Manawatu HRC 2 May 2017 – R 1 – Chair, Mr P Williams
ID: JCA17002
Meet Title:
Manawatu HRC - 2 May 2017
Meet Chair:
PWilliams
Race Date:
2017/05/02
Race Number:
R 1
Decision:
As Mr Chittenden admitted the breach the charge was found proved.
Penalty:
Mr Chittenden is suspended for 3 days from the close of racing on Tuesday 2 May 2017 to the close of racing on Thursday 25 May 2017. The 3 days are:- Wairarapa HRC (4 May 2017), Manawatu HRC (23 May 2017) and Manawatu HRC (25 May 2017).
Facts:
Following the running of Race 1, the “Maneline Farrier Supplies Handicap Trot”, Information A3791 was filed by Senior Stipendiary Steward, Mr J Muirhead alleging a breach of Rule 869 (4) and Passing Lane Regulations by Open Horseman, Mr K Chittenden. The Information stated “that he (K Chittenden) allowed MALABAR SPUR to shift into the passing lane failing to allow the trailing horse THE HULK full access to the expanded lane”.
Mr Chittenden signed the Information indicating he admitted the breach and confirmed this at the hearing and also that he understood the Rule under which he had been charged.
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”.
Clause 4 of the Passing Lanes, False Rails and Home Straight Regulations 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 horses full access to the expanded inside lane”.
Mr Muirhead, using the head on film of the horses entering the home straight for the final time, identified Mr Chittenden driving “Malabar Spur” leading the field with “The Hulk” driven by Mr J Abernethy immediately behind him. To the outside of Mr Chittenden in the “parked” position was the stable mate of “Malabar Spur” – “Above The Rest” driven by Mr S Abernethy. Mr Muirhead said as “Malabar Spur” straightened for the run home Mr Chittenden allowed the horse to drift inwards into the Passing Lane and in doing so he denied the trailing Horse – “The Hulk” – the access it was entitled to. After approximately another 100m Mr Muirhead said Mr Chittenden did move his horse outwards giving “The Hulk” the room it needed and allowing it an unimpeded run to line. By this time however, “Above The Rest” had gone to the lead and was able to maintain that lead to the finish beating “The Hulk” by a long neck. Mr Muirhead described the severity of the breach as being in the mid range.
Mr Muirhead said that to the public watching the race it could be perceived that Mr Chittenden’s actions were deliberate to enable the stable mate to go on and win the race but when asked by the Chairman if he was saying that Mr Chittenden’s deliberately moved into the Passing Lane to impede the chances of “The Hulk” he said he did not think he had.
Mr Chittenden said that his horse had been hanging throughout the race and as soon as he heard the driver of “The Hulk” call out he straightened his horse which allowed him get through on the Passing Lane.
Submissions for Penalty:
Mr Muirhead said Mr Chittenden had not breached this Rule in the previous 12 months and had admitted the breach at the earliest opportunity. He said the JCA’s Guidelines state the starting point for a breach of this Rule is a $400 fine or an 8 drives suspension and submitted that a penalty lower than the starting point would be appropriate.
Mr Chittenden said that he would prefer a suspension to a fine and after consideration said that he did not wish to seek any deferment of a suspension if one was to be imposed. He said he normally drove his own horses and had 1 or 2 drives at each meeting.
Reasons for Penalty:
The Committee has reviewed the films of incident and the submissions of all parties. It is clear that on entering the home straight for the final time Mr Chittenden (the part owner, trainer and driver of “Malabar Spur” was leading the race with his stable mate “Above The Rest” (also part owned and trained by Mr Chittenden) to his outside in the “parked” position. Immediately behind Mr Chittenden was “The Hulk”. The Rules of Harness racing and the Passing Lanes, False Rails and Home Straight Regulations require drivers in that position to maintain as straight a line as possible in the run home and to impede the progress of any horse in the passing lane by moving inwards and denying it space in the expanded lane. Mr Chittenden, in moving inwards and staying in for at least 100m before then moving out and allowing Mr Abernethy full access to the passing lane, has clearly breached the Rule and the Regulations.
Mr Muirhead’s comments that Mr Chittenden’s actions could be perceived by some as allowing his stable mate to go on and win the race are justified but it is also noted that had the Stipendiary Stewards believed Mr Chittenden’s actions were deliberate he would no doubt have been facing a more serious charge. The Committee notes, however, that once in the clear “The Hulk” ran on strongly and was beaten by a long neck into second place.
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 notes that Mr Chittenden has said he would prefer a suspension to a fine and believes on this occasion a suspension is an appropriate penalty. Given Mr Chittenden has not breached this Rule in the previous 12 months, has admitted the breach and has 1-2 drives per meeting the Committee is prepared to reduce the starting point by 2 drives. There are no additional aggravating factors to justify increasing the penalty above one of 6 drives and the Committee believes a suspension of 6 drives is equivalent to 3 driving days.
The Committee offered Mr Chittenden the opportunity to be given a 2 day suspension and a fine to allow him to drive on the second day of this meeting on Thursday 4 May 2017 but he indicated he preferred not to have to pay any fine as part of the penalty imposed.
The Committee also notes that Mr Chittenden is a Central Districts driver only and while he did briefly mention during the hearing that he might have a horse racing in the northern region in the future he provided no specific details to justify the inclusion of non Central District days in the period of suspension.
JCA Decision Fields (raw)
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hearingid: bfa92a320a50a24c097dcd98b6dcf52f
informantnumber: A3791
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Failing to allow access to Passing Lane
plea: admitted
penaltyrequired: 1
decisiondate: 02/05/2017
hearing_title: Manawatu HRC 2 May 2017 - R 1 - Chair, Mr P Williams
charge:
facts:
Following the running of Race 1, the “Maneline Farrier Supplies Handicap Trot”, Information A3791 was filed by Senior Stipendiary Steward, Mr J Muirhead alleging a breach of Rule 869 (4) and Passing Lane Regulations by Open Horseman, Mr K Chittenden. The Information stated “that he (K Chittenden) allowed MALABAR SPUR to shift into the passing lane failing to allow the trailing horse THE HULK full access to the expanded lane”.
Mr Chittenden signed the Information indicating he admitted the breach and confirmed this at the hearing and also that he understood the Rule under which he had been charged.
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”.
Clause 4 of the Passing Lanes, False Rails and Home Straight Regulations 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 horses full access to the expanded inside lane”.
Mr Muirhead, using the head on film of the horses entering the home straight for the final time, identified Mr Chittenden driving “Malabar Spur” leading the field with “The Hulk” driven by Mr J Abernethy immediately behind him. To the outside of Mr Chittenden in the “parked” position was the stable mate of “Malabar Spur” – “Above The Rest” driven by Mr S Abernethy. Mr Muirhead said as “Malabar Spur” straightened for the run home Mr Chittenden allowed the horse to drift inwards into the Passing Lane and in doing so he denied the trailing Horse – “The Hulk” – the access it was entitled to. After approximately another 100m Mr Muirhead said Mr Chittenden did move his horse outwards giving “The Hulk” the room it needed and allowing it an unimpeded run to line. By this time however, “Above The Rest” had gone to the lead and was able to maintain that lead to the finish beating “The Hulk” by a long neck. Mr Muirhead described the severity of the breach as being in the mid range.
Mr Muirhead said that to the public watching the race it could be perceived that Mr Chittenden’s actions were deliberate to enable the stable mate to go on and win the race but when asked by the Chairman if he was saying that Mr Chittenden’s deliberately moved into the Passing Lane to impede the chances of “The Hulk” he said he did not think he had.
Mr Chittenden said that his horse had been hanging throughout the race and as soon as he heard the driver of “The Hulk” call out he straightened his horse which allowed him get through on the Passing Lane.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Chittenden admitted the breach the charge was found proved.
sumissionsforpenalty:
Mr Muirhead said Mr Chittenden had not breached this Rule in the previous 12 months and had admitted the breach at the earliest opportunity. He said the JCA’s Guidelines state the starting point for a breach of this Rule is a $400 fine or an 8 drives suspension and submitted that a penalty lower than the starting point would be appropriate.
Mr Chittenden said that he would prefer a suspension to a fine and after consideration said that he did not wish to seek any deferment of a suspension if one was to be imposed. He said he normally drove his own horses and had 1 or 2 drives at each meeting.
reasonsforpenalty:
The Committee has reviewed the films of incident and the submissions of all parties. It is clear that on entering the home straight for the final time Mr Chittenden (the part owner, trainer and driver of “Malabar Spur” was leading the race with his stable mate “Above The Rest” (also part owned and trained by Mr Chittenden) to his outside in the “parked” position. Immediately behind Mr Chittenden was “The Hulk”. The Rules of Harness racing and the Passing Lanes, False Rails and Home Straight Regulations require drivers in that position to maintain as straight a line as possible in the run home and to impede the progress of any horse in the passing lane by moving inwards and denying it space in the expanded lane. Mr Chittenden, in moving inwards and staying in for at least 100m before then moving out and allowing Mr Abernethy full access to the passing lane, has clearly breached the Rule and the Regulations.
Mr Muirhead’s comments that Mr Chittenden’s actions could be perceived by some as allowing his stable mate to go on and win the race are justified but it is also noted that had the Stipendiary Stewards believed Mr Chittenden’s actions were deliberate he would no doubt have been facing a more serious charge. The Committee notes, however, that once in the clear “The Hulk” ran on strongly and was beaten by a long neck into second place.
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 notes that Mr Chittenden has said he would prefer a suspension to a fine and believes on this occasion a suspension is an appropriate penalty. Given Mr Chittenden has not breached this Rule in the previous 12 months, has admitted the breach and has 1-2 drives per meeting the Committee is prepared to reduce the starting point by 2 drives. There are no additional aggravating factors to justify increasing the penalty above one of 6 drives and the Committee believes a suspension of 6 drives is equivalent to 3 driving days.
The Committee offered Mr Chittenden the opportunity to be given a 2 day suspension and a fine to allow him to drive on the second day of this meeting on Thursday 4 May 2017 but he indicated he preferred not to have to pay any fine as part of the penalty imposed.
The Committee also notes that Mr Chittenden is a Central Districts driver only and while he did briefly mention during the hearing that he might have a horse racing in the northern region in the future he provided no specific details to justify the inclusion of non Central District days in the period of suspension.
penalty:
Mr Chittenden is suspended for 3 days from the close of racing on Tuesday 2 May 2017 to the close of racing on Thursday 25 May 2017. The 3 days are:- Wairarapa HRC (4 May 2017), Manawatu HRC (23 May 2017) and Manawatu HRC (25 May 2017).
hearing_type: Hearing
Rules: 869(4)and Passing Lane Regulations
Informant: Mr J Muirhead - Senior Stipendiary Steward
JockeysandTrainer: Mr K Chittenden - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 09a6358e879e357bf271693b57a01e59
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race_title: R 1
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meetdate: 02/05/2017
meet_title: Manawatu HRC - 2 May 2017
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