Geraldine TC 2 February 2013 – R 2
ID: JCA13887
Meet Title:
Geraldine TC - 2 February 2013
Meet Chair:
JPhelan
Meet Committee Member 1:
RMcKenzie
Race Date:
2013/02/02
Race Number:
R1
Decision:
The charge was found to be proved.
Penalty:
On resuming the hearing we advised the parties of our reasons and that Mr Pash was fined the sum of $200-00.
Charge:
Alleged breach of Rule 869(4) and Passing Lanes, False Rails and Home Straight Regulation
Facts:
Following the running of Race 2, the Central Stockfeed Company Mobile Pace, an Information was filed by Stipendiary Steward Mr S. P. Renault against Open Horseman Mr M. A. Pash the driver of “Beacon Hill” (3), alleging a breach of Rule 869(4) and the Passing Lane, False Rails and Home straight Regulations.
The charge reads as follows:
“I the above named informant allege that the above named Respondent committed a breach of Rule 869(4) and the Home Straight Regulations (7) (in that) M. Pash (Beacon Hill) failed to maintain as straight a course as possible in the home straight.”
Rule 869(4) reads 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.”
Clause (7) and (8) of the Passing Lanes, False Rails and Home Straight Regulations provide as follows:
“7. Except where a horseman is making a move pursuant to Rule 869(7) and subject to the preceding provisions of this regulation where applicable, every horse shall upon entering the home straight prior to the finish maintain as straight a course as possible to the finish line.”
8. Failure to comply with clauses 4 and/or 5 and/or 6 and/or 7 hereof shall be deemed a breach of Rule 869(4) of the NZ Rules of Harness Racing in respect of which Rules 1003 and 869(8) apply.”
Mr Pash had indicated on the Information that this breach of the Rules was admitted and he also agreed that he understood the charge, the Rule it was brought under, and also the Passing Lanes, False Rails and Home Straight Regulations.
Submissions for Decision:
Mr Renault gave evidence and used video coverage to show that when the field entered the home straight for the final time “Beacon Hill” (3) was in the lead. As the field ran down the straight “Beacon Hill” ran out and Mr Pash continued to drive his horse with the whip, with the horse continuing to run out in the run home. Although there was no interference to other horses in this race it was a concern that Mr Pash made very little effort to keep his horse straight.
Mr Pash used the head on video coverage to show that his horse’s head was facing inwards and he said that he was making some effort to straighten his horse. Mr Pash also agreed that he did not inconvenience other runners.
Reasons for Decision:
As Mr Pash had admitted this breach it was found to be proved in accordance with Rule 1111(1)(d).
Submissions for Penalty:
In relation to penalty Mr Renault advised that the Penalty Guide recommends a starting point for a penalty as 6 drives or a $300-00 fine. Mr Pash had a clear record, and he had also admitted the breach.
Mr Pash had no relevant submissions to make with regard to penalty.
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 Pash had a clear record and had admitted the breach. We also took into account that there was no effect on other runners in the race. Taking all these matters into account we decided that Mr Pash would be fined the sum of $200-00.
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: 7cf5edbb7c39402dbe062aebc8f40af7
informantnumber: A1967
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 30/01/2013
hearing_title: Geraldine TC 2 February 2013 - R 2
charge:
Alleged breach of Rule 869(4) and Passing Lanes, False Rails and Home Straight Regulation
facts:
Following the running of Race 2, the Central Stockfeed Company Mobile Pace, an Information was filed by Stipendiary Steward Mr S. P. Renault against Open Horseman Mr M. A. Pash the driver of “Beacon Hill” (3), alleging a breach of Rule 869(4) and the Passing Lane, False Rails and Home straight Regulations.
The charge reads as follows:
“I the above named informant allege that the above named Respondent committed a breach of Rule 869(4) and the Home Straight Regulations (7) (in that) M. Pash (Beacon Hill) failed to maintain as straight a course as possible in the home straight.”
Rule 869(4) reads 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.”
Clause (7) and (8) of the Passing Lanes, False Rails and Home Straight Regulations provide as follows:
“7. Except where a horseman is making a move pursuant to Rule 869(7) and subject to the preceding provisions of this regulation where applicable, every horse shall upon entering the home straight prior to the finish maintain as straight a course as possible to the finish line.”
8. Failure to comply with clauses 4 and/or 5 and/or 6 and/or 7 hereof shall be deemed a breach of Rule 869(4) of the NZ Rules of Harness Racing in respect of which Rules 1003 and 869(8) apply.”
Mr Pash had indicated on the Information that this breach of the Rules was admitted and he also agreed that he understood the charge, the Rule it was brought under, and also the Passing Lanes, False Rails and Home Straight Regulations.
appealdecision:
isappeal:
submissionsfordecision:
Mr Renault gave evidence and used video coverage to show that when the field entered the home straight for the final time “Beacon Hill” (3) was in the lead. As the field ran down the straight “Beacon Hill” ran out and Mr Pash continued to drive his horse with the whip, with the horse continuing to run out in the run home. Although there was no interference to other horses in this race it was a concern that Mr Pash made very little effort to keep his horse straight.
Mr Pash used the head on video coverage to show that his horse’s head was facing inwards and he said that he was making some effort to straighten his horse. Mr Pash also agreed that he did not inconvenience other runners.
reasonsfordecision:
As Mr Pash had admitted this breach 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 Renault advised that the Penalty Guide recommends a starting point for a penalty as 6 drives or a $300-00 fine. Mr Pash had a clear record, and he had also admitted the breach.
Mr Pash had no relevant submissions to make with regard to penalty.
We adjourned to consider the matter of penalty.
reasonsforpenalty:
In considering the matter of an appropriate penalty we took into account that Mr Pash had a clear record and had admitted the breach. We also took into account that there was no effect on other runners in the race. Taking all these matters into account we decided that Mr Pash would be fined the sum of $200-00.
penalty:
On resuming the hearing we advised the parties of our reasons and that Mr Pash was fined the sum of $200-00.
hearing_type: Hearing
Rules: Rule 869(4) and Passing Lanes, False Rails and Home Straight Regulation
Informant: Mr S. P. Renault - Stipendiary Steward
JockeysandTrainer: Mr M. A. Pash - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 8a2fbd43b3b7104146f8d7229dd14c95
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 705a9a4c0c6c2a2744a16ff7a7f46682
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 02/02/2013
meet_title: Geraldine TC - 2 February 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: geraldine-tc
meet_racingtype: harness-racing
meet_chair: JPhelan
meet_pm1: RMcKenzie
meet_pm2: none
name: Geraldine TC