Gore HRC 4 December 2012 – R 5
ID: JCA12698
Meet Title:
Gore HRC - 4 December 2012
Meet Chair:
GHall
Meet Committee Member 1:
DSteel
Race Date:
2012/12/04
Race Number:
R5
Decision:
We find the breach proved.
Penalty:
The Penalty Guide suggests a starting point of $300 and Mr Wallis submitted this was the appropriate penalty. Having regard to the respondent’s admission of the breach and that this is his first breach, we impose a fine of $250 and remind him of his professional obligations.
Charge:
Mr Wallis alleged that Mr Stuck (SEA SPRAY LUKE) improved his position between DOCTORS POINT (J Cox) and COMEBACK ANNA (K Barclay) when not entitled to do so.
Facts:
Mr Wallis demonstrated that with some 1500 metres to run and when racing towards the rear of the field Mr Stuck improved into a position between Mr Cox and Ms Barclay who were on the pylons and one-off, respectively.
Submissions for Decision:
Mr Wallis accepted that a number of horses were racing greenly but clearly 2 lines of running had been established at this stage of the race. Mr Stuck tried to progress between these 2 lines before the horses commenced to run down the home straight with a lap to run. The horses on the inside line had had to move into the passing lane to allow Mr Stuck room. When the passing lane ran out and the horses came back on to the track proper Mr Stuck was still in his own running line with the consequence that the horse on his outer driven by Ms Barclay had to shift 3 wide to allow Mr Stuck and the horse on his inner some room.
Mr Stuck explained that he had anticipated that Mr Shirley who was racing 2 out ahead of Ms Barclay was going to move 3 wide and that she would follow. He was surprised when that did not occur and he had tried to ease back. We asked Mr Stuck to demonstrate his easing of his horse but we were unable to see any evidence of this.
Reasons for Decision:
Mr Stuck admitted the breach.
Submissions for Penalty:
Mr Wallis produced the respondent’s record, which was clear under this rule. Mr Stuck drives infrequently, however, with this being only his 4th drive this season. He had 13 drives last season.
Mr Stuck said he preferred a fine to a suspension.
Reasons for Penalty:
We view Mr Stuck’s actions as being mid range for a breach of this rule. It was fortuitous that there was the passing lane into which the horses on the inside line of running could move. He had every opportunity to drop back and give his fellow drivers room, but failed to do so.
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: 4bfb08267bc3151cbbd0ff2bd56b703d
informantnumber: 1851
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 24/11/2012
hearing_title: Gore HRC 4 December 2012 - R 5
charge:
Mr Wallis alleged that Mr Stuck (SEA SPRAY LUKE) improved his position between DOCTORS POINT (J Cox) and COMEBACK ANNA (K Barclay) when not entitled to do so.
facts:
Mr Wallis demonstrated that with some 1500 metres to run and when racing towards the rear of the field Mr Stuck improved into a position between Mr Cox and Ms Barclay who were on the pylons and one-off, respectively.
appealdecision:
isappeal:
submissionsfordecision:
Mr Wallis accepted that a number of horses were racing greenly but clearly 2 lines of running had been established at this stage of the race. Mr Stuck tried to progress between these 2 lines before the horses commenced to run down the home straight with a lap to run. The horses on the inside line had had to move into the passing lane to allow Mr Stuck room. When the passing lane ran out and the horses came back on to the track proper Mr Stuck was still in his own running line with the consequence that the horse on his outer driven by Ms Barclay had to shift 3 wide to allow Mr Stuck and the horse on his inner some room.
Mr Stuck explained that he had anticipated that Mr Shirley who was racing 2 out ahead of Ms Barclay was going to move 3 wide and that she would follow. He was surprised when that did not occur and he had tried to ease back. We asked Mr Stuck to demonstrate his easing of his horse but we were unable to see any evidence of this.
reasonsfordecision:
Mr Stuck admitted the breach.
Decision:
We find the breach proved.
sumissionsforpenalty:
Mr Wallis produced the respondent’s record, which was clear under this rule. Mr Stuck drives infrequently, however, with this being only his 4th drive this season. He had 13 drives last season.
Mr Stuck said he preferred a fine to a suspension.
reasonsforpenalty:
We view Mr Stuck’s actions as being mid range for a breach of this rule. It was fortuitous that there was the passing lane into which the horses on the inside line of running could move. He had every opportunity to drop back and give his fellow drivers room, but failed to do so.
penalty:
The Penalty Guide suggests a starting point of $300 and Mr Wallis submitted this was the appropriate penalty. Having regard to the respondent’s admission of the breach and that this is his first breach, we impose a fine of $250 and remind him of his professional obligations.
hearing_type: Hearing
Rules: 869(4)
Informant: Mr S Wallis, Stipendiary Steward
JockeysandTrainer: Mr L Stuck, Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: f9aeabe506e4feab970db24955dfa7e8
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: 69cd85db1e5b48a324ba569395c02e03
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 04/12/2012
meet_title: Gore HRC - 4 December 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: gore-hrc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: DSteel
meet_pm2: none
name: Gore HRC