Banks Peninsula TC 25 May 2014 – R 3
ID: JCA14909
Meet Title:
Banks Peninsula TC - 25 May 2014
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2014/05/25
Race Number:
R 3
Decision:
The charge was found proved.
Penalty:
Mr Orange was fined the sum of $200.00.
Facts:
Following the running of Race 3, Dakins Rent-A-Loo Trot, an information was filed by Stipendiary Steward, Mr R A Quirk, against Licensed Open Horseman, Mr B N Orange, alleging that Mr Orange, as the driver of LONGBEACH LAD in the race, “racing about the 1700 metres he improved his position outwards which caused ENTHRAL (M P Edmonds) to be shifted wider on the track”.
Mr Orange was present at the hearing of the information, and he indicated that he denied the breach.
Rule 869 provides 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 movement 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.
Submissions for Decision:
Mr Quirk showed video replays of the incident, with approximately 1700 metres to run, from a number of different angles. He pointed out ENTHRAL, driven by Mr Edmonds, racing in 6th position in the 2-wide line following PRICE OF FAME (T S Trathen). LONGBEACH LAD, driven by Mr Orange, was racing 3-back on the markers on the inside of Mr Trathen.
Mr Quirk said that the Stewards were contending that Mr Orange had come away from the markers and pushed Mr Edmonds 3-wide when not entitled to do so.
Mr Edmonds said that it had been his intention to move up into the spot that Mr Trathen had vacated when he, Mr Trathen, moved out to the 3-wide line. He said that Mr Orange had moved outwards after he had got in line with Mr Orange’s sulky wheel. He was improving forward at the time. He had no intention of following Mr Trathen in the 3-wide line but was forced out into the 3-wide line. Some distance later, Mr Edmonds got back into the 2-wide line in front of Mr Orange when Mr Orange eased back.
Mr Orange submitted that Mr Edmonds was not progressing forward and that he was, therefore, entitled to come out. He was already “half off the fence”, and Mr Edmonds had not progressed forward until after Mr Orange had made his move. He referred to the video replays. He said he was fully out into the 2-wide line before Mr Edmonds had got up to his wheel. Mr Edmonds had elected to remain 3-wide, Mr Orange submitted, and then progress forward. Mr Edmonds had only progressed forward when he realised that Mr Orange was going to take Mr Trathen’s spot, Mr Orange submitted.
Reasons for Decision:
The Committee listened to the evidence and submissions of the parties and carefully viewed the video replays of the incident from all available angles.
Mr Edmonds was quite clear in his evidence when he said that Mr Orange had shifted out after the nose of his horse had got up to Mr Orange’s wheel. Mr Orange elected not to cross-examine Mr Edmonds in relation to any of the evidence that he gave. We found Mr Edmonds’ evidence quite clear and unequivocal.
Mr Orange’s defence was, essentially, that he was out into the position in the 2-wide line that Mr Trathen had vacated before the nose of Mr Edmonds’ horse had progressed to be in line with his sulky wheel. Prior to that, Mr Edmonds had not been progressing forward, Mr Orange submitted.
That was the issue that the Committee had to determine in deciding whether or not Mr Orange had breached the push-out Rule. The video replays were most helpful in our determining the issue.
Although this was not a clear-cut case, the Committee was satisfied that, after Mr Trathen had eased out from 2-wide into the 3-wide line, Mr Orange, who had been racing on Mr Trathen’s inner, shifted out to take up the position that Mr Trathen had vacated. Mr Edmonds told us that it was his intention to take up that position rather than to race 3-wide, which he was forced to do for some distance, until Mr Orange appeared to ease back and let him back in.
The Committee was not satisfied that Mr Orange was fully out into the 2-wide line before Mr Edmonds had progressed to be in line with his sulky wheel. We found that, when Mr Orange made that outwards movement, the nose of Mr Edmonds’ horse was at least in line with Mr Orange’s sulky wheel. We further found that Mr Edmonds was at all relevant times going forward and was forced to race wider on the track.
Mr Orange’s actions amounted to a breach of the push-out Rule.
Submissions for Penalty:
Mr Quirk submitted that the breach was at the bottom end of the scale. Furthermore, it had no bearing on the outcome of the race. Mr Orange had a clear record under the Rule, Mr Quirk said.
He referred to the Penalty Guide which suggested a starting point for penalty for a breach of the Rule of 8 drives or a fine of $400. In the circumstances, he submitted, a fine of no more than $200 was appropriate.
Reasons for Penalty:
The Committee agreed with Mr Quirk’s submission that the breach was a minor one, involving a minor error of judgement on Mr Orange’s part. We noted that Mr Orange allowed Mr Edmonds to get back into the 2-wide line after a short distance, so the inconvenience to Mr Edmonds’ horse was minimal. Another mitigating factor was Mr Orange’s clear record. Although Mr Orange could not receive credit for admitting the breach, the Committee was satisfied that a fine of no more than $200 was warranted in all of the circumstances, particularly having regard to the minor nature of the breach.
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: 8ab8a2cd03183983e31dc81cefb49146
informantnumber: A6701
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of push-out rule
plea: denied
penaltyrequired: 1
decisiondate: 26/05/2014
hearing_title: Banks Peninsula TC 25 May 2014 - R 3
charge:
facts:
Following the running of Race 3, Dakins Rent-A-Loo Trot, an information was filed by Stipendiary Steward, Mr R A Quirk, against Licensed Open Horseman, Mr B N Orange, alleging that Mr Orange, as the driver of LONGBEACH LAD in the race, “racing about the 1700 metres he improved his position outwards which caused ENTHRAL (M P Edmonds) to be shifted wider on the track”.
Mr Orange was present at the hearing of the information, and he indicated that he denied the breach.
Rule 869 provides 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 movement 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.
appealdecision:
isappeal:
submissionsfordecision:
Mr Quirk showed video replays of the incident, with approximately 1700 metres to run, from a number of different angles. He pointed out ENTHRAL, driven by Mr Edmonds, racing in 6th position in the 2-wide line following PRICE OF FAME (T S Trathen). LONGBEACH LAD, driven by Mr Orange, was racing 3-back on the markers on the inside of Mr Trathen.
Mr Quirk said that the Stewards were contending that Mr Orange had come away from the markers and pushed Mr Edmonds 3-wide when not entitled to do so.
Mr Edmonds said that it had been his intention to move up into the spot that Mr Trathen had vacated when he, Mr Trathen, moved out to the 3-wide line. He said that Mr Orange had moved outwards after he had got in line with Mr Orange’s sulky wheel. He was improving forward at the time. He had no intention of following Mr Trathen in the 3-wide line but was forced out into the 3-wide line. Some distance later, Mr Edmonds got back into the 2-wide line in front of Mr Orange when Mr Orange eased back.
Mr Orange submitted that Mr Edmonds was not progressing forward and that he was, therefore, entitled to come out. He was already “half off the fence”, and Mr Edmonds had not progressed forward until after Mr Orange had made his move. He referred to the video replays. He said he was fully out into the 2-wide line before Mr Edmonds had got up to his wheel. Mr Edmonds had elected to remain 3-wide, Mr Orange submitted, and then progress forward. Mr Edmonds had only progressed forward when he realised that Mr Orange was going to take Mr Trathen’s spot, Mr Orange submitted.
reasonsfordecision:
The Committee listened to the evidence and submissions of the parties and carefully viewed the video replays of the incident from all available angles.
Mr Edmonds was quite clear in his evidence when he said that Mr Orange had shifted out after the nose of his horse had got up to Mr Orange’s wheel. Mr Orange elected not to cross-examine Mr Edmonds in relation to any of the evidence that he gave. We found Mr Edmonds’ evidence quite clear and unequivocal.
Mr Orange’s defence was, essentially, that he was out into the position in the 2-wide line that Mr Trathen had vacated before the nose of Mr Edmonds’ horse had progressed to be in line with his sulky wheel. Prior to that, Mr Edmonds had not been progressing forward, Mr Orange submitted.
That was the issue that the Committee had to determine in deciding whether or not Mr Orange had breached the push-out Rule. The video replays were most helpful in our determining the issue.
Although this was not a clear-cut case, the Committee was satisfied that, after Mr Trathen had eased out from 2-wide into the 3-wide line, Mr Orange, who had been racing on Mr Trathen’s inner, shifted out to take up the position that Mr Trathen had vacated. Mr Edmonds told us that it was his intention to take up that position rather than to race 3-wide, which he was forced to do for some distance, until Mr Orange appeared to ease back and let him back in.
The Committee was not satisfied that Mr Orange was fully out into the 2-wide line before Mr Edmonds had progressed to be in line with his sulky wheel. We found that, when Mr Orange made that outwards movement, the nose of Mr Edmonds’ horse was at least in line with Mr Orange’s sulky wheel. We further found that Mr Edmonds was at all relevant times going forward and was forced to race wider on the track.
Mr Orange’s actions amounted to a breach of the push-out Rule.
Decision:
The charge was found proved.
sumissionsforpenalty:
Mr Quirk submitted that the breach was at the bottom end of the scale. Furthermore, it had no bearing on the outcome of the race. Mr Orange had a clear record under the Rule, Mr Quirk said.
He referred to the Penalty Guide which suggested a starting point for penalty for a breach of the Rule of 8 drives or a fine of $400. In the circumstances, he submitted, a fine of no more than $200 was appropriate.
reasonsforpenalty:
The Committee agreed with Mr Quirk’s submission that the breach was a minor one, involving a minor error of judgement on Mr Orange’s part. We noted that Mr Orange allowed Mr Edmonds to get back into the 2-wide line after a short distance, so the inconvenience to Mr Edmonds’ horse was minimal. Another mitigating factor was Mr Orange’s clear record. Although Mr Orange could not receive credit for admitting the breach, the Committee was satisfied that a fine of no more than $200 was warranted in all of the circumstances, particularly having regard to the minor nature of the breach.
penalty:
Mr Orange was fined the sum of $200.00.
hearing_type: Hearing
Rules: 869(4) and 6(b)& (c)
Informant: RA Quirk - Stipendiary Steward
JockeysandTrainer: BN Orange - Licensed Open Horseman
Otherperson: MP Edmonds - Licensed Open Horseman
PersonPresent:
Respondent:
StipendSteward:
raceid: 8147398965a2e3f62232e8f6e61946b6
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 5b7f9ddb709b35fc29b1658170e3cf83
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 25/05/2014
meet_title: Banks Peninsula TC - 25 May 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: banks-peninsula-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: SChing
meet_pm2: none
name: Banks Peninsula TC