTrainer: Mr O Gillies - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: e92da609ff8468da54b22b9c2aea533c
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 0d1231a6be720c7a6d355c22aa2111a3
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 18/06/2021
meet_title: Auckland TC - 18 June 2021
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: BScott
meet_pm1: AGodsalve
meet_pm2: none
name: Auckland TC