Cheviot HRC 4 March 2012 – R 11
ID: JCA11176
Meet Title:
Cheviot HRC - 4 March 2012
Meet Chair:
JPhelan
Meet Committee Member 1:
SChing
Race Date:
2012/03/04
Race Number:
R 11
Decision:
The charge was found to be proved.
Penalty:
Mr Trainor was fined the sum of $150-00.
Charge:
Alleged breach of Rules 869(4) and (6)(b) and (c)
Facts:
Following the running of Race 11, the Copthorne Commodore Hotel Christchurch Airport Mobile Pace, an Information was filed by Stipendiary Steward Mr N. M. Ydgren against Junior Horseman Mr J. E. Trainor, the driver of “Lillybrook” (7), alleging a breach of Rules 869(4) and (6)(b) and (c) in that he was in breach of the “push out” rule.
The charge reads as follows:
“I the above named informant allege that the above named Respondent committed a breach of Rule 869(6)(b) and (c) and (4) (in that) you allowed your horse to ease K C Pedro wider on the track with approx. 1850m to run.”
Rules 869(4) and (6)(b) and (c) read 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:-
(a) …..
(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.”
Mr Trainor is a Junior Horseman and he was assisted at this hearing by Open Horseman Mr D. J. Dunn. Mr Trainor had indicated on the Information that this breach of the Rules was admitted and he also agreed that he understood the charge and the Rules it was brought under.
Submissions for Decision:
Mr Ydgren gave evidence and used video coverage to show that with about 1850 metres to run Mr Trainor had moved into the two wide to follow the horse he was trailing. In doing so he had pushed “K C Pedro” (Mr M. J. Williamson) three wide, and in breach of the “push out” Rule. Mr Ydgren accepted that there was nothing deliberate in Mr Trainor’s actions, and that it was simply an error of judgement.
Mr Dunn said that Mr Trainor believed at the time that he was clear when he made this move.
Reasons for Decision:
As Mr Trainor had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Submissions for Penalty:
In relation to penalty Mr Ydgren advised that Mr Trainor had a clear record, and as the breach was admitted submitted that a fine of $200-00 should be imposed. It was established that Mr Trainor had been a licensed Junior Horseman since 1 August 2011 and had had 68 race day drives. Mr Ydgren also advised that the driver of K C Pedro had confirmed that his chances had not been affected by this breach.
Mr Dunn made submissions that a fine of $200-00 was severe in the circumstances and referred to the cases of three senior horseman who had recently been fined $150-00.
We adjourned to consider the matter of penalty.
Reasons for Penalty:
In considering the matter of an appropriate penalty we took into account that Mr Trainor had admitted the breach and also that he had not previously breached this Rule. It was also relevant that Mr Trainor is an inexperienced Junior Horseman, and that the breach was due to an error of judgement. In addition there were no adverse effects on K C Pedro.
We looked at previous penalties imposed and found that Junior Horsemen had been fined $150-00 and $175-00 recently. We were satisfied that there were several mitigating factors in this case (see above) and that Mr Trainor would be fined the sum of $150-00.
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: 10045e5042578167839ad77170d1d850
informantnumber: A5155
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 28/02/2012
hearing_title: Cheviot HRC 4 March 2012 - R 11
charge:
Alleged breach of Rules 869(4) and (6)(b) and (c)
facts:
Following the running of Race 11, the Copthorne Commodore Hotel Christchurch Airport Mobile Pace, an Information was filed by Stipendiary Steward Mr N. M. Ydgren against Junior Horseman Mr J. E. Trainor, the driver of “Lillybrook” (7), alleging a breach of Rules 869(4) and (6)(b) and (c) in that he was in breach of the “push out” rule.
The charge reads as follows:
“I the above named informant allege that the above named Respondent committed a breach of Rule 869(6)(b) and (c) and (4) (in that) you allowed your horse to ease K C Pedro wider on the track with approx. 1850m to run.”
Rules 869(4) and (6)(b) and (c) read 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:-
(a) …..
(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.”
Mr Trainor is a Junior Horseman and he was assisted at this hearing by Open Horseman Mr D. J. Dunn. Mr Trainor had indicated on the Information that this breach of the Rules was admitted and he also agreed that he understood the charge and the Rules it was brought under.
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren gave evidence and used video coverage to show that with about 1850 metres to run Mr Trainor had moved into the two wide to follow the horse he was trailing. In doing so he had pushed “K C Pedro” (Mr M. J. Williamson) three wide, and in breach of the “push out” Rule. Mr Ydgren accepted that there was nothing deliberate in Mr Trainor’s actions, and that it was simply an error of judgement.
Mr Dunn said that Mr Trainor believed at the time that he was clear when he made this move.
reasonsfordecision:
As Mr Trainor had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Decision:
The charge was found to be proved.
sumissionsforpenalty:
In relation to penalty Mr Ydgren advised that Mr Trainor had a clear record, and as the breach was admitted submitted that a fine of $200-00 should be imposed. It was established that Mr Trainor had been a licensed Junior Horseman since 1 August 2011 and had had 68 race day drives. Mr Ydgren also advised that the driver of K C Pedro had confirmed that his chances had not been affected by this breach.
Mr Dunn made submissions that a fine of $200-00 was severe in the circumstances and referred to the cases of three senior horseman who had recently been fined $150-00.
We adjourned to consider the matter of penalty.
reasonsforpenalty:
In considering the matter of an appropriate penalty we took into account that Mr Trainor had admitted the breach and also that he had not previously breached this Rule. It was also relevant that Mr Trainor is an inexperienced Junior Horseman, and that the breach was due to an error of judgement. In addition there were no adverse effects on K C Pedro.
We looked at previous penalties imposed and found that Junior Horsemen had been fined $150-00 and $175-00 recently. We were satisfied that there were several mitigating factors in this case (see above) and that Mr Trainor would be fined the sum of $150-00.
penalty:
Mr Trainor was fined the sum of $150-00.
hearing_type: Hearing
Rules: 869(4) and (6)(b) and (c)
Informant: Mr N M Ydgren - Stipendiary Steward
JockeysandTrainer: Mr J E Trainor - Junior Horseman
Otherperson: Mr D J Dunn - Open Horseman
PersonPresent:
Respondent:
StipendSteward:
raceid: b5b852ea32c2529193ce0956a09ddf1e
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 11
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 00fa408488973f81dbc08e7188fd497f
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 04/03/2012
meet_title: Cheviot HRC - 4 March 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: cheviot-hrc
meet_racingtype: harness-racing
meet_chair: JPhelan
meet_pm1: SChing
meet_pm2: none
name: Cheviot HRC