Auckland TC 31 December 2014 – R 5
ID: JCA10799
Meet Title:
Auckland TC - 31 December 2014
Meet Chair:
BScott
Meet Committee Member 1:
ADooley
Race Date:
2014/12/31
Race Number:
R5
Decision:
The charge is admitted and is therefore proved.
Penalty:
The Committee imposes a fine of $350.00 on Mr Butcher.
Facts:
After the running of the ALABAR SIRES STAKES 3YOF CHAMPIONSHIP MBL PACE an Information was lodged by Stipendiary Steward, Mr JM Muirhead against Open Horseman, Mr Z Butcher alleging that Mr Butcher improved DEMOCRAT PARTY from 2 wide to 3 wide between the 1100 metres mark and the 1000 metres mark forcing THE ORANGE AGENT to race wider on the track.
This is known as a breach of the Pushout Rule .
Mr Butcher was present and advised the Committee that he understood the Rules and he admitted the breach.
Mr Muirhead demonstrated the incident by use of the race films and showed that at about the 1100 metres to run mark Mr Butcher was in the 2 wide line following Mr M Purdon driving SUPERSONIC MISS. Mr Purdon elected to move out 3 wide and Mr Butcher followed him but at that stage he had THE ORANGE AGENT outside him and he pushed that horse 4 wide.
Mr Butcher in explanation said that he was simply following Mr Purdon.
Submissions for Penalty:
Mr Muirhead said that the JCA Guidelines provided for starting point penalties of suspension of licence for 5 drives or a $250.00 fine.
He did however refer the Committee to Rule 1114 and said that we needed to take into account the status of the race and the stake payable. He said that in this instance the starting point penalty would normally be doubled although Mr Butcher should be given credit for his admission of the breach and his good record.
He did however say that Mr Butcher had gained an advantage by his movement and he submitted that a fine of $400.00 was appropriate.
Mr Butcher said he was merely following Mr Purdon and even though he moved out he did not really affect THE ORANGE AGENT because it was racing erratically.
Reasons for Penalty:
The Committee has listened to the submissions of both parties and we have viewed the films . The films are very clear.
Mr Butcher has breached the " Pushout Rule" but it is doubtful whether he has gained an advantage.
We have checked our JCA Penalty statistics and we have given Mr Butcher credit for his admission of the breach and his good record.
We have taken into account the provisions of Rule 1114 and we believe that a fine slightly less than that submitted by Mr Muirhead is appropriate.
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: 14144398bc5ed2e180c8b50786d06e14
informantnumber: A7403
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of Pushout Rule
plea: admitted
penaltyrequired: 1
decisiondate: 29/12/2014
hearing_title: Auckland TC 31 December 2014 - R 5
charge:
facts:
After the running of the ALABAR SIRES STAKES 3YOF CHAMPIONSHIP MBL PACE an Information was lodged by Stipendiary Steward, Mr JM Muirhead against Open Horseman, Mr Z Butcher alleging that Mr Butcher improved DEMOCRAT PARTY from 2 wide to 3 wide between the 1100 metres mark and the 1000 metres mark forcing THE ORANGE AGENT to race wider on the track.
This is known as a breach of the Pushout Rule .
Mr Butcher was present and advised the Committee that he understood the Rules and he admitted the breach.
Mr Muirhead demonstrated the incident by use of the race films and showed that at about the 1100 metres to run mark Mr Butcher was in the 2 wide line following Mr M Purdon driving SUPERSONIC MISS. Mr Purdon elected to move out 3 wide and Mr Butcher followed him but at that stage he had THE ORANGE AGENT outside him and he pushed that horse 4 wide.
Mr Butcher in explanation said that he was simply following Mr Purdon.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The charge is admitted and is therefore proved.
sumissionsforpenalty:
Mr Muirhead said that the JCA Guidelines provided for starting point penalties of suspension of licence for 5 drives or a $250.00 fine.
He did however refer the Committee to Rule 1114 and said that we needed to take into account the status of the race and the stake payable. He said that in this instance the starting point penalty would normally be doubled although Mr Butcher should be given credit for his admission of the breach and his good record.
He did however say that Mr Butcher had gained an advantage by his movement and he submitted that a fine of $400.00 was appropriate.
Mr Butcher said he was merely following Mr Purdon and even though he moved out he did not really affect THE ORANGE AGENT because it was racing erratically.
reasonsforpenalty:
The Committee has listened to the submissions of both parties and we have viewed the films . The films are very clear.
Mr Butcher has breached the " Pushout Rule" but it is doubtful whether he has gained an advantage.
We have checked our JCA Penalty statistics and we have given Mr Butcher credit for his admission of the breach and his good record.
We have taken into account the provisions of Rule 1114 and we believe that a fine slightly less than that submitted by Mr Muirhead is appropriate.
penalty:
The Committee imposes a fine of $350.00 on Mr Butcher.
hearing_type: Hearing
Rules: Rules 869(4) and 869(6)(b)&(c)
Informant: Mr JM Muirhead - Stipendiary Steward
JockeysandTrainer: Mr Z Butcher - Open Horseman driver of DEMOCRAT PARTY
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: d8ff0ada096f16eb52f91cebe8774424
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 5990733178d9a917b8754e4e364c1dc6
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 31/12/2014
meet_title: Auckland TC - 31 December 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: BScott
meet_pm1: ADooley
meet_pm2: none
name: Auckland TC