Nelson HRC – 8 January 2010 – Race 6
ID: JCA22971
Hearing Type (Code):
harness-racing
Meet Title:
Nelson HRC - 8 January 2010
Race Date:
2010/01/08
Race Number:
Race 6
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
--Information No. 68316
Meeting Nelson Harness Racing Club at Richmond Park, Nelson
Date Friday 8 January 2010
Judicial Committee Chairman : P H M Welch Panel Member : P Williams
Race 6
Rule 870 (1) (2) (a)
Plea Not Admitted
Informant : Mr N Ydgren, Stipendiary Steward
Defendant : Mr M Pash, Driver of COURAGE TO BURN
Following the running of race 6, the Paul Stephens Panel & Paint Pace, Information # 68316 was lodged against Mr M Pash, the driver of COURAGE TO BURN, alleging a breach of Rule 870 (1) (2) (a), in that he failed to take his horse clear of the field when galloping when the opportunity existed.
RACEDAY JUDICIAL COMMITTEE DECISION
--Information No. 68316
Meeting Nelson Harness Racing Club at Richmond Park, Nelson
Date Friday 8 January 2010
Judicial Committee Chairman : P H M Welch Panel Member : P Williams
Race 6
Rule 870 (1) (2) (a)
Plea Not Admitted
Informant : Mr N Ydgren, Stipendiary Steward
Defendant : Mr M Pash, Driver of COURAGE TO BURN
Following the running of race 6, the Paul Stephens Panel & Paint Pace, Information # 68316 was lodged against Mr M Pash, the driver of COURAGE TO BURN, alleging a breach of Rule 870 (1) (2) (a), in that he failed to take his horse clear of the field when galloping when the opportunity existed.
--Mr Pash denied the breach.
--Introducing his evidence, Mr Ydgren said that shortly after the start, Mr Pash’s horse COURAGE TO BURN, who was in the trail, galloped and the field broke into two divisions with a substantial distance opening up between the two.
--It was the stewards’ view that Mr Pash should have shifted his horse wider on the track but, instead he remained in his position, on the pylon line, with his horse galloping. This caused all those horses in the second division to shift around him.
--Several videos of the incident were shown and commented on by Steward Mr Renault. He showed that Mr Pash galloped for up to 150 metres and, prior to the second group of horses coming up to him, Mr Pash had every opportunity to move his horse out and clear of the field, and he failed to do so.
--Mr Ydgren concluded by saying that, whilst there were no real consequential effects and no horse materially disadvantaged on this occasion, the rule is there for several reasons, one of which is safety. He indicated that, had Mr Pash shifted out on the track, there would be no reason for other horses to avoid a galloping horse, when they should not have to be in a position to do so.
--Mr Pash, in response, acknowledged that his horse had galloped. He said he had looked but initially there wasn’t room and he had another look after he had galloped about 50 metres. He said there was a gap but he saw a horse (Mr Davis’s) and he thought he should wait. He didn’t make the ground, however, and then the others were upon him and he thought, in the circumstances, it was safer for them to go around than to risk causing interference.
--He added that he called out initially and when he looked back the second time, the horses behind had moved out anyway.
--DECISION
In this case, horseman Mr Pash appears on an alleged breach of Rule 870 (1) (2) (a) following race 6, in that he failed to take COURAGE TO BURN clear of the field when galloping, when the opportunity existed.
Evidence was heard from the stipendiary stewards, and the videos of the race showed that shortly after the start Mr Pash, who was in the leading group of horses, galloped and, in a break, drifted back. The field had divided into two divisions and Mr Pash said he had looked to clear but a horse was close to him. He continued in a break and, when he looked again, the trailing horses were close and he didn’t have the opportunity then to take his horse clear of the field without causing some disruption to them.
--Rule 870 (1) (2) (a) reads : -
--(1) When any horse breaks from its gait in any race its horseman shall immediately take all reasonable steps to return it to its proper gait and where clearance exists immediately take such horse clear of the field.
(2) The following shall be a breach of sub-rule (1) hereof :
(a) failure to take the horse clear of the field .. .
From the evidence that we have seen, and had described, the committee cannot agree with Mr Pash’s account.
--We are satisfied there was sufficient time for him to take his horse, COURAGE TO BURN, clear of the field when it was in a break. We find there was considerable distance between Mr Pash, in a break, and the trailing second division of horses and a clear opportunity existed to take the horse clear. He failed to do so, and we find the charge proved.
--PENALTY
In respect to penalty, Mr Ydgren referred to the penalty guide and said there was little reason to deviate from the moderate fine.
Mr Pash said he had been driving for many years, that he was aware of the rule and that he had not previously been charged under this rule. He felt there were some mitigating circumstances in that he believed that Mr Davis’ horse had galloped and lost ground when it had actually been making ground on him.
--In determining penalty, the committee acknowledges Mr Pash’s experience, but the rule specifically indicates the horse shall be taken clear immediately, and the only benefit that can be given is where the incident occurred in the context of the race and the other horses were not materially affected. We see no reason to deviate from the recommended penalty. Mr Pash is fined the sum of $200.00
P H Welch P Williams
Chair Committee member
68316
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: d7b5540e2ffef358f02e68b7d0afb76c
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 08/01/2010
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Nelson HRC - 8 January 2010 - Race 6
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
--Information No. 68316
Meeting Nelson Harness Racing Club at Richmond Park, Nelson
Date Friday 8 January 2010
Judicial Committee Chairman : P H M Welch Panel Member : P Williams
Race 6
Rule 870 (1) (2) (a)
Plea Not Admitted
Informant : Mr N Ydgren, Stipendiary Steward
Defendant : Mr M Pash, Driver of COURAGE TO BURN
Following the running of race 6, the Paul Stephens Panel & Paint Pace, Information # 68316 was lodged against Mr M Pash, the driver of COURAGE TO BURN, alleging a breach of Rule 870 (1) (2) (a), in that he failed to take his horse clear of the field when galloping when the opportunity existed.
RACEDAY JUDICIAL COMMITTEE DECISION
--Information No. 68316
Meeting Nelson Harness Racing Club at Richmond Park, Nelson
Date Friday 8 January 2010
Judicial Committee Chairman : P H M Welch Panel Member : P Williams
Race 6
Rule 870 (1) (2) (a)
Plea Not Admitted
Informant : Mr N Ydgren, Stipendiary Steward
Defendant : Mr M Pash, Driver of COURAGE TO BURN
Following the running of race 6, the Paul Stephens Panel & Paint Pace, Information # 68316 was lodged against Mr M Pash, the driver of COURAGE TO BURN, alleging a breach of Rule 870 (1) (2) (a), in that he failed to take his horse clear of the field when galloping when the opportunity existed.
--Mr Pash denied the breach.
--Introducing his evidence, Mr Ydgren said that shortly after the start, Mr Pash’s horse COURAGE TO BURN, who was in the trail, galloped and the field broke into two divisions with a substantial distance opening up between the two.
--It was the stewards’ view that Mr Pash should have shifted his horse wider on the track but, instead he remained in his position, on the pylon line, with his horse galloping. This caused all those horses in the second division to shift around him.
--Several videos of the incident were shown and commented on by Steward Mr Renault. He showed that Mr Pash galloped for up to 150 metres and, prior to the second group of horses coming up to him, Mr Pash had every opportunity to move his horse out and clear of the field, and he failed to do so.
--Mr Ydgren concluded by saying that, whilst there were no real consequential effects and no horse materially disadvantaged on this occasion, the rule is there for several reasons, one of which is safety. He indicated that, had Mr Pash shifted out on the track, there would be no reason for other horses to avoid a galloping horse, when they should not have to be in a position to do so.
--Mr Pash, in response, acknowledged that his horse had galloped. He said he had looked but initially there wasn’t room and he had another look after he had galloped about 50 metres. He said there was a gap but he saw a horse (Mr Davis’s) and he thought he should wait. He didn’t make the ground, however, and then the others were upon him and he thought, in the circumstances, it was safer for them to go around than to risk causing interference.
--He added that he called out initially and when he looked back the second time, the horses behind had moved out anyway.
--DECISION
In this case, horseman Mr Pash appears on an alleged breach of Rule 870 (1) (2) (a) following race 6, in that he failed to take COURAGE TO BURN clear of the field when galloping, when the opportunity existed.
Evidence was heard from the stipendiary stewards, and the videos of the race showed that shortly after the start Mr Pash, who was in the leading group of horses, galloped and, in a break, drifted back. The field had divided into two divisions and Mr Pash said he had looked to clear but a horse was close to him. He continued in a break and, when he looked again, the trailing horses were close and he didn’t have the opportunity then to take his horse clear of the field without causing some disruption to them.
--Rule 870 (1) (2) (a) reads : -
--(1) When any horse breaks from its gait in any race its horseman shall immediately take all reasonable steps to return it to its proper gait and where clearance exists immediately take such horse clear of the field.
(2) The following shall be a breach of sub-rule (1) hereof :
(a) failure to take the horse clear of the field .. .
From the evidence that we have seen, and had described, the committee cannot agree with Mr Pash’s account.
--We are satisfied there was sufficient time for him to take his horse, COURAGE TO BURN, clear of the field when it was in a break. We find there was considerable distance between Mr Pash, in a break, and the trailing second division of horses and a clear opportunity existed to take the horse clear. He failed to do so, and we find the charge proved.
--PENALTY
In respect to penalty, Mr Ydgren referred to the penalty guide and said there was little reason to deviate from the moderate fine.
Mr Pash said he had been driving for many years, that he was aware of the rule and that he had not previously been charged under this rule. He felt there were some mitigating circumstances in that he believed that Mr Davis’ horse had galloped and lost ground when it had actually been making ground on him.
--In determining penalty, the committee acknowledges Mr Pash’s experience, but the rule specifically indicates the horse shall be taken clear immediately, and the only benefit that can be given is where the incident occurred in the context of the race and the other horses were not materially affected. We see no reason to deviate from the recommended penalty. Mr Pash is fined the sum of $200.00
P H Welch P Williams
Chair Committee member
68316
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 870.1.2.a
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 5a9cb7404070db3c15abb1b6d3b9714f
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race_title: Race 6
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meetdate: 08/01/2010
meet_title: Nelson HRC - 8 January 2010
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