Methven TC 15 April 2018 – R 3 – Chair, Mr D Anderson
ID: JCA16510
Meet Title:
Methven TC - 15 April 2018
Meet Chair:
DAnderson
Meet Committee Member 1:
SChing
Race Date:
2018/04/15
Race Number:
R 3
Decision:
We therefore find the charged proved.
Penalty:
Accordingly, Mr Borcoskie’s licence to drive is suspended from after the conclusion of racing on the 22nd April 2018 up to and including racing on the 28th April 2018. Meetings encompassed in this suspension are:
Addington 26th April 2018
Ashburton 28th April 2018.
Facts:
Following the running of Race 3 the “MID CANTERBURY TROTTING OWNERS PACE” an Information was filed by Stipendiary Steward Mr S Renault alleging a breach of Rule 869 (4)(6)(b)(c) by Open Driver Mr B Borcoskie. The Information stated that Driver B Borcoskie shifted ground outwards prior to the 1000 metres forcing FLETCH (C Defilippi) onto FLYING MASTERWILLIAMS (L O Reilly) and CAPITAL PLAN (L McCormick) which had to race wider.
Mr Borcoskie had signed the information stating he did not admit the breach and he confirmed that he understood the rule with which he was being charged.
Rule 869(4)(6)(b)(c) reads as follows.
(4) 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.”
Submissions for Decision:
Mr Renault used the race video to identify Mr Borcoskie racing 5 back on the rail and Mr DeFilippi (FLETCH) racing a length back in the two- wide line. Mr Renault used two angles of film to show Mr Hope (A BETTER DANCER) who was racing outside Mr Borcoskie, move out three wide with approximately 1250 metres to run. He contended that Mr Borcoskie angled out into the vacated position but by then Mr DeFilippi had improved forward onto the outside of Mr Borcoskie’s wheel and was dictated outwards forcing Mr O Reilly and Mr McCormick to race wider. Mr Renault said this was an error of judgement which impacted on several runners.
Mr Borcoskie in presenting his defence said that he had taken the gap to his outside in the belief that he had plenty of room to do so. He told the Committee that he would have no hesitation in repeating the manoeuvre in the future.
Mr Borcoskie was asked by the Committee if he was aware that Mr DeFilippi was to his outside and he said that he was not until he appeared further on in the race. The Committee also asked if Mr Borcoskie would consider calling Mr DeFilippi as his witness but he declined.
Reasons for Decision:
The Committee carefully considered all the evidence presented and viewed all available films. This Committee is satisfied that Mr Borcoskie shifted out when Mr DeFilippi was on his wheel forcing him wider on the track. We determined that Mr Borcoskie has made an error of judgement by not ensuring sufficient room for his manoeuvre and the result of which has forced runners wider prior to the 1000 metres breaching the push out rule.
Submissions for Penalty:
Mr Renault said Mr Borcoskie has had 30 drives this season and 49 last season, with a clear record under this rule. Mr Renault said the Stewards saw this breach as a low range breach but there were mid-range consequences, with three runners being inconvenienced. He said the JCA Penalty Guide provides a $250 fine or a 5-drive suspension for a mid-range breach of this rule and that Stewards were seeking a 5-drive suspension in this case. Mr Renault said Mr Borcoskie would drive an average of 2 drives per meeting which Mr Borcoskie agreed.
Mr Borcoskie submitted that he would prefer a suspension but requested a deferment of penalty until after racing at Rangiora on 22 April.
Reasons for Penalty:
The JCA Penalty Guide provides a starting point for a breach of this rule of five drives, or a fine of $250. This Committee determined that a suspension is an appropriate penalty in this case.
There are no aggravating factors to consider so no uplift in penalty is warranted.
The Mitigating factor is Mr Borcoskie’s excellent record for which we afford him a discount of 1 drive.
We conclude that a 2-day suspension equated to a 4-drive suspension, in Mr Borcoskie’s case, and that a 2-day suspension is an appropriate penalty.
Mr Borcoskie’s request for a deferment until after racing on the 22nd April 2018 is granted by the Committee.
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: bdb8d89df70627a37283cc6903d047e8
informantnumber: A10174
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of Rule 869(4)(6)(b)(c) - the push out rule
plea: denied
penaltyrequired: 1
decisiondate: 16/04/2018
hearing_title: Methven TC 15 April 2018 - R 3 - Chair, Mr D Anderson
charge:
facts:
Following the running of Race 3 the “MID CANTERBURY TROTTING OWNERS PACE” an Information was filed by Stipendiary Steward Mr S Renault alleging a breach of Rule 869 (4)(6)(b)(c) by Open Driver Mr B Borcoskie. The Information stated that Driver B Borcoskie shifted ground outwards prior to the 1000 metres forcing FLETCH (C Defilippi) onto FLYING MASTERWILLIAMS (L O Reilly) and CAPITAL PLAN (L McCormick) which had to race wider.
Mr Borcoskie had signed the information stating he did not admit the breach and he confirmed that he understood the rule with which he was being charged.
Rule 869(4)(6)(b)(c) reads as follows.
(4) 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.”
appealdecision:
isappeal:
submissionsfordecision:
Mr Renault used the race video to identify Mr Borcoskie racing 5 back on the rail and Mr DeFilippi (FLETCH) racing a length back in the two- wide line. Mr Renault used two angles of film to show Mr Hope (A BETTER DANCER) who was racing outside Mr Borcoskie, move out three wide with approximately 1250 metres to run. He contended that Mr Borcoskie angled out into the vacated position but by then Mr DeFilippi had improved forward onto the outside of Mr Borcoskie’s wheel and was dictated outwards forcing Mr O Reilly and Mr McCormick to race wider. Mr Renault said this was an error of judgement which impacted on several runners.
Mr Borcoskie in presenting his defence said that he had taken the gap to his outside in the belief that he had plenty of room to do so. He told the Committee that he would have no hesitation in repeating the manoeuvre in the future.
Mr Borcoskie was asked by the Committee if he was aware that Mr DeFilippi was to his outside and he said that he was not until he appeared further on in the race. The Committee also asked if Mr Borcoskie would consider calling Mr DeFilippi as his witness but he declined.
reasonsfordecision:
The Committee carefully considered all the evidence presented and viewed all available films. This Committee is satisfied that Mr Borcoskie shifted out when Mr DeFilippi was on his wheel forcing him wider on the track. We determined that Mr Borcoskie has made an error of judgement by not ensuring sufficient room for his manoeuvre and the result of which has forced runners wider prior to the 1000 metres breaching the push out rule.
Decision:
We therefore find the charged proved.
sumissionsforpenalty:
Mr Renault said Mr Borcoskie has had 30 drives this season and 49 last season, with a clear record under this rule. Mr Renault said the Stewards saw this breach as a low range breach but there were mid-range consequences, with three runners being inconvenienced. He said the JCA Penalty Guide provides a $250 fine or a 5-drive suspension for a mid-range breach of this rule and that Stewards were seeking a 5-drive suspension in this case. Mr Renault said Mr Borcoskie would drive an average of 2 drives per meeting which Mr Borcoskie agreed.
Mr Borcoskie submitted that he would prefer a suspension but requested a deferment of penalty until after racing at Rangiora on 22 April.
reasonsforpenalty:
The JCA Penalty Guide provides a starting point for a breach of this rule of five drives, or a fine of $250. This Committee determined that a suspension is an appropriate penalty in this case.
There are no aggravating factors to consider so no uplift in penalty is warranted.
The Mitigating factor is Mr Borcoskie’s excellent record for which we afford him a discount of 1 drive.
We conclude that a 2-day suspension equated to a 4-drive suspension, in Mr Borcoskie’s case, and that a 2-day suspension is an appropriate penalty.
Mr Borcoskie’s request for a deferment until after racing on the 22nd April 2018 is granted by the Committee.
penalty:
Accordingly, Mr Borcoskie’s licence to drive is suspended from after the conclusion of racing on the 22nd April 2018 up to and including racing on the 28th April 2018. Meetings encompassed in this suspension are:
Addington 26th April 2018
Ashburton 28th April 2018.
hearing_type: Hearing
Rules: 869(4)(6)(b)(c)
Informant: Mr S Renault - Stipendiary Steward
JockeysandTrainer: Mr B Borcoskie - Open Driver
Otherperson: Mr D Wadley - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: fc757cb435aa1889ba38610c113b899b
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 0d70d731b7d96432702256fcefcf3b4e
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 15/04/2018
meet_title: Methven TC - 15 April 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: methven-tc
meet_racingtype: harness-racing
meet_chair: DAnderson
meet_pm1: SChing
meet_pm2: none
name: Methven TC