Gore HRC 26 August 2012 – R 3
ID: JCA10787
Meet Title:
Gore HRC - 26 August 2012
Meet Chair:
RMcKenzie
Meet Committee Member 1:
NSkelt
Race Date:
2012/08/26
Race Number:
R3
Decision:
Mr Sanderson having admitted the breach, the charge was found proved.
Penalty:
Mr Sanderson was fined the sum of $200.
Charge:
Breach of the pushout Rule.
Facts:
Following the running of Race 3, Roof Safe Gutter Solutionz Ltd Pace Standing Start, an information was filed by Stipendiary Steward, Mr C J Allison, against Licensed Junior Horseman, Mr A F J Sanderson, alleging that Mr Sanderson, as the driver of HEY HARDY, placed 4th by the judge, “shifted ground outwards near the 2000 metres mark forcing GOLDEN COMPASS (A M Armour) wider on the track.”
Mr Sanderson was present at the hearing of the information and he indicated that he admitted the breach. Mr Sanderson was assisted at the hearing by Licensed Open Horseman, Mr J W Cox.
Rule 869 provides as follows:
(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:
It was agreed by the parties that the evidence presented at the earlier protest decision be adopted in the context of this hearing of the charge of a breach of the pushout Rule.
However, Mr Allison did reshow video replays of the incident and reiterated that Mr Sanderson, while racing in the trail 200 metres after the start, had forced Mr Armour, who was outside of him and going forward, to race wider on the track. Mr Sanderson was not in a position to force Mr Armour wider, Mr Allison said.
Mr Sanderson did not wish to add anything.
Submissions for Penalty:
Mr Allison told the Committee that Mr Sanderson’s record was a good one. He has no previous breaches of the Rule in the preceding 12 months’ period. He had a total of 289 drives in the season ended 31 July 2012. Mr Alison submitted that other mitigating factors were Mr Sanderson’s Junior Horseman status and his admission of the breach. An aggravating factor was that his actions had resulted in the disqualification of his horse, which had finished 4th, from the race. Mr Allison added that Mr Sanderson is shifting to Australia on 27 August.
Mr Allison referred to the penalty Guide which provides a starting point for a breach of the Rule of a $250 fine and/or 5 drives. Having regard to the mitigating and aggravating factors referred to, Mr Allison submitted that a fine of $200 was an appropriate penalty.
Mr Sanderson asked the Committee to consider a fine of $150.
Reasons for Penalty:
In arriving at penalty, the Committee had regard to Mr Sanderson’s admission of the breach, his previous very good record and his Junior Horseman status. An aggravating factor was the disqualification of his horse from 4th placing. The Committee assessed the offending as low to mid range.
Taking those factors into account, the Committee determined that fine of $200 was an appropriate penalty.
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: 0cae0570bc477ee121edcfc5e6944954
informantnumber: A1314
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 26/07/2012
hearing_title: Gore HRC 26 August 2012 - R 3
charge:
Breach of the pushout Rule.
facts:
Following the running of Race 3, Roof Safe Gutter Solutionz Ltd Pace Standing Start, an information was filed by Stipendiary Steward, Mr C J Allison, against Licensed Junior Horseman, Mr A F J Sanderson, alleging that Mr Sanderson, as the driver of HEY HARDY, placed 4th by the judge, “shifted ground outwards near the 2000 metres mark forcing GOLDEN COMPASS (A M Armour) wider on the track.”
Mr Sanderson was present at the hearing of the information and he indicated that he admitted the breach. Mr Sanderson was assisted at the hearing by Licensed Open Horseman, Mr J W Cox.
Rule 869 provides as follows:
(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:
It was agreed by the parties that the evidence presented at the earlier protest decision be adopted in the context of this hearing of the charge of a breach of the pushout Rule.
However, Mr Allison did reshow video replays of the incident and reiterated that Mr Sanderson, while racing in the trail 200 metres after the start, had forced Mr Armour, who was outside of him and going forward, to race wider on the track. Mr Sanderson was not in a position to force Mr Armour wider, Mr Allison said.
Mr Sanderson did not wish to add anything.
reasonsfordecision:
Decision:
Mr Sanderson having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Allison told the Committee that Mr Sanderson’s record was a good one. He has no previous breaches of the Rule in the preceding 12 months’ period. He had a total of 289 drives in the season ended 31 July 2012. Mr Alison submitted that other mitigating factors were Mr Sanderson’s Junior Horseman status and his admission of the breach. An aggravating factor was that his actions had resulted in the disqualification of his horse, which had finished 4th, from the race. Mr Allison added that Mr Sanderson is shifting to Australia on 27 August.
Mr Allison referred to the penalty Guide which provides a starting point for a breach of the Rule of a $250 fine and/or 5 drives. Having regard to the mitigating and aggravating factors referred to, Mr Allison submitted that a fine of $200 was an appropriate penalty.
Mr Sanderson asked the Committee to consider a fine of $150.
reasonsforpenalty:
In arriving at penalty, the Committee had regard to Mr Sanderson’s admission of the breach, his previous very good record and his Junior Horseman status. An aggravating factor was the disqualification of his horse from 4th placing. The Committee assessed the offending as low to mid range.
Taking those factors into account, the Committee determined that fine of $200 was an appropriate penalty.
penalty:
Mr Sanderson was fined the sum of $200.
hearing_type: Hearing
Rules: 869(6)(b)&(c)
Informant: CJ Allison - Stipendiary Steward
JockeysandTrainer: AFJ Sanderson - Licensed Junior Driver
Otherperson: JW Cox - Licensed Open Driver assisting Mr Sanderson
PersonPresent:
Respondent:
StipendSteward:
raceid: f25f63d9f165f1c50ba0b3d0f4360e65
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 730261368649fb7f6f65c41bafe02745
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 26/08/2012
meet_title: Gore HRC - 26 August 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: gore-hrc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: NSkelt
meet_pm2: none
name: Gore HRC