Marlborough HRC 22 January 2016 – R3 – Chair, Mr P Williams
ID: JCA10980
Meet Title:
Marlborough HRC - 22 January 2016
Meet Chair:
PWilliams
Meet Committee Member 1:
RMcKenzie
Race Date:
2016/01/22
Race Number:
R3
Decision:
Penalty:
Mr Cox is fined $200.
Facts:
Following the running of race 3 the “Carters Building Supplies Maiden Mobile Pace” Information A8011 was filed by Stipendiary Steward, Mr N Ydgren alleging a breach of Rule 869 (4)(6)(b)(c) by Open Horseman, Mr J Cox. The Information stated “driver J Cox when driving “Red October” forced “Alpha Rock” (D Dunn) wider on the track near the 1450m - (Push Out Rule). Mr Cox signed the Information admitting the breach. Prior to the hearing commencing Mr Ydgren advised that Mr Cox had indicated when being served with Information that he 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”.
Rule 869(6) states:-
“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 I line with or past its sulky wheel and until the wider runner going forward is fully past.”
Rule 869(7) states:-
“Sub-rule 6(b) and (c) of this Rule shall apply until 1000m from the finish of the race……”
Submissions for Decision:
Mr Ydgren used the side on film to identify Mr Cox racing in second last position with Mr Dunn behind him as both passed the winning post with a lap to go. He said Mr Dunn could be seen moving forward and when he got to the outside of Mr Cox’s wheel Mr Cox shifted out forcing Mr Dunn to race 4 wide going out of the bend thereby breaching the “Push Out Rule”.
Submissions for Penalty:
Mr Ydgren said Mr Cox had had 262 drives so far this season and 564 in the previous season and had not breached this Rule in the previous 12 months. He said Mr Cox had admitted the breach at the earliest opportunity and also asked the Committee to note that whilst Mr Dunn has been forced to race 4 wide by going out of the straight for the last time he had gone on to win the race. Mr Ydgren said he was aware the JCA’s Penalty Guidelines state a starting point for a breach of this Rule is a $250 fine or a 5 drives suspension but submitted because of the mitigating factors detailed above that a penalty of a fine of no more than $200 was appropriate in this case.
Reasons for Penalty:
The Committee has reviewed the film of the incident and the submissions of Mr Ydgren. It is quite clear that passing the winning post with a lap to go Mr Dunn came up alongside Mr Cox at which point Mr Cox moved out forcing Mr Dunn to race in a 4 wide position for some distance. The Committee believes the severity of the breach of the “Push Out Rule” to be in the low range. The Committee notes Mr Cox has admitted the breach and has not been charged under this Rule in the previous 12 months.
The JCA’s Penalty Guidelines state a starting point for a breach of this Rule is a $250 fine or a 5 drives suspension. However, after consideration of all the matters above and also reviewing the penalties given to “first time offenders” for similar breaches of this Rule over recent months the Committee believes that on this occasion a fine is an appropriate penalty.
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: 0fefcc7ee9189a8694213a73721c6f7d
informantnumber: A8011
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Push Out Rule
plea: admitted
penaltyrequired: 1
decisiondate: 25/01/2016
hearing_title: Marlborough HRC 22 January 2016 - R3 - Chair, Mr P Williams
charge:
facts:
Following the running of race 3 the “Carters Building Supplies Maiden Mobile Pace” Information A8011 was filed by Stipendiary Steward, Mr N Ydgren alleging a breach of Rule 869 (4)(6)(b)(c) by Open Horseman, Mr J Cox. The Information stated “driver J Cox when driving “Red October” forced “Alpha Rock” (D Dunn) wider on the track near the 1450m - (Push Out Rule). Mr Cox signed the Information admitting the breach. Prior to the hearing commencing Mr Ydgren advised that Mr Cox had indicated when being served with Information that he 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”.
Rule 869(6) states:-
“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 I line with or past its sulky wheel and until the wider runner going forward is fully past.”
Rule 869(7) states:-
“Sub-rule 6(b) and (c) of this Rule shall apply until 1000m from the finish of the race……”
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren used the side on film to identify Mr Cox racing in second last position with Mr Dunn behind him as both passed the winning post with a lap to go. He said Mr Dunn could be seen moving forward and when he got to the outside of Mr Cox’s wheel Mr Cox shifted out forcing Mr Dunn to race 4 wide going out of the bend thereby breaching the “Push Out Rule”.
reasonsfordecision:
Decision:
sumissionsforpenalty:
Mr Ydgren said Mr Cox had had 262 drives so far this season and 564 in the previous season and had not breached this Rule in the previous 12 months. He said Mr Cox had admitted the breach at the earliest opportunity and also asked the Committee to note that whilst Mr Dunn has been forced to race 4 wide by going out of the straight for the last time he had gone on to win the race. Mr Ydgren said he was aware the JCA’s Penalty Guidelines state a starting point for a breach of this Rule is a $250 fine or a 5 drives suspension but submitted because of the mitigating factors detailed above that a penalty of a fine of no more than $200 was appropriate in this case.
reasonsforpenalty:
The Committee has reviewed the film of the incident and the submissions of Mr Ydgren. It is quite clear that passing the winning post with a lap to go Mr Dunn came up alongside Mr Cox at which point Mr Cox moved out forcing Mr Dunn to race in a 4 wide position for some distance. The Committee believes the severity of the breach of the “Push Out Rule” to be in the low range. The Committee notes Mr Cox has admitted the breach and has not been charged under this Rule in the previous 12 months.
The JCA’s Penalty Guidelines state a starting point for a breach of this Rule is a $250 fine or a 5 drives suspension. However, after consideration of all the matters above and also reviewing the penalties given to “first time offenders” for similar breaches of this Rule over recent months the Committee believes that on this occasion a fine is an appropriate penalty.
penalty:
Mr Cox is fined $200.
hearing_type: Hearing
Rules: 869(4)(6)(b)
Informant: Mr N Ydgren - Stipendiary Steward
JockeysandTrainer: Mr J Cox - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: a6f14c06c271713b1171cacd1b0b293c
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 74a087de97d9ec1187d40c22e12b1046
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 22/01/2016
meet_title: Marlborough HRC - 22 January 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: marlborough-hrc
meet_racingtype: harness-racing
meet_chair: PWilliams
meet_pm1: RMcKenzie
meet_pm2: none
name: Marlborough HRC