NZ Metro TC 10 November 2020 – R 9 – Chair, Mr R McKenzie
ID: JCA12893
Meet Title:
NZ Metro TC - 10 November 2020
Meet Chair:
RMcKenzie
Meet Committee Member 1:
DAnderson
Race Date:
2020/11/10
Race Number:
R9
Decision:
Mr Kerr having admitted the breach, the charge is found proved.
Penalty:
Mr Kerr is fined the sum of $200.
Facts:
Following the running of Race 9, Hornby Liquor Centre Mobile Pace, an Information was filed by Chief Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Mr M P Kerr, alleging that Mr Kerr, as the driver of KOENIGSEGG in the race, “forced JAY TEE TYRON (K T Newman) to race wider on the track leaving the 1200 metres”.
Mr Kerr had signed the Statement by the Respondent on the Information form indicating that he admitted the charge. Mr Ydgren told the Committee that Mr Kerr had asked to be excused from attending the hearing. The raceday is a busy one for all participants and officials and in the interests of avoiding a possible backlog of hearings later in the day and because the breach was a minor one the Committee excused Mr Kerr’s attendance at the hearing.
Rule 869 provides 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 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 Ydgren showed a video replay of the incident. He pointed out KOENIGSEGG, driven by Mr Kerr, racing in the one-out line in third-to-last position approaching the 1200 metres and being passed by SOME DO (S D T Phelan). JAY TEE TYRON was racing at the rear of the field and then improved to be outside the wheel of KOENIGSEGG as Mr Kerr eased out to get on the back of SOME DO in the 3-wide line. Mr Kerr took KOENIGSEGG to a 4-wide position before Mr Newman was able to ease back onto the back of KOENIGSEGG a short distance thereafter.
Mr Kerr should have waited until JAY TEE TYRON had gone by but instead took that horse’s position, Mr Ydgren said.
Submissions for Penalty:
Mr Kerr’s record under the rule is clear, Mr Ydgren said. He has had six drives this season prior to today and last season had five drives. Mr Ydgren said that the breach and level of offending were similar to the charge involving a breach of the same rule by another driver earlier in the day. He submitted that a similar penalty (a fine of $200) was appropriate.
Reasons for Penalty:
This breach is in the category of low-range in the view of the Committee. Mr Newman was forced to race 4-wide for a short distance, but we are not satisfied that the chances of his runner were affected.
The Committee acknowledges that factor, together with Mr Kerr’s good record (albeit from a small number of drives) and his admission of the breach.
We take the Penalty Guide starting point of a $250 fine and discount that figure for the mitigating factors referred to.
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: 65871992694740f687d5936a3508bea3
informantnumber: A12389
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of Pushout Rule
plea: admitted
penaltyrequired: 1
decisiondate: 13/11/2020
hearing_title: NZ Metro TC 10 November 2020 - R 9 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 9, Hornby Liquor Centre Mobile Pace, an Information was filed by Chief Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Mr M P Kerr, alleging that Mr Kerr, as the driver of KOENIGSEGG in the race, “forced JAY TEE TYRON (K T Newman) to race wider on the track leaving the 1200 metres”.
Mr Kerr had signed the Statement by the Respondent on the Information form indicating that he admitted the charge. Mr Ydgren told the Committee that Mr Kerr had asked to be excused from attending the hearing. The raceday is a busy one for all participants and officials and in the interests of avoiding a possible backlog of hearings later in the day and because the breach was a minor one the Committee excused Mr Kerr’s attendance at the hearing.
Rule 869 provides 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 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 Ydgren showed a video replay of the incident. He pointed out KOENIGSEGG, driven by Mr Kerr, racing in the one-out line in third-to-last position approaching the 1200 metres and being passed by SOME DO (S D T Phelan). JAY TEE TYRON was racing at the rear of the field and then improved to be outside the wheel of KOENIGSEGG as Mr Kerr eased out to get on the back of SOME DO in the 3-wide line. Mr Kerr took KOENIGSEGG to a 4-wide position before Mr Newman was able to ease back onto the back of KOENIGSEGG a short distance thereafter.
Mr Kerr should have waited until JAY TEE TYRON had gone by but instead took that horse’s position, Mr Ydgren said.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Kerr having admitted the breach, the charge is found proved.
sumissionsforpenalty:
Mr Kerr’s record under the rule is clear, Mr Ydgren said. He has had six drives this season prior to today and last season had five drives. Mr Ydgren said that the breach and level of offending were similar to the charge involving a breach of the same rule by another driver earlier in the day. He submitted that a similar penalty (a fine of $200) was appropriate.
reasonsforpenalty:
This breach is in the category of low-range in the view of the Committee. Mr Newman was forced to race 4-wide for a short distance, but we are not satisfied that the chances of his runner were affected.
The Committee acknowledges that factor, together with Mr Kerr’s good record (albeit from a small number of drives) and his admission of the breach.
We take the Penalty Guide starting point of a $250 fine and discount that figure for the mitigating factors referred to.
penalty:
Mr Kerr is fined the sum of $200.
hearing_type: Hearing
Rules: 869(4)&(6)(b)&(c)
Informant: N M Ydgren, Chief Stipendiary Steward
JockeysandTrainer: M P Kerr, Licensed Open Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 98eca6daa049ef6072f1f6c02b2f3991
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 5195d1040aafbedab4facd2ef31d2913
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 10/11/2020
meet_title: NZ Metro TC - 10 November 2020
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: DAnderson
meet_pm2: none
name: NZ Metro TC