Manawatu HRC 1 November 2018 – R 4 – Chair, Mr P Williams
ID: JCA16767
Meet Title:
Manawatu HRC - 1 November 2018
Meet Chair:
PWilliams
Meet Committee Member 1:
NMoffatt
Race Date:
2018/11/01
Race Number:
R4
Decision:
As Mr Abernethy has admitted the breach of the Rule the charge is found proved.
Penalty:
Mr Abernethy is fined the sum of $200.
Facts:
Following the running of Race 4, the “Mainline Farrier Supplies Mobile Pace”, an Information was filed by Stipendiary Steward, Mr S Mulcay, against Open Horseman Mr J Abernethy, alleging that “ J Abernethy shifted his filly near the 1300m and forced “The Bandit Queen” (D Butcher) to race wider on the track”.
Mr Abernethy signed the Statement by the Respondent on the Information form indicating that he admitted the breach and, further, that he 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 Mulcay showed video replays of the incident with approximately 1300 metres to run. He highlighted Mr Abernethy trailing the leader with Mr Butcher racing behind him and to his outside. Mr Mulcay said Mr Butcher could be seen improving to the outside wheel of Mr Abernethy who then came out and forced Mr Butcher into a 3-wide position thereby breaching the Push Out Rule.
Submissions for Penalty:
Mr Mulcay said Mr Abernethy had not previously breached this Rule and had admitted the breach at the earliest opportunity. He said the breach could be dealt with by way of a fine noting that, as the starting point for a breach of the Rule is a $250 fine, a fine of $200 was appropriate on this occasion.
Reasons for Penalty:
The Committee has considered the evidence and submission of Mr Mulcay. We believe the severity of the breach is at the low end. That fact, combined with Mr Abernethy’s admission of the breach and his previous good record, justifies a reduction to the starting point penalty of a fine of $250. We believe that reduction should be $50.
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: 9e2d1dfa75fe16deb20616aae0e38335
informantnumber: A10253
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Push Out Rule
plea: admitted
penaltyrequired: 1
decisiondate: 02/11/2018
hearing_title: Manawatu HRC 1 November 2018 - R 4 - Chair, Mr P Williams
charge:
facts:
Following the running of Race 4, the “Mainline Farrier Supplies Mobile Pace”, an Information was filed by Stipendiary Steward, Mr S Mulcay, against Open Horseman Mr J Abernethy, alleging that “ J Abernethy shifted his filly near the 1300m and forced “The Bandit Queen” (D Butcher) to race wider on the track”.
Mr Abernethy signed the Statement by the Respondent on the Information form indicating that he admitted the breach and, further, that he 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 Mulcay showed video replays of the incident with approximately 1300 metres to run. He highlighted Mr Abernethy trailing the leader with Mr Butcher racing behind him and to his outside. Mr Mulcay said Mr Butcher could be seen improving to the outside wheel of Mr Abernethy who then came out and forced Mr Butcher into a 3-wide position thereby breaching the Push Out Rule.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Abernethy has admitted the breach of the Rule the charge is found proved.
sumissionsforpenalty:
Mr Mulcay said Mr Abernethy had not previously breached this Rule and had admitted the breach at the earliest opportunity. He said the breach could be dealt with by way of a fine noting that, as the starting point for a breach of the Rule is a $250 fine, a fine of $200 was appropriate on this occasion.
reasonsforpenalty:
The Committee has considered the evidence and submission of Mr Mulcay. We believe the severity of the breach is at the low end. That fact, combined with Mr Abernethy’s admission of the breach and his previous good record, justifies a reduction to the starting point penalty of a fine of $250. We believe that reduction should be $50.
penalty:
Mr Abernethy is fined the sum of $200.
hearing_type: Hearing
Rules: 869(4)(6)(b)(c)
Informant: Mr S Mulcay - Senior Stipendiary Steward
JockeysandTrainer: Mr J Abernethy - Open Horseman
Otherperson: Mr J Muirhead - Senior Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: b5370abcea01b679f2af99f00919bf06
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 9807eeb914814129422413da4d69b5d9
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 01/11/2018
meet_title: Manawatu HRC - 1 November 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: manawatu-hrc
meet_racingtype: harness-racing
meet_chair: PWilliams
meet_pm1: NMoffatt
meet_pm2: none
name: Manawatu HRC