Auckland TC 4 November 2011 – R 1
ID: JCA16624
Meet Title:
Auckland TC - 4 November 2011
Meet Chair:
BScott
Meet Committee Member 1:
ADooley
Race Date:
2011/11/04
Race Number:
R 1
Decision:
The Committee finds that the charge having been admitted is proved.
Penalty:
The Committee accordingly imposes a fine of $200 on Mr Macfarlane.
Charge:
Breach of Push Out Rules.
Facts:
An Information was lodged by Stipendiary Stewart Mr J M Muirhead against Mr T Macfarlane the Driver of PACIFIC WARRIOR alleging that Mr Macfarlane improved PACIFIC WARRIOR outward to three wide forcing BACHELORS DELIGHT (Driver B Mangos) wider on the track the incident occurring with approximately 1200 metres to run.
Mr Macfarlane was present at the Hearing and advised this Committee that he did admit the breach.
Rule 869(4) provides:
“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.”
Rule 869(6)(b) provides:
“A horse making a forward movement 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 outwards once the nose of the wider runner coming forward is in line with or past it’s sulky wheel and until the wider runner going forward is fully past.”
Mr Muirhead demonstrated the incident by use of the video films and this clearly showed Mr Macfarlane moving three wide and in doing so he forced BACHELORS DELIGHT to race wider on the track. Mr Macfarlane appeared to be following the horse in front of him but whereas that horse had room to move out Mr Macfarlane did not.
Mr Macfarlane acknowledged that he had moved three wide and he was trying to follow the horse in front of him and he did acknowledge that he pushed BACHELORS DELIGHT wider on the track when he was not entitled to do so.
Submissions for Penalty:
Mr Muirhead said that the JCA Guidelines provided for a starting point fine of $250.00 but he also acknowledged that Mr Macfarlane had a good record and this matter was at the lower end of the scale.
Mr Macfarlane did not make any submissions as to penalty.
Reasons for Penalty:
The Committee has listened to the evidence presented to it and has reviewed the films again. The incident is clearly shown on the films.
Mr Macfarlane does appear to be trying to follow the horse in front of him but he has made a mistake because BACHELORS DELIGHT had already moved up past Mr Macfarlane’s sulky wheel. In our view it was an error of judgment on Mr Macfarlane’s part and the incident was at the lower end of the scale.
The Committee has perused the JCA Penalty Schedules in regard to charges under this Rule.
Mr Macfarlane is given credit for a good driving record, the fact that this was at the lower end of the scale and essentially it was an error of judgment and the Committee believes that a fine of $200.00 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: cdbf2b05c0059d79623bde3e16dee76b
informantnumber: 66820
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 04/11/2011
hearing_title: Auckland TC 4 November 2011 - R 1
charge:
Breach of Push Out Rules.
facts:
An Information was lodged by Stipendiary Stewart Mr J M Muirhead against Mr T Macfarlane the Driver of PACIFIC WARRIOR alleging that Mr Macfarlane improved PACIFIC WARRIOR outward to three wide forcing BACHELORS DELIGHT (Driver B Mangos) wider on the track the incident occurring with approximately 1200 metres to run.
Mr Macfarlane was present at the Hearing and advised this Committee that he did admit the breach.
Rule 869(4) provides:
“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.”
Rule 869(6)(b) provides:
“A horse making a forward movement 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 outwards once the nose of the wider runner coming forward is in line with or past it’s sulky wheel and until the wider runner going forward is fully past.”
Mr Muirhead demonstrated the incident by use of the video films and this clearly showed Mr Macfarlane moving three wide and in doing so he forced BACHELORS DELIGHT to race wider on the track. Mr Macfarlane appeared to be following the horse in front of him but whereas that horse had room to move out Mr Macfarlane did not.
Mr Macfarlane acknowledged that he had moved three wide and he was trying to follow the horse in front of him and he did acknowledge that he pushed BACHELORS DELIGHT wider on the track when he was not entitled to do so.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The Committee finds that the charge having been admitted is proved.
sumissionsforpenalty:
Mr Muirhead said that the JCA Guidelines provided for a starting point fine of $250.00 but he also acknowledged that Mr Macfarlane had a good record and this matter was at the lower end of the scale.
Mr Macfarlane did not make any submissions as to penalty.
reasonsforpenalty:
The Committee has listened to the evidence presented to it and has reviewed the films again. The incident is clearly shown on the films.
Mr Macfarlane does appear to be trying to follow the horse in front of him but he has made a mistake because BACHELORS DELIGHT had already moved up past Mr Macfarlane’s sulky wheel. In our view it was an error of judgment on Mr Macfarlane’s part and the incident was at the lower end of the scale.
The Committee has perused the JCA Penalty Schedules in regard to charges under this Rule.
Mr Macfarlane is given credit for a good driving record, the fact that this was at the lower end of the scale and essentially it was an error of judgment and the Committee believes that a fine of $200.00 is appropriate.
penalty:
The Committee accordingly imposes a fine of $200 on Mr Macfarlane.
hearing_type: Hearing
Rules: 869(4), 869(6)(b) & 869(6)(c)
Informant: Mr J M Muirhead - Stipendiary Steward
JockeysandTrainer: Mr T Macfarlane - Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: e8901d6dd51d8a9aebaaa17e26f64680
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 33158a641c8b25ea428e0b5923392996
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 04/11/2011
meet_title: Auckland TC - 4 November 2011
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