Forbury Park TC 21 July 2011 – R 5
ID: JCA14611
Meet Title:
Forbury Park TC - 21 July 2011
Meet Chair:
GHall
Meet Committee Member 1:
DSteel
Race Date:
2011/07/21
Race Number:
R5
Decision:
The defendant has admitted the breach, which we thus find proved.
Penalty:
Mr Smith is suspended from the end of racing on 22 July up to and including 29 July.
Charge:
Mr Allison alleged that Mr Smith shifted his horse BET AWAY outwards when not sufficiently clear to do so, which in turn caused MAGIC EDITION (J Cox) to gallop and lose its chance.
Facts:
Shortly before turning for home the defendant in order to find clear racing room commenced to push out Mr Cox. He continued to do so despite Mr Cox repeatedly calling for room. The consequence was BET AWAY came into contact with MAGIC EDITION, which was unable to move out further on the track as that horse did not have an advantage on EMALINE FRANCO, which was on its outer. MAGIC EDITION was thus forced to race in ever tightening quarters and eventually broke and lost all chance
Submissions for Penalty:
Mr Allison stated the aggravating feature was that BET AWAY, a favoured runner, had been relegated from first to last as a consequence of the defendant’s actions.
Mr Allison produced the defendant’s record, which showed 2 previous breaches of r 869(4) last year and a breach of r 869(3)(b) in April last at a premier meeting, which involved him causing his own horse to break. He was fined $500 on that occasion. He submitted a 2 to 3 day suspension was appropriate in light of this record.
Mr Smith asked for 2 days.
Reasons for Penalty:
The consequence of the defendant’s breach of r 869(3)(b) was that BET AWAY was relegated from first to last. However, we note the outwards movement by the defendant was not abrupt, but when he was aware Mr Cox was yelling for room he should have ceased pushing out, but failed to do so.
An aggravating feature is the fact that BET AWAY was relegated as a consequence of Mr Smith’s actions and also his record. On the other side of the ledger is the fact that the defendant has admitted the breach at the earliest opportunity.
The Penalty Guide suggests a starting point of 10 drives or a $500 fine, which we adopt. Mr Smith averages about 5 drives a meeting. We believe the aggravating and mitigating factors balance each other out and impose a 2 day suspension.
JCA Decision Fields (raw)
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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: 99d08b4ed311e5932b9df8cd7a156a4c
informantnumber: 68881
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 21/07/2011
hearing_title: Forbury Park TC 21 July 2011 - R 5
charge:
Mr Allison alleged that Mr Smith shifted his horse BET AWAY outwards when not sufficiently clear to do so, which in turn caused MAGIC EDITION (J Cox) to gallop and lose its chance.
facts:
Shortly before turning for home the defendant in order to find clear racing room commenced to push out Mr Cox. He continued to do so despite Mr Cox repeatedly calling for room. The consequence was BET AWAY came into contact with MAGIC EDITION, which was unable to move out further on the track as that horse did not have an advantage on EMALINE FRANCO, which was on its outer. MAGIC EDITION was thus forced to race in ever tightening quarters and eventually broke and lost all chance
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The defendant has admitted the breach, which we thus find proved.
sumissionsforpenalty:
Mr Allison stated the aggravating feature was that BET AWAY, a favoured runner, had been relegated from first to last as a consequence of the defendant’s actions.
Mr Allison produced the defendant’s record, which showed 2 previous breaches of r 869(4) last year and a breach of r 869(3)(b) in April last at a premier meeting, which involved him causing his own horse to break. He was fined $500 on that occasion. He submitted a 2 to 3 day suspension was appropriate in light of this record.
Mr Smith asked for 2 days.
reasonsforpenalty:
The consequence of the defendant’s breach of r 869(3)(b) was that BET AWAY was relegated from first to last. However, we note the outwards movement by the defendant was not abrupt, but when he was aware Mr Cox was yelling for room he should have ceased pushing out, but failed to do so.
An aggravating feature is the fact that BET AWAY was relegated as a consequence of Mr Smith’s actions and also his record. On the other side of the ledger is the fact that the defendant has admitted the breach at the earliest opportunity.
The Penalty Guide suggests a starting point of 10 drives or a $500 fine, which we adopt. Mr Smith averages about 5 drives a meeting. We believe the aggravating and mitigating factors balance each other out and impose a 2 day suspension.
penalty:
Mr Smith is suspended from the end of racing on 22 July up to and including 29 July.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr C Allison - Stipendiary Steward
JockeysandTrainer: Mr Smith - Driver of BET AWAY
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 927d47a39f34a2b7460b3525606de9ed
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: 955302cf73f8dd6fc61518bd4f4e8013
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 21/07/2011
meet_title: Forbury Park TC - 21 July 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: forbury-park-tc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: DSteel
meet_pm2: none
name: Forbury Park TC