Forbury Park TC 27 January 2011 – R 3
ID: JCA17915
Meet Title:
Forbury Park TC - 27 January 2011
Meet Chair:
GHall
Meet Committee Member 1:
DSteel
Race Date:
2011/01/27
Race Number:
R3
Decision:
We find the breach proved.
Penalty:
We impose a fine of $200.
Charge:
Mrs Williams, stipendiary steward, alleged that Mr A Beck (NORA THE PIANIST) shifted RUBY ANN (L McCormick) wider on the track with 1800 metres to race in breach of the push out rule.
Facts:
Mrs Williams demonstrated on the video that with approximately 1800 metres to run, the defendant moved from the running line to a 2 wide position with the consequence that Mr McCormick, who was progressing on Mr Beck’s outer was forced to race 3 wide.
Mr McCormick was trailing Mr Jones and when the runners in front of Mr Jones increased their speed Mr Jones moved up with them. Mr McCormick did not immediate follow Mr Jones but was about a length behind him. Mr McCormick, who was assisted by a senior horseman, Mr G Smith, said he was undecided as to whether to move the 3 wide-line but before he could do anything anyway, he was forced wider by Mr Beck.
Mr McCormick gave clear evidence that the nose of his horse was forward of the defendant’s cart when the defendant moved out. The video evidence supports this and suggests that the head of Mr McCormick’s horse rather than just its nose was forward of the defendant’s cart at this time.
Submissions for Decision:
Mrs Williams said the move by Mr Beck was after Mr McCormick’s horse had progressed past the cart of Mr Beck and the defendant was thus in breach of the push out rule.
Mr Beck said Mr McCormick was not trailing up and there was therefore room for him to move out. He did not believe Mr McCormick was progressing forward at the time he (Mr Beck) made his move.
Reasons for Decision:
We are satisfied that Mr Beck came out from on the markers pushing Mr McCormick who was racing 2 wide, 3 wide, at approximately the 1800 metre mark. Mr McCormick has said he was following Mr Jones and that there was a gap of a length between his horse and Mr Jones’ cart when Mr Beck came out. Significantly, Mr McCormick says, and this we note is supported by the video evidence, that the head of his horse was outside Mr Beck’s cart when the defendant came out.
Mr Beck stated that he did not believe that Mr McCormick was progressing when he came out.
We accept that Mr McCormick was not progressing as quickly as Mr Jones and the horses in front of Mr Jones, but he was clearly making ground on the horses on the markers, and, in particular, Mr Paisley’s horse which was immediately behind Mr Beck. Mr McCormick had progressed past that horse to outside Mr Beck’s wheel. While Mr McCormick was not trailing up immediately behind Mr Jones, he was maintaining his position and there was not sufficient time or distance for Mr Beck to move into the gap between Mr Jones and Mr McCormick without being in breach of the push out rule. The consequence was Mr McCormick raced 3 wide. That he failed to avail himself of the opportunity to pull back, as Mr Beck alleges, is no defence to the charge .
Submissions for Penalty:
Mrs Williams submitted that a fine in the range of $200 to $250 was appropriate.
Mr Beck did not disagree with this.
Reasons for Penalty:
We believe the breach is at the bottom end of the range in that Mr McCormick has said that he was contemplating whether to move 3 wide at the time that he was pushed 3 wide by Mr Beck. And we note that this indecision appears to have led the defendant to believe there was time to move into the gap when there was not.
Mr Beck’s record under this rule is clear for this season and his record, generally, is excellent. His defence of this charge was also far from being frivolous.
JCA Decision Fields (raw)
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hearingid: fec06d2d384591e21c50c16f239c5eeb
informantnumber: 69057
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 1
decisiondate: 31/12/2010
hearing_title: Forbury Park TC 27 January 2011 - R 3
charge:
Mrs Williams, stipendiary steward, alleged that Mr A Beck (NORA THE PIANIST) shifted RUBY ANN (L McCormick) wider on the track with 1800 metres to race in breach of the push out rule.
facts:
Mrs Williams demonstrated on the video that with approximately 1800 metres to run, the defendant moved from the running line to a 2 wide position with the consequence that Mr McCormick, who was progressing on Mr Beck’s outer was forced to race 3 wide.
Mr McCormick was trailing Mr Jones and when the runners in front of Mr Jones increased their speed Mr Jones moved up with them. Mr McCormick did not immediate follow Mr Jones but was about a length behind him. Mr McCormick, who was assisted by a senior horseman, Mr G Smith, said he was undecided as to whether to move the 3 wide-line but before he could do anything anyway, he was forced wider by Mr Beck.
Mr McCormick gave clear evidence that the nose of his horse was forward of the defendant’s cart when the defendant moved out. The video evidence supports this and suggests that the head of Mr McCormick’s horse rather than just its nose was forward of the defendant’s cart at this time.
appealdecision:
isappeal:
submissionsfordecision:
Mrs Williams said the move by Mr Beck was after Mr McCormick’s horse had progressed past the cart of Mr Beck and the defendant was thus in breach of the push out rule.
Mr Beck said Mr McCormick was not trailing up and there was therefore room for him to move out. He did not believe Mr McCormick was progressing forward at the time he (Mr Beck) made his move.
reasonsfordecision:
We are satisfied that Mr Beck came out from on the markers pushing Mr McCormick who was racing 2 wide, 3 wide, at approximately the 1800 metre mark. Mr McCormick has said he was following Mr Jones and that there was a gap of a length between his horse and Mr Jones’ cart when Mr Beck came out. Significantly, Mr McCormick says, and this we note is supported by the video evidence, that the head of his horse was outside Mr Beck’s cart when the defendant came out.
Mr Beck stated that he did not believe that Mr McCormick was progressing when he came out.
We accept that Mr McCormick was not progressing as quickly as Mr Jones and the horses in front of Mr Jones, but he was clearly making ground on the horses on the markers, and, in particular, Mr Paisley’s horse which was immediately behind Mr Beck. Mr McCormick had progressed past that horse to outside Mr Beck’s wheel. While Mr McCormick was not trailing up immediately behind Mr Jones, he was maintaining his position and there was not sufficient time or distance for Mr Beck to move into the gap between Mr Jones and Mr McCormick without being in breach of the push out rule. The consequence was Mr McCormick raced 3 wide. That he failed to avail himself of the opportunity to pull back, as Mr Beck alleges, is no defence to the charge .
Decision:
We find the breach proved.
sumissionsforpenalty:
Mrs Williams submitted that a fine in the range of $200 to $250 was appropriate.
Mr Beck did not disagree with this.
reasonsforpenalty:
We believe the breach is at the bottom end of the range in that Mr McCormick has said that he was contemplating whether to move 3 wide at the time that he was pushed 3 wide by Mr Beck. And we note that this indecision appears to have led the defendant to believe there was time to move into the gap when there was not.
Mr Beck’s record under this rule is clear for this season and his record, generally, is excellent. His defence of this charge was also far from being frivolous.
penalty:
We impose a fine of $200.
hearing_type: Hearing
Rules: 649(4), (6)(b) and (c)
Informant: Mrs Williams
JockeysandTrainer: Mr A Beck - driver NORA THE PIANIST
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 397af5f7e018f3f44add2439b5f75d90
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
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meetid: 01d365a62818eb521fb60d605833ba45
meet_expapproval: approved
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
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meetdate: 27/01/2011
meet_title: Forbury Park TC - 27 January 2011
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meet_otherexp:
tracklocation: forbury-park-tc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: DSteel
meet_pm2: none
name: Forbury Park TC