NZ Metro TC 11 November 2014 – R 6
ID: JCA14080
Meet Title:
NZ Metro TC - 11 November 2014
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2014/11/11
Race Number:
R6
Decision:
Mr Clark having admitted the breach, the charge was found proved.
Penalty:
Mr Clark was fined the sum of $300.
Facts:
Following the running of Race 6, Granite Benchtop Company NZ Trotting Free-For-All (Group 1), an information was filed by Co-Chief Stipendiary Steward, Mr N G McIntyre, against Licensed Open Horseman, Mr A L Clark, alleging that Mr Clark, as the driver of THE FIERY GINGA in the race, “at about the 1550 metres improved his position outwards which caused SHEEMON (D J Dunn) to race wider on the track”.
Mr Clark had signed the Statement by the Respondent on the information form indicating that he admitted the breach. Mr McIntyre confirmed that Mr Clark did not wish to be present at the hearing of the information.
Rule 869 provides as follows:
(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.
Mr McIntyre showed video replays of the race from between the 1700 metres and the 1400 metres. He pointed out SPRINGBANK SAM leading the field at that point, some 250 metres after the start of the 1950 metres mobile start event. THE FIERY GINGA was trailing the leader with STENT racing on its outer, with SHEEMON on the back of that runner and racing on Mr Clark’s wheel. At that point STENT moved up to the leader and Mr Clark eased his horse out onto the back of that runner and, in doing so, forced SHEEMON, which had been progressing in the one-out line, to race 3-wide for some distance.
Mr McIntyre said that Mr Dunn had advised the Stewards that his chances had not been affected as he was able to get back in to the 2-wide line on the back of THE FIERY GINGA. He had been forced to race 3-wide for approximately 100 metres, Mr McIntyre said.
Submissions for Penalty:
Mr McIntyre informed the Committee that Mr Clark had a clear record under the Rule. He asked the Committee to take into account the status of the race (Group 1) and the stake payable ($80,000). He submitted that, taking that into account, a fine of $300 was appropriate.
Reasons for Penalty:
In determining penalty, the Committee had regard to the Penalty Guide which provides a starting point for a breach of the Rule of 5 drives or a fine of $250. Taking that starting point of a $250 fine (a fine being the appropriate penalty), the Committee was able to give Mr Clark a discount of $50 to $200 for his good record and admission of the breach, although his admission was somewhat inevitable. However, it was an aggravating factor that the race was a Group 1 event for a stake of $80,000. In the Committee’s view, that factor warranted an uplift of $100.
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: 960a80ae04792752db2b48b5c68e6b0d
informantnumber: A6241
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of pushout rule
plea: admitted
penaltyrequired: 1
decisiondate: 12/11/2014
hearing_title: NZ Metro TC 11 November 2014 - R 6
charge:
facts:
Following the running of Race 6, Granite Benchtop Company NZ Trotting Free-For-All (Group 1), an information was filed by Co-Chief Stipendiary Steward, Mr N G McIntyre, against Licensed Open Horseman, Mr A L Clark, alleging that Mr Clark, as the driver of THE FIERY GINGA in the race, “at about the 1550 metres improved his position outwards which caused SHEEMON (D J Dunn) to race wider on the track”.
Mr Clark had signed the Statement by the Respondent on the information form indicating that he admitted the breach. Mr McIntyre confirmed that Mr Clark did not wish to be present at the hearing of the information.
Rule 869 provides as follows:
(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.
Mr McIntyre showed video replays of the race from between the 1700 metres and the 1400 metres. He pointed out SPRINGBANK SAM leading the field at that point, some 250 metres after the start of the 1950 metres mobile start event. THE FIERY GINGA was trailing the leader with STENT racing on its outer, with SHEEMON on the back of that runner and racing on Mr Clark’s wheel. At that point STENT moved up to the leader and Mr Clark eased his horse out onto the back of that runner and, in doing so, forced SHEEMON, which had been progressing in the one-out line, to race 3-wide for some distance.
Mr McIntyre said that Mr Dunn had advised the Stewards that his chances had not been affected as he was able to get back in to the 2-wide line on the back of THE FIERY GINGA. He had been forced to race 3-wide for approximately 100 metres, Mr McIntyre said.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Clark having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr McIntyre informed the Committee that Mr Clark had a clear record under the Rule. He asked the Committee to take into account the status of the race (Group 1) and the stake payable ($80,000). He submitted that, taking that into account, a fine of $300 was appropriate.
reasonsforpenalty:
In determining penalty, the Committee had regard to the Penalty Guide which provides a starting point for a breach of the Rule of 5 drives or a fine of $250. Taking that starting point of a $250 fine (a fine being the appropriate penalty), the Committee was able to give Mr Clark a discount of $50 to $200 for his good record and admission of the breach, although his admission was somewhat inevitable. However, it was an aggravating factor that the race was a Group 1 event for a stake of $80,000. In the Committee’s view, that factor warranted an uplift of $100.
penalty:
Mr Clark was fined the sum of $300.
hearing_type: Hearing
Rules: 869(6)(b) & (c)
Informant: Mr N G McIntyre - Co-Chief Stipendiary Steward
JockeysandTrainer: Mr A L Clark - Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 6073b50572cfa75eb7565c2bae917d6b
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 93422870ce611d123d1ce226ffc05d8a
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 11/11/2014
meet_title: NZ Metro TC - 11 November 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: SChing
meet_pm2: none
name: NZ Metro TC