Methven TC 15 September 2019 – R 3 – Chair, Mr S Ching
ID: JCA17466
Meet Title:
Methven TC - 15 September 2019
Meet Chair:
SChing
Meet Committee Member 1:
DJackson
Race Date:
2019/09/15
Race Number:
R3
Decision:
As Mr May admitted the breach the charge was found proved.
Penalty:
Accordingly, Mr May was fined the sum of $200.
Facts:
Following the running of Race 3, the Ashburton MSA Liquor Centre Pace, an Information was filed by Stipendiary Steward Mr R Quirk against Open Horseman Mr R May, alleging a breach of Rule 869(4)(6)(b) (c), in that when driving EL CHAPO, he shifted outwards prior to the 1000m causing the improving ALTA ENDEAVOUR to be taken wider.
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 moment 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 May had endorsed on the Information that this breach of the Rules was admitted. Mr May requested, prior to the hearing, that due to his busy schedule of drives at the meeting, he be excused from attending the hearing, which was granted.
Mr Quirk gave evidence and used video coverage, with the assistance of Stipendiary Steward, Mrs C Tibbs, to show that approaching the 1100m EL CHAPO, driven by Mr May, was racing in 3rd to last place and two off the pylons with ALTA ENDEAVOUR, driven by Mr M Anderson, in last position and improving forward. Mr Quirk pointed out Mr Anderson, using the side on view, improving and positioned on the wheel of Mr May, when at 1100m, Mr May shifted out from a two-wide position to a three wide position forcing Mr Anderson wider on the track, when not entitled to. Mr Quirk stated that this was a clear breach of the push out rule.
Submissions for Penalty:
Mr Quirk informed the Committee that Mr May had driven on 48 occasions to date this season, with last season, 682 total drives. He stated that Mr May had readily admitted the breach and has a clear record regarding this rule. Mr Quirk stated that the JCA Penalty Guide showed that a starting point for a breach of this Rule was a fine of $250 and submitted that with Mr May’s good record and his admission of the breach, that a fine of $200 be considered as penalty in this case.
Reasons for Penalty:
In determining penalty, the Committee took into account all aggravating and mitigating factors. In mitigation, credit was given for Mr May’s ready admission of the breach and his good record. We determined that there were no aggravating factors in this case, therefore no uplift warranted. After adopting the JCA Penalty Guide starting point of a $250 fine, the Committee determined that we were able to afford Mr May a combined discount of $50 for his admission of the breach and his good record. We therefore determined that a fine of $200 was an appropriate penalty in this case.
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: e7b8bf908dffdd0e91f4269da96cbb72
informantnumber: A10770
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of Rule 869(4)(6)(b)(c)- the push out rule.
plea: admitted
penaltyrequired: 1
decisiondate: 16/09/2019
hearing_title: Methven TC 15 September 2019 - R 3 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 3, the Ashburton MSA Liquor Centre Pace, an Information was filed by Stipendiary Steward Mr R Quirk against Open Horseman Mr R May, alleging a breach of Rule 869(4)(6)(b) (c), in that when driving EL CHAPO, he shifted outwards prior to the 1000m causing the improving ALTA ENDEAVOUR to be taken wider.
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 moment 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 May had endorsed on the Information that this breach of the Rules was admitted. Mr May requested, prior to the hearing, that due to his busy schedule of drives at the meeting, he be excused from attending the hearing, which was granted.
Mr Quirk gave evidence and used video coverage, with the assistance of Stipendiary Steward, Mrs C Tibbs, to show that approaching the 1100m EL CHAPO, driven by Mr May, was racing in 3rd to last place and two off the pylons with ALTA ENDEAVOUR, driven by Mr M Anderson, in last position and improving forward. Mr Quirk pointed out Mr Anderson, using the side on view, improving and positioned on the wheel of Mr May, when at 1100m, Mr May shifted out from a two-wide position to a three wide position forcing Mr Anderson wider on the track, when not entitled to. Mr Quirk stated that this was a clear breach of the push out rule.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr May admitted the breach the charge was found proved.
sumissionsforpenalty:
Mr Quirk informed the Committee that Mr May had driven on 48 occasions to date this season, with last season, 682 total drives. He stated that Mr May had readily admitted the breach and has a clear record regarding this rule. Mr Quirk stated that the JCA Penalty Guide showed that a starting point for a breach of this Rule was a fine of $250 and submitted that with Mr May’s good record and his admission of the breach, that a fine of $200 be considered as penalty in this case.
reasonsforpenalty:
In determining penalty, the Committee took into account all aggravating and mitigating factors. In mitigation, credit was given for Mr May’s ready admission of the breach and his good record. We determined that there were no aggravating factors in this case, therefore no uplift warranted. After adopting the JCA Penalty Guide starting point of a $250 fine, the Committee determined that we were able to afford Mr May a combined discount of $50 for his admission of the breach and his good record. We therefore determined that a fine of $200 was an appropriate penalty in this case.
penalty:
Accordingly, Mr May was fined the sum of $200.
hearing_type: Hearing
Rules: 869(4)(6)(b)(c)
Informant: R Quirk- Stipendiary Steward
JockeysandTrainer: R May-Open Horseman
Otherperson: Mrs C Tibbs - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: e4da24c86959731d4cecb6fbb043bc53
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: 793164d579e6242476a48b76473cf401
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 15/09/2019
meet_title: Methven TC - 15 September 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: methven-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: DJackson
meet_pm2: none
name: Methven TC