Kaikoura TC 28 October 2018 – R 1 – Chair, Mr R McKenzie
ID: JCA12215
Meet Title:
Kaikoura TC - 28 October 2018
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2018/10/28
Race Number:
R1
Decision:
Ms Wigg having admitted the charge, the charge was found proved.
Penalty:
Ms Wigg is fined the sum of $200.
Facts:
Following the running of Race 1, Bishopdale & Bush Inn TAB’s Mobile Pace, an information was filed by Chief Stipendiary Steward, Mr N M Ydgren, against Licensed Advanced Amateur Driver, Ms S L Wigg, alleging that Ms Wigg, as the driver of RUNCLE in the race, “shifted outwards forcing QUEEN OF GLORY (C M Wigg) wider near the 1100 metres” in breach of the Pushout Rule.
Ms Wigg had signed the Statement by the Respondent on the information form indicating that she admitted the breach and, further, that she did not wish to be present at the hearing of the information.
Rule 869 provides as follows:
(3) 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
(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.
Mr Ydgren showed video replays of the incident with approximately 1100 metres to run. He pointed out Ms Wigg racing in 4th position as the field approached the winning post with a lap to run. The horse behind her, QUEEN OF GLORY (C M Wigg), was then drawn outwards and improved to outside the wheel of Ms Wigg, who then came out and forced that runner to a 3-wide position. It was a clear breach of the pushout Rule, Mr Ydgren submitted.
Submissions for Penalty:
Mr Ydgren pointed out that the improving QUEEN OF GLORY was able to shift back down onto the back of Ms Wigg so there was “no harm done”, he said. The breach was no worse than mid-range, Mr Ydgren said. The breach could be dealt with by way of a fine, and the Penalty Guide starting point is a $250 fine.
Ms Wigg has admitted the breach, she has a clear record and, further, Mr Ydgren offered her explanation that she had enquired of the horse’s trainer as to the location of the 1000 metres point on the track. She had been told by the horse’s trainer that the track was a 1000 metres track so, when she passed the winning post, she believed she had passed the 1000 metres and was able to push out. However, the track is 1100 metres and Ms Wigg had failed to carry out “due diligence”, Mr Ydgren said.
He submitted for a fine in the range of $200-250.
Reasons for Penalty:
The Committee agrees with Mr Ydgren that this breach does not call for a suspension. As far as a fine is concerned, mitigating factors are Ms Wigg’s admission of the breach, her previous good record and the low-end consequences. The Committee, having regard to those, allowed a $50 discount from the Penalty Guide starting point of a $250 fine.
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: 40cf3f0bb8b6a652839b43414a808f54
informantnumber: A12407
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of the Pushout Rule
plea: admitted
penaltyrequired: 1
decisiondate: 31/10/2018
hearing_title: Kaikoura TC 28 October 2018 - R 1 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 1, Bishopdale & Bush Inn TAB’s Mobile Pace, an information was filed by Chief Stipendiary Steward, Mr N M Ydgren, against Licensed Advanced Amateur Driver, Ms S L Wigg, alleging that Ms Wigg, as the driver of RUNCLE in the race, “shifted outwards forcing QUEEN OF GLORY (C M Wigg) wider near the 1100 metres” in breach of the Pushout Rule.
Ms Wigg had signed the Statement by the Respondent on the information form indicating that she admitted the breach and, further, that she did not wish to be present at the hearing of the information.
Rule 869 provides as follows:
(3) 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
(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.
Mr Ydgren showed video replays of the incident with approximately 1100 metres to run. He pointed out Ms Wigg racing in 4th position as the field approached the winning post with a lap to run. The horse behind her, QUEEN OF GLORY (C M Wigg), was then drawn outwards and improved to outside the wheel of Ms Wigg, who then came out and forced that runner to a 3-wide position. It was a clear breach of the pushout Rule, Mr Ydgren submitted.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Ms Wigg having admitted the charge, the charge was found proved.
sumissionsforpenalty:
Mr Ydgren pointed out that the improving QUEEN OF GLORY was able to shift back down onto the back of Ms Wigg so there was “no harm done”, he said. The breach was no worse than mid-range, Mr Ydgren said. The breach could be dealt with by way of a fine, and the Penalty Guide starting point is a $250 fine.
Ms Wigg has admitted the breach, she has a clear record and, further, Mr Ydgren offered her explanation that she had enquired of the horse’s trainer as to the location of the 1000 metres point on the track. She had been told by the horse’s trainer that the track was a 1000 metres track so, when she passed the winning post, she believed she had passed the 1000 metres and was able to push out. However, the track is 1100 metres and Ms Wigg had failed to carry out “due diligence”, Mr Ydgren said.
He submitted for a fine in the range of $200-250.
reasonsforpenalty:
The Committee agrees with Mr Ydgren that this breach does not call for a suspension. As far as a fine is concerned, mitigating factors are Ms Wigg’s admission of the breach, her previous good record and the low-end consequences. The Committee, having regard to those, allowed a $50 discount from the Penalty Guide starting point of a $250 fine.
penalty:
Ms Wigg is fined the sum of $200.
hearing_type: Hearing
Rules: 869(4)& 869(6)(b)&(c)
Informant: N M Ydgren, Chief Stipendiary Steward
JockeysandTrainer: S L Wigg, Licensed Advanced Amateur Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 76933e2dd99966c77b30518b47bd6425
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: d1b0021c4f3de41e1beb67fa0d7c9c1c
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 28/10/2018
meet_title: Kaikoura TC - 28 October 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: kaikoura-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: SChing
meet_pm2: none
name: Kaikoura TC