Archive Decision

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Hawera HRC 15 April 2017 -R6- Chair Mr P Williams

ID: JCA15887

Applicant:
Mr J Muirhead - Senior Stipendiary Steward

Respondent(s):
Ms N Chilcott - Open Horsewoman

Other Person:
Mr S Mulcay - Senior Stipendiary Steward

Information Number:
A7985

Hearing Type:
Hearing

New Charge:
Causing Interference

Rules:
869(4)

Plea:
admitted

Meet Title:
Hawera HRC - 15 April 2017

Meet Chair:
PWilliams

Meet Committee Member 1:
TBird

Race Date:
2017/04/15

Race Number:
R6

Decision:

As Ms Chilcott admitted the breach the charge was found proved.

Penalty:

Ms Chilcott is fined $300.

Facts:

Following the running of Race 6, the “Corlett Trucking Mobile Pace”, Information A7985 was filed by Stipendiary Steward Mr J Muirhead alleging a breach of Rule 869(4) by Open Horsewoman Ms N Chilcott. The Information stated “that she (N Chilcott) drove in a manner near the 950m which resulted in her own horse galloping and losing ground”. Ms Chilcott signed the Information indicating she admitted the breach and also that she did not wish to attend the hearing.
 
Rule 869 (4) states:- “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”.

Mr Mulcay, using the head-on film of the horses racing down the back straight with approximately 1000m to run, identified Ms Chilcott driving “Delightful Art” racing one out and 5 back. He said to her outside and slightly ahead in the 3 wide line was Mr Marshall driving “Aces N Eights”.
 
Mr Muirhead said at this point Ms Chilcott moved her horse outwards into the line of Mr Marshall. He said that Ms Chilcott was not in front of Mr Marshall and because contact was made her horse became unbalanced and then galloped losing several lengths. He said Mr Marshall was entitled to be where he was but as a result of Ms Chilcott’s actions was forced wider on the track.

Submissions for Penalty:

Mr Muirhead said Ms Chilcott had not breached this Rule in the previous 12 months. He said the JCA’s Guidelines state the starting point for a breach of this Rule where a driver causes interference to their own horse is a $400 fine or an 8 drives suspension. He said that while Ms Chilcott had admitted the breach the Stewards assessed the severity of the interference caused to her own horse as being in the mid-range. He submitted a $300 fine was an appropriate penalty in this case.

Reasons for Penalty:

The Committee has reviewed the films of incident and the submissions of the Stewards. It is clear to us that Ms Chilcott, in moving out near the 950m, caused contact to be made between her horse and “Aces N Eights” driven by Mr Marshall. The film clearly shows that the head and necks of the two horses did briefly make contact and as a result “Delightful Art” broke and lost several lengths and ended up at the tail of the field. It is also clear that Mr Marshall was entitled to be where he was positioned, at the time of incident, behind “Queen Lostris” driven by Mr Cameron, and was forced wider on the track by the actions of Ms Chilcott. The Committee notes that whilst Ms Chilcott ended up running 6th in the race Mr Marshall finished 13th in the 14 horse field.
 
The JCA’s Guidelines state the starting point for a breach of this Rule is a $400 fine or an 8 drives suspension. The Committee believes on this occasion a fine is an appropriate penalty. Ms Chilcott has a clear record in relation to this Rule over the past 12 months and did admit the breach which entitles her to a reduction in penalty from the starting point. By choosing not to attend the hearing we were not made aware of any possible mitigating factors she might have submitted to us. We believe, on this occasion a fine is an appropriate penalty and we have decided to reduce the starting point fine by $100.

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: e0acb2627b84464aa3f11a71df44bc28


informantnumber: A7985


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Causing Interference


plea: admitted


penaltyrequired: 1


decisiondate: 16/04/2017


hearing_title: Hawera HRC 15 April 2017 -R6- Chair Mr P Williams


charge:


facts:

Following the running of Race 6, the “Corlett Trucking Mobile Pace”, Information A7985 was filed by Stipendiary Steward Mr J Muirhead alleging a breach of Rule 869(4) by Open Horsewoman Ms N Chilcott. The Information stated “that she (N Chilcott) drove in a manner near the 950m which resulted in her own horse galloping and losing ground”. Ms Chilcott signed the Information indicating she admitted the breach and also that she did not wish to attend the hearing.
 
Rule 869 (4) states:- “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”.

Mr Mulcay, using the head-on film of the horses racing down the back straight with approximately 1000m to run, identified Ms Chilcott driving “Delightful Art” racing one out and 5 back. He said to her outside and slightly ahead in the 3 wide line was Mr Marshall driving “Aces N Eights”.
 
Mr Muirhead said at this point Ms Chilcott moved her horse outwards into the line of Mr Marshall. He said that Ms Chilcott was not in front of Mr Marshall and because contact was made her horse became unbalanced and then galloped losing several lengths. He said Mr Marshall was entitled to be where he was but as a result of Ms Chilcott’s actions was forced wider on the track.

appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Ms Chilcott admitted the breach the charge was found proved.

sumissionsforpenalty:

Mr Muirhead said Ms Chilcott had not breached this Rule in the previous 12 months. He said the JCA’s Guidelines state the starting point for a breach of this Rule where a driver causes interference to their own horse is a $400 fine or an 8 drives suspension. He said that while Ms Chilcott had admitted the breach the Stewards assessed the severity of the interference caused to her own horse as being in the mid-range. He submitted a $300 fine was an appropriate penalty in this case.

reasonsforpenalty:

The Committee has reviewed the films of incident and the submissions of the Stewards. It is clear to us that Ms Chilcott, in moving out near the 950m, caused contact to be made between her horse and “Aces N Eights” driven by Mr Marshall. The film clearly shows that the head and necks of the two horses did briefly make contact and as a result “Delightful Art” broke and lost several lengths and ended up at the tail of the field. It is also clear that Mr Marshall was entitled to be where he was positioned, at the time of incident, behind “Queen Lostris” driven by Mr Cameron, and was forced wider on the track by the actions of Ms Chilcott. The Committee notes that whilst Ms Chilcott ended up running 6th in the race Mr Marshall finished 13th in the 14 horse field.
 
The JCA’s Guidelines state the starting point for a breach of this Rule is a $400 fine or an 8 drives suspension. The Committee believes on this occasion a fine is an appropriate penalty. Ms Chilcott has a clear record in relation to this Rule over the past 12 months and did admit the breach which entitles her to a reduction in penalty from the starting point. By choosing not to attend the hearing we were not made aware of any possible mitigating factors she might have submitted to us. We believe, on this occasion a fine is an appropriate penalty and we have decided to reduce the starting point fine by $100.

penalty:

Ms Chilcott is fined $300.

hearing_type: Hearing


Rules: 869(4)


Informant: Mr J Muirhead - Senior Stipendiary Steward


JockeysandTrainer: Ms N Chilcott - Open Horsewoman


Otherperson: Mr S Mulcay - Senior Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 0aef8c206992fc7500ea407e60f40793


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R6


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 7aa81a1e65b4a5f89a0ee951f3a08b9c


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meetdate: 15/04/2017


meet_title: Hawera HRC - 15 April 2017


meet_expappcomment:


meet_km:


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tracklocation: hawera-hrc


meet_racingtype: harness-racing


meet_chair: PWilliams


meet_pm1: TBird


meet_pm2: none


name: Hawera HRC