Hawera HRC 10 December 2015 – R 1 – Chair, Mr N McCutcheon
ID: JCA15030
Meet Title:
Hawera HRC - 10 December 2015
Meet Chair:
NMcCutcheon
Meet Committee Member 1:
PWilliams
Race Date:
2015/12/10
Race Number:
R 1
Decision:
As the charge was admitted it was found to be proved.
Penalty:
For breaching Rule 869(4) and the Passing Lane Regulation No.4 Mr Dickson was fined $250.
Facts:
Following the running of Race 1 (Welcome Mobile Trot), Information No.A7605 was filed with the Judicial Committee. It was alleged that Mr Dickson allowed his drive (EYE WISH) to shift down into the passing lane over the final stages which failed to allow ABOVE THE REST (K Chittenden) full access to the expanded inside lane.
Rule 869(4) reads:
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.
Passing Lane Regulation No.4 states:
In the last lap of any race the leading horse on the running line shall, upon entering the home straight, maintain as straight a course as possible parallel to the running line and allow the trailing horse full access to the expanded inside lane.
Mr Dickson acknowledged that he understood the rules, charge and confirmed that he admitted the breach.
Mr Muirhead showed the available films (head and lateral views) and submitted that on reaching the passing lane Mr Dickson, the driver of EYE WISH, who was in the lead, gradually allowed his horse to drift in and block the path of ABOVE THE REST (K Chittenden). He added that when tightened ABOVE THE REST broke its gait. Mr Muirhead said that a protest was not lodged as it was the Stipendiary Stewards' belief that it would not have been able to prove that ABOVE THE REST would have beaten EYE WISH.
Mr Dickson, for his part, submitted that EYE WISH was lugging in badly on one rein and that he did his best to straighten it up and also keep it going as he was in a winning position and was only beaten by a nose. He added that his horse would have won the race if it had not lugged in.
Mr Muirhead responded by saying that he concurred that the horse was lugging in, but that Mr Dickson did not do enough to keep his drive from shifting in, as the film evidence showed that he continued to urge it on.
Mr Dickson did not have anything further to add.
Submissions for Penalty:
Mr Muirhead said that Mr Dickson’s record showed that he had only breached the Rules once during the past 12 months. He said that the starting point for a breach of this nature was a 6-drive suspension or a $300 fine.
Mr Dickson submitted that he preferred that a fine be imposed.
Reasons for Penalty:
In determining quantum of penalty the committee was mindful of Mr Dickson’s good record, the admitted breach and that his drive was lugging inwards. Using the penalty guideline of 6-drives suspension or a $300 fine, the committee believed that the appropriate penalty to impose was a $250 fine.
JCA Decision Fields (raw)
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hearingid: 9c9709cc86d10e8a6766bee5e2241fb3
informantnumber: A7605
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of Rule 869(4) and Passing Lane Regulation 4
plea: admitted
penaltyrequired: 1
decisiondate: 14/12/2015
hearing_title: Hawera HRC 10 December 2015 - R 1 - Chair, Mr N McCutcheon
charge:
facts:
Following the running of Race 1 (Welcome Mobile Trot), Information No.A7605 was filed with the Judicial Committee. It was alleged that Mr Dickson allowed his drive (EYE WISH) to shift down into the passing lane over the final stages which failed to allow ABOVE THE REST (K Chittenden) full access to the expanded inside lane.
Rule 869(4) reads:
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.
Passing Lane Regulation No.4 states:
In the last lap of any race the leading horse on the running line shall, upon entering the home straight, maintain as straight a course as possible parallel to the running line and allow the trailing horse full access to the expanded inside lane.
Mr Dickson acknowledged that he understood the rules, charge and confirmed that he admitted the breach.
Mr Muirhead showed the available films (head and lateral views) and submitted that on reaching the passing lane Mr Dickson, the driver of EYE WISH, who was in the lead, gradually allowed his horse to drift in and block the path of ABOVE THE REST (K Chittenden). He added that when tightened ABOVE THE REST broke its gait. Mr Muirhead said that a protest was not lodged as it was the Stipendiary Stewards' belief that it would not have been able to prove that ABOVE THE REST would have beaten EYE WISH.
Mr Dickson, for his part, submitted that EYE WISH was lugging in badly on one rein and that he did his best to straighten it up and also keep it going as he was in a winning position and was only beaten by a nose. He added that his horse would have won the race if it had not lugged in.
Mr Muirhead responded by saying that he concurred that the horse was lugging in, but that Mr Dickson did not do enough to keep his drive from shifting in, as the film evidence showed that he continued to urge it on.
Mr Dickson did not have anything further to add.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the charge was admitted it was found to be proved.
sumissionsforpenalty:
Mr Muirhead said that Mr Dickson’s record showed that he had only breached the Rules once during the past 12 months. He said that the starting point for a breach of this nature was a 6-drive suspension or a $300 fine.
Mr Dickson submitted that he preferred that a fine be imposed.
reasonsforpenalty:
In determining quantum of penalty the committee was mindful of Mr Dickson’s good record, the admitted breach and that his drive was lugging inwards. Using the penalty guideline of 6-drives suspension or a $300 fine, the committee believed that the appropriate penalty to impose was a $250 fine.
penalty:
For breaching Rule 869(4) and the Passing Lane Regulation No.4 Mr Dickson was fined $250.
hearing_type: Hearing
Rules: 869(4) and Passing Lane Regulation 4
Informant: Mr J Muirhead - Stipendiary Steward
JockeysandTrainer: Mr S Dickson - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 460588da91980e385dd59d62ec458fa0
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: f396cb17f43f2532cab850e2d06fd09c
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 10/12/2015
meet_title: Hawera HRC - 10 December 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: hawera-hrc
meet_racingtype: harness-racing
meet_chair: NMcCutcheon
meet_pm1: PWilliams
meet_pm2: none
name: Hawera HRC