Auckland TC 3 May 2013 – R 8
ID: JCA17474
Meet Title:
Auckland TC - 3 May 2013
Meet Chair:
BScott
Meet Committee Member 1:
GJones
Race Date:
2013/05/03
Race Number:
R8
Decision:
The charge having been admitted is upheld.
Penalty:
This Committee orders that Ms Rasmussen's Drivers License is suspended from the conclusion of racing today the 3rd of May 2013 up to and inclusive of the 28th of July 2013. (We have calculated that to be 19 driving days).
In addition to that the Committee orders that Ms Rasmussen be fined the sum of $600.00.
Charge:
Breach of Rule 868(2) - Failing to take all reasonable and permissible measures to obtain the best possible position and/or finishing place.
Facts:
An Information was lodged by Stipendiary Steward Mr J M Muirhead against Licensed Open Horsewoman Ms N Rasmussen alleging that Ms Rasmussen failed to take all reasonable and permissible measures available to her inside the final 1400 metres of the race to ensure that her horse BEST DEAL YET was given every and full opportunity to obtain the best possible finishing place.
Ms Rasmussen was present and advised this Committee that she admitted the breach.
Rule 868(2) provides:
"Every horseman shall take all reasonable and permissible measures at all times during the race to ensure that his horse is given full opportunity to win the race or to obtain the best possible position and/or finishing place".
At the beginning of the Hearing the Committee took the opportunity to explain to Ms Rasmussen the seriousness of the charge.
It was explained to Ms Rasmussen that the starting point penalty for a breach of this Rule in a major race was a suspension of license for 50 drives or a $2,500.00 fine. Ms Rasmussen was given the opportunity to seek an adjournment to consider penalty but she advised the Committee that she had taken advice already and that she wished the matter to be dealt with by this Committee.
Mr Muirhead demonstrated the incident by use of the video film and he showed where Ms Rasmussen's horse was four back on the inside in the early part of the race but prior to the 1500 metre mark and for sometime after that she did not have any horses on her outside. It was a field of only seven horses.
Mr Muirhead pointed to the fact that BETTER COVER LOVER was one out without cover and that JASON RULZ was trailing behind it. He said that Ms Rasmussen had ample opportunity to move her horse out to the position one out to sit behind JASON RULZ and he submitted that from there she would have had better opportunities for her horse. He pointed out that from the 1400 metre mark Ms Rasmussen had several opportunities to move out to obtain a better position for her horse but did not do so and that prior to the home turn LETS ELOPE (Driver M McKendry) had moved outside her and her horse was last into the straight.
Mr Muirhead pointed out that Ms Rasmussen finally was able to get her horse out with 250 metres to run and then failed to find any racing room. He showed that at the finish Ms Rasmussen's horse BEST DEAL YET finished full of running in behind JASON RULZ (who was second) and that she had a horse on her outside and a horse on her inside.
Mr Muirhead said that Ms Rasmussen had shown bad judgment but he said that when he interviewed her she was very frank and open and agreed that she drove her horse poorly.
Ms Rasmussen then said that she agreed with everything that Mr Muirhead had submitted to the Committee. She did say that she hesitated initially because BETTER COVER LOVER had done some work to get to the one out position and that in her opinion JASON RULZ had been disappointing the week before. She also said that her horse was one of the outsiders in the Race.
She acknowledged however that it was a poor drive and she had not given her horse every chance.
Submissions for Penalty:
Mr Muirhead referred to Rule 1114(2) and to the various parts of that Rule. Rule 1114(2) provides:
"On finding a breach proved the Judicial Committee may impose any penalty and/or affect any remedy provided by these Rules. In imposing a penalty or affecting any remedy provided in these Rules the Judicial Committee may have regard for such matters as they consider appropriate including:
(a) the status of the race;
(b) the stake payable in respect to the race;
(c) any consequential effects upon any person or horse as a result of the breach of the Rule;
(d) the need to maintain integrity and public confidence in Harness Racing."
Mr Muirhead pointed out that it was a Group 1 race and that the total stake was $100,000.00. Mr Muirhead also pointed to the consequential effects on not only the owners of the horse but also the betting public and he particularly pointed to the need to maintain integrity in Harness Racing.
Mr Muirhead then referred to the JCA Guidelines and acknowledged that the starting point penalties had been advised to Ms Rasmussen by the Committee at the commencement of the Hearing. He said again that Ms Rasmussen had been open and co-operative and had admitted the breach and that she had a good record. He said however that it was a bad drive and he submitted that the Committee should suspend Ms Rasmussen's license for three months.
Mr Muirhead also submitted that a combination of suspension and fine might also be appropriate.
In answer to a question from the Committee, Mr Muirhead said that the offence was towards the upper level of the scale of seriousness.
Ms Rasmussen for her part said that she acknowledged everything that had been presented to the Committee but said that she does not drive that often and submitted that a fine would be appropriate.
Reasons for Penalty:
The Committee has viewed the films several times and they show quite clearly that BEST DEAL YET appeared to be full of running at the end of the race and it had nowhere to go. The Committee's view is that from any angle this was a bad drive by Ms Rasmussen because she had ample opportunity to move out with her horse from at least the 1400 metre mark onwards and she chose not to do so.
Ms Rasmussen has pointed out to us that her horse was an outsider in the field but as far as we are concerned that is not a justifiable reason for a bad drive. BEST DEAL YET is trained by one of the country's leading Trainers and as a result would have attracted some betting and those who wagered on that horse were not given a chance. The owners also lost out. There were consequential effects on the owners of the horse and the betting public as a result of Ms Rasmussen's drive.
As far as the Committee is concerned the damage was done before the horses entered the home straight and that Ms Rasmussen missed every opportunity from the 1400 metre mark onwards to improve the position of her horse.
There is also a need to maintain the integrity of and confidence in Harness Racing and as far as the Committee is concerned Ms Rasmussen's drive did not meet the required standards.
The Committee believes that the offending was at the upper end of the scale of seriousness and all the above matters are all aggravating features as far as the Committee is concerned.
It is hard to find mitigating features apart from Ms Rasmussen's good record. Certainly she has admitted the breach and as far as we are concerned she had no option other than to admit it. The evidence is very clear.
The Committee believes that a suspension of Ms Rasmussen's Drivers Licence for a significant period together with a fine is an appropriate penalty.
The Committee has reviewed Ms Rasmussen's driving opportunities in the coming months.
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: e84fd6a58dbfb8eda936f90dfa6d3949
informantnumber: A4641
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 07/05/2013
hearing_title: Auckland TC 3 May 2013 - R 8
charge:
Breach of Rule 868(2) - Failing to take all reasonable and permissible measures to obtain the best possible position and/or finishing place.
facts:
An Information was lodged by Stipendiary Steward Mr J M Muirhead against Licensed Open Horsewoman Ms N Rasmussen alleging that Ms Rasmussen failed to take all reasonable and permissible measures available to her inside the final 1400 metres of the race to ensure that her horse BEST DEAL YET was given every and full opportunity to obtain the best possible finishing place.
Ms Rasmussen was present and advised this Committee that she admitted the breach.
Rule 868(2) provides:
"Every horseman shall take all reasonable and permissible measures at all times during the race to ensure that his horse is given full opportunity to win the race or to obtain the best possible position and/or finishing place".
At the beginning of the Hearing the Committee took the opportunity to explain to Ms Rasmussen the seriousness of the charge.
It was explained to Ms Rasmussen that the starting point penalty for a breach of this Rule in a major race was a suspension of license for 50 drives or a $2,500.00 fine. Ms Rasmussen was given the opportunity to seek an adjournment to consider penalty but she advised the Committee that she had taken advice already and that she wished the matter to be dealt with by this Committee.
Mr Muirhead demonstrated the incident by use of the video film and he showed where Ms Rasmussen's horse was four back on the inside in the early part of the race but prior to the 1500 metre mark and for sometime after that she did not have any horses on her outside. It was a field of only seven horses.
Mr Muirhead pointed to the fact that BETTER COVER LOVER was one out without cover and that JASON RULZ was trailing behind it. He said that Ms Rasmussen had ample opportunity to move her horse out to the position one out to sit behind JASON RULZ and he submitted that from there she would have had better opportunities for her horse. He pointed out that from the 1400 metre mark Ms Rasmussen had several opportunities to move out to obtain a better position for her horse but did not do so and that prior to the home turn LETS ELOPE (Driver M McKendry) had moved outside her and her horse was last into the straight.
Mr Muirhead pointed out that Ms Rasmussen finally was able to get her horse out with 250 metres to run and then failed to find any racing room. He showed that at the finish Ms Rasmussen's horse BEST DEAL YET finished full of running in behind JASON RULZ (who was second) and that she had a horse on her outside and a horse on her inside.
Mr Muirhead said that Ms Rasmussen had shown bad judgment but he said that when he interviewed her she was very frank and open and agreed that she drove her horse poorly.
Ms Rasmussen then said that she agreed with everything that Mr Muirhead had submitted to the Committee. She did say that she hesitated initially because BETTER COVER LOVER had done some work to get to the one out position and that in her opinion JASON RULZ had been disappointing the week before. She also said that her horse was one of the outsiders in the Race.
She acknowledged however that it was a poor drive and she had not given her horse every chance.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The charge having been admitted is upheld.
sumissionsforpenalty:
Mr Muirhead referred to Rule 1114(2) and to the various parts of that Rule. Rule 1114(2) provides:
"On finding a breach proved the Judicial Committee may impose any penalty and/or affect any remedy provided by these Rules. In imposing a penalty or affecting any remedy provided in these Rules the Judicial Committee may have regard for such matters as they consider appropriate including:
(a) the status of the race;
(b) the stake payable in respect to the race;
(c) any consequential effects upon any person or horse as a result of the breach of the Rule;
(d) the need to maintain integrity and public confidence in Harness Racing."
Mr Muirhead pointed out that it was a Group 1 race and that the total stake was $100,000.00. Mr Muirhead also pointed to the consequential effects on not only the owners of the horse but also the betting public and he particularly pointed to the need to maintain integrity in Harness Racing.
Mr Muirhead then referred to the JCA Guidelines and acknowledged that the starting point penalties had been advised to Ms Rasmussen by the Committee at the commencement of the Hearing. He said again that Ms Rasmussen had been open and co-operative and had admitted the breach and that she had a good record. He said however that it was a bad drive and he submitted that the Committee should suspend Ms Rasmussen's license for three months.
Mr Muirhead also submitted that a combination of suspension and fine might also be appropriate.
In answer to a question from the Committee, Mr Muirhead said that the offence was towards the upper level of the scale of seriousness.
Ms Rasmussen for her part said that she acknowledged everything that had been presented to the Committee but said that she does not drive that often and submitted that a fine would be appropriate.
reasonsforpenalty:
The Committee has viewed the films several times and they show quite clearly that BEST DEAL YET appeared to be full of running at the end of the race and it had nowhere to go. The Committee's view is that from any angle this was a bad drive by Ms Rasmussen because she had ample opportunity to move out with her horse from at least the 1400 metre mark onwards and she chose not to do so.
Ms Rasmussen has pointed out to us that her horse was an outsider in the field but as far as we are concerned that is not a justifiable reason for a bad drive. BEST DEAL YET is trained by one of the country's leading Trainers and as a result would have attracted some betting and those who wagered on that horse were not given a chance. The owners also lost out. There were consequential effects on the owners of the horse and the betting public as a result of Ms Rasmussen's drive.
As far as the Committee is concerned the damage was done before the horses entered the home straight and that Ms Rasmussen missed every opportunity from the 1400 metre mark onwards to improve the position of her horse.
There is also a need to maintain the integrity of and confidence in Harness Racing and as far as the Committee is concerned Ms Rasmussen's drive did not meet the required standards.
The Committee believes that the offending was at the upper end of the scale of seriousness and all the above matters are all aggravating features as far as the Committee is concerned.
It is hard to find mitigating features apart from Ms Rasmussen's good record. Certainly she has admitted the breach and as far as we are concerned she had no option other than to admit it. The evidence is very clear.
The Committee believes that a suspension of Ms Rasmussen's Drivers Licence for a significant period together with a fine is an appropriate penalty.
The Committee has reviewed Ms Rasmussen's driving opportunities in the coming months.
penalty:
This Committee orders that Ms Rasmussen's Drivers License is suspended from the conclusion of racing today the 3rd of May 2013 up to and inclusive of the 28th of July 2013. (We have calculated that to be 19 driving days).
In addition to that the Committee orders that Ms Rasmussen be fined the sum of $600.00.
hearing_type: Hearing
Rules: Rules 868(2) and 1114(2)
Informant: Mr J M Muirhead - Stipendiary Steward
JockeysandTrainer: Ms N Rasmussen - Licensed Open Horsewoman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 8ed5792a95e607d2a23626b9de65e850
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: ae9843f57afa3d2e6ee25a7d56c41338
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 03/05/2013
meet_title: Auckland TC - 3 May 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: BScott
meet_pm1: GJones
meet_pm2: none
name: Auckland TC