Manawatu HRC 26 November 2015 – R 6 – Chair, Mr T Utikere
ID: JCA11539
Meet Title:
Manawatu HRC - 26 November 2015
Meet Chair:
TUtikere
Meet Committee Member 1:
NMcCutcheon
Race Date:
2015/11/26
Race Number:
R 6
Decision:
As the charge was admitted, the committee found the charge proved.
Penalty:
Mr Poutama’s Junior Horseman’s licence is suspended from the close of racing on Sunday 29 November, up to and including racing on Friday 4 December. This incorporates the Cambridge (3rd) and Auckland (4th) meetings.
Facts:
Following the running of Race 6 (Allan McNeill Accountancy Mobile Pace 2500m), Information A6511 was filed with the judicial committee. It alleged a breach of Rule 869(4), in that Mr Poutama “Drove in a manner which interfered with his own horse “ALL THAT GLITTERS” which broke and lost ground by attempting to shift “BIG RED JOHN’ (B Butcher) wider on the track near the 700 metres.”
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 Poutama, assisted by Senior Horseman Scott Phelan, confirmed he understood the rule and that he admitted the breach.
Using the available films, Mr Jones identified ALL THAT GLITTERS positioned three on the running line with BIG RED JOHN located immediately to his outside. The films clearly showed Mr Poutama with his horse’s head turned to the outside. Approaching the 700 metres he commences to shift outwards, breaking shortly afterwards. Mr Jones observed that Mr B Butcher (BIG RED JOHN) was improving forward at that stage of the race, but the obligation was with the horseman who was shifting ground, and in doing so the horseman shifting ground was required to exercise care. On this occasion it appeared that Mr Butcher was able to hold Mr Poutama in his spot, and ALL THAT GLITTERS had broken as a result.
Assisting Mr Poutama, Mr Phelan observed that when Mr Poutama did start to push out he felt he had the advantage, however after about 30-40 metres he realised he had lost his advantage. By that stage it was too late to bring his horse down to the running line and his horse had galloped.
Submissions for Penalty:
Mr Jones referred to the JCA Penalty Guidelines, identifying the specific starting point for causing interference under this rule as an eight (8) drives suspension or $400 fine. In presenting penalty submissions, Mr Jones noted that Mr Poutama had admitted the breach at the earliest opportunity and that he had a clear record under this rule for the previous 12 month period. In response to a question from the Chairman, Mr Jones indicated Mr Poutama, whilst a junior driver, had 749 career drives with 74 winners. The stipendiary stewards also placed the level of interference within the low to mid-range.
Mr Phelan invited the committee to give favourable consideration to imposing a period of suspension as the penalty. To assist the committee he advised that Mr Poutama had engagements on the 29 November and would like any period of suspension to allow him to fulfil those engagements. He asked for the committee to consider Mr Poutama’s early admission of the breach and believed a 1 day suspension would be appropriate. It was noted that Mr Poutama was intending to drive at the upcoming Cambridge and Auckland meetings. Under questioning from the committee, Mr Poutama identified that he would average between two to four drives for each of those meetings.
Reasons for Penalty:
In making a decision on penalty, the committee considered all of the submissions placed before it. The JCA Penalty Guidelines suggest an eight (8) drives suspension or a $400 fine as a starting point for a breach of this rule. The committee considered a period of suspension as appropriate and adopted eight (8) drives as the starting point. It is clear that while Mr Poutama is a Junior Horseman, he has had a number of raceday drives which places his experience at a higher level than some other junior horsemen. The films clearly demonstrated that his horse’s head was out for several strides, indicating he was trying to push out, before he broke. He was intentionally trying to gain an advantage when he was not in a position to do so. The committee determined that a one (1) meeting suspension would result in a two (2) to four (4) drive suspension. In the committee’s view, this would result in a substantial reduction from the eight (8) drive starting point, and be inappropriate in this circumstance. Applying Mr Poutama’s good record and early admission of the breach in mitigation, a two (2) meeting suspension was considered appropriate.
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: 1cd49e149047a8b87408c5c1994056ab
informantnumber: A6511
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Driving in a manner causing interference
plea: admitted
penaltyrequired: 1
decisiondate: 27/11/2015
hearing_title: Manawatu HRC 26 November 2015 - R 6 - Chair, Mr T Utikere
charge:
facts:
Following the running of Race 6 (Allan McNeill Accountancy Mobile Pace 2500m), Information A6511 was filed with the judicial committee. It alleged a breach of Rule 869(4), in that Mr Poutama “Drove in a manner which interfered with his own horse “ALL THAT GLITTERS” which broke and lost ground by attempting to shift “BIG RED JOHN’ (B Butcher) wider on the track near the 700 metres.”
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 Poutama, assisted by Senior Horseman Scott Phelan, confirmed he understood the rule and that he admitted the breach.
Using the available films, Mr Jones identified ALL THAT GLITTERS positioned three on the running line with BIG RED JOHN located immediately to his outside. The films clearly showed Mr Poutama with his horse’s head turned to the outside. Approaching the 700 metres he commences to shift outwards, breaking shortly afterwards. Mr Jones observed that Mr B Butcher (BIG RED JOHN) was improving forward at that stage of the race, but the obligation was with the horseman who was shifting ground, and in doing so the horseman shifting ground was required to exercise care. On this occasion it appeared that Mr Butcher was able to hold Mr Poutama in his spot, and ALL THAT GLITTERS had broken as a result.
Assisting Mr Poutama, Mr Phelan observed that when Mr Poutama did start to push out he felt he had the advantage, however after about 30-40 metres he realised he had lost his advantage. By that stage it was too late to bring his horse down to the running line and his horse had galloped.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the charge was admitted, the committee found the charge proved.
sumissionsforpenalty:
Mr Jones referred to the JCA Penalty Guidelines, identifying the specific starting point for causing interference under this rule as an eight (8) drives suspension or $400 fine. In presenting penalty submissions, Mr Jones noted that Mr Poutama had admitted the breach at the earliest opportunity and that he had a clear record under this rule for the previous 12 month period. In response to a question from the Chairman, Mr Jones indicated Mr Poutama, whilst a junior driver, had 749 career drives with 74 winners. The stipendiary stewards also placed the level of interference within the low to mid-range.
Mr Phelan invited the committee to give favourable consideration to imposing a period of suspension as the penalty. To assist the committee he advised that Mr Poutama had engagements on the 29 November and would like any period of suspension to allow him to fulfil those engagements. He asked for the committee to consider Mr Poutama’s early admission of the breach and believed a 1 day suspension would be appropriate. It was noted that Mr Poutama was intending to drive at the upcoming Cambridge and Auckland meetings. Under questioning from the committee, Mr Poutama identified that he would average between two to four drives for each of those meetings.
reasonsforpenalty:
In making a decision on penalty, the committee considered all of the submissions placed before it. The JCA Penalty Guidelines suggest an eight (8) drives suspension or a $400 fine as a starting point for a breach of this rule. The committee considered a period of suspension as appropriate and adopted eight (8) drives as the starting point. It is clear that while Mr Poutama is a Junior Horseman, he has had a number of raceday drives which places his experience at a higher level than some other junior horsemen. The films clearly demonstrated that his horse’s head was out for several strides, indicating he was trying to push out, before he broke. He was intentionally trying to gain an advantage when he was not in a position to do so. The committee determined that a one (1) meeting suspension would result in a two (2) to four (4) drive suspension. In the committee’s view, this would result in a substantial reduction from the eight (8) drive starting point, and be inappropriate in this circumstance. Applying Mr Poutama’s good record and early admission of the breach in mitigation, a two (2) meeting suspension was considered appropriate.
penalty:
Mr Poutama’s Junior Horseman’s licence is suspended from the close of racing on Sunday 29 November, up to and including racing on Friday 4 December. This incorporates the Cambridge (3rd) and Auckland (4th) meetings.
hearing_type: Hearing
Rules: Rule 869(4)
Informant: Mr B Jones - Stipendiary Steward
JockeysandTrainer: Mr A Poutama - Junior Horseman
Otherperson: Mr S Phelan - Senior Horseman assisting Mr A Poutama
PersonPresent:
Respondent:
StipendSteward:
raceid: b52288abdd61b295ddb6b85d49756a6d
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 3510e2635b97546b3c8cf53d00070d75
meet_expapproval:
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waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 26/11/2015
meet_title: Manawatu HRC - 26 November 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: manawatu-hrc
meet_racingtype: harness-racing
meet_chair: TUtikere
meet_pm1: NMcCutcheon
meet_pm2: none
name: Manawatu HRC