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NZ Metro TC – 1 April 2011 – R 9

ID: JCA12728

Applicant:
Mr J. M. Muirhead - Stipendiary Steward

Respondent(s):
Mr N. R. McGrath - Open Horseman

Information Number:
69029

Hearing Type:
Hearing

Rules:
869(4) and (6)(b) and (c)

Plea:
admitted

Meet Title:
NZ Metro TC - 1 April 2011

Meet Chair:
JPhelan

Meet Committee Member 1:
RMcKenzie

Meet Committee Member 2:
BRowe

Race Date:
2011/04/01

Race Number:
R1

Decision:

The charge was found to be proved.

Penalty:

Mr McGrath was fined the sum of $200.

Charge:

Alleged breach of the Push Out Rule

Facts:

Following the running of Race 9, the Deutz Mobile Pace, an Information was filed by Stipendiary Steward Mr J. M. Muirhead against Open Horseman Mr N. R. McGrath, the driver of “Limited Edition” (1), alleging a breach of Rules 869(4) and (6)(b) and (c) in that he was in breach of the “push out” rule.
 
The charge reads as follows.
“I the above named informant allege that the above named Defendant committed a breach of Rule 869(4) and (6)(b) and (c) in that horseman N. R. McGrath when driving “LIMITED EDITION” near the 1500m shifted ground outwards forcing SEVAERG (F Cooney) to race wider on the track.”
 
Rules 869(4) and (6)(b) and (c) read 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:-
(a)….
(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.”
 
Mr McGrath had indicated on the Information that this breach of the Rules was admitted and also that he did not wish to be present at the hearing.

Submissions for Decision:

Mr Muirheard gave evidence and used video coverage to show that at about the 1500 metre mark Mr McGrath had breached the “push out” rule as described in the Information.

Reasons for Decision:

As Mr McGrath had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).

Submissions for Penalty:

In relation to penalty Mr Muirhead advised that Mr McGrath had no relevant previous convictions, and as the breach was admitted submitted that a fine of $200 should be imposed.

Reasons for Penalty:

In considering the matter of an appropriate penalty we took into account that Mr McGrath had admitted the breach and also that he had no previous relevant convictions. On looking at penalties imposed in similar circumstances we decided that a fine of $200 would be appropriate in this case.

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: 503ac8f40912a239a938e389113bc255

informantnumber: 69029

horsename:

hearing_racingtype:

startdate: no date provided

newcharge:

plea: admitted

penaltyrequired: 1

decisiondate: 24/02/2011

hearing_title: NZ Metro TC - 1 April 2011 - R 9

charge:

Alleged breach of the Push Out Rule

facts:

Following the running of Race 9, the Deutz Mobile Pace, an Information was filed by Stipendiary Steward Mr J. M. Muirhead against Open Horseman Mr N. R. McGrath, the driver of “Limited Edition” (1), alleging a breach of Rules 869(4) and (6)(b) and (c) in that he was in breach of the “push out” rule.
 
The charge reads as follows.
“I the above named informant allege that the above named Defendant committed a breach of Rule 869(4) and (6)(b) and (c) in that horseman N. R. McGrath when driving “LIMITED EDITION” near the 1500m shifted ground outwards forcing SEVAERG (F Cooney) to race wider on the track.”
 
Rules 869(4) and (6)(b) and (c) read 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:-
(a)….
(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.”
 
Mr McGrath had indicated on the Information that this breach of the Rules was admitted and also that he did not wish to be present at the hearing.

appealdecision:

isappeal:

submissionsfordecision:

Mr Muirheard gave evidence and used video coverage to show that at about the 1500 metre mark Mr McGrath had breached the “push out” rule as described in the Information.

reasonsfordecision:

As Mr McGrath had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).

Decision:

The charge was found to be proved.

sumissionsforpenalty:

In relation to penalty Mr Muirhead advised that Mr McGrath had no relevant previous convictions, and as the breach was admitted submitted that a fine of $200 should be imposed.

reasonsforpenalty:

In considering the matter of an appropriate penalty we took into account that Mr McGrath had admitted the breach and also that he had no previous relevant convictions. On looking at penalties imposed in similar circumstances we decided that a fine of $200 would be appropriate in this case.

penalty:

Mr McGrath was fined the sum of $200.

hearing_type: Hearing

Rules: 869(4) and (6)(b) and (c)

Informant: Mr J. M. Muirhead - Stipendiary Steward

JockeysandTrainer: Mr N. R. McGrath - Open Horseman

Otherperson:

PersonPresent:

Respondent:

StipendSteward:

raceid: 26ef9484397c4ee657deac7ca32893e3

race_expapproval:

racecancelled: 0

race_noreport: 0

race_emailed1: 0

race_emailed2: 0

race_title: R1

submittochair:

race_expappcomment:

race_km:

race_otherexp:

race_chair:

race_pm1:

race_pm2:

meetid: b944e0aa65fa7854f61547a46d3bf524

meet_expapproval:

meet_noreport: 0

waitingforpublication: 0

meet_emailed1: 0

meet_emailed2: 0

meetdate: 01/04/2011

meet_title: NZ Metro TC - 1 April 2011

meet_expappcomment:

meet_km:

meet_otherexp:

tracklocation: nz-metro-tc

meet_racingtype: harness-racing

meet_chair: JPhelan

meet_pm1: RMcKenzie

meet_pm2: BRowe

name: NZ Metro TC