NZ Metro TC 12 April 2019 – R 8 – Chair, Mr D Anderson
ID: JCA15872
Meet Title:
NZ Metro TC - 12 April 2019
Meet Chair:
DAnderson
Meet Committee Member 1:
RMcKenzie
Race Date:
2019/04/12
Race Number:
R 8
Decision:
As Ms McKay admitted the breach the charge was found proved.
Penalty:
Accordingly, Ms McKay is fined $200.
Facts:
Following the running of Race 8 the “Clarkson Signs – Logo Branding Design Moblie Pace” an Information was filed by Chief Stipendiary Steward Mr N Ydgren alleging a breach of Rule 869 (4)(6)(b)(c) by Junior Driver Ms L McKay. The Information stated that “You Shifted outwards at the 1500 metres when not entitled to forcing STOMPEM (M Anderson) to race wider on the track thereby breaching the Push Out Rule”.
Ms McKay had signed the Information admitting the breach and that she did not wish to be present at the hearing of the Information.
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 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 Ydgren asked Mr Quirk to point to Ms McKay driving ENCHANTEE racing in the one out one back position at approximately the 1500 metres. He said at this stage Mr Anderson (STOMPEM) begins to move off Ms McKay’s back and move forward 3 wide but as he improves to the wheel of ENCHANTEE Ms McKay shifts outwards forcing STOMPEM 4 wide. Mr Ydgren said this manoeuvre was a clear breach of the push out rule. He explained to the Committee the galloping of STOMPEM shortly after the manoeuvre was not a result of Ms McKay shifting ground.
Submissions for Penalty:
Mr Ydgren stated Ms McKay had a clear record in relation to the rule and admitted the breach at the first opportunity. He said Ms McKay understood she left her move too late and was remorseful for her actions.
He said given the mitigating factors in this case the Stewards felt Ms McKay deserved some discount from the normal starting point of a $250 fine.
Reasons for Penalty:
The JCA Penalty Guide provides a starting point for a breach of this rule of five drives, or a fine of $250. This Committee determined that a fine is an appropriate penalty in this case.
There are no aggravating factors to consider. In mitigation, Ms McKay’s good record and frank admission, the Committee can afford her a discount of $50.
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: def601115e7de2ed6663505f7d7b745b
informantnumber: A12444
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: 15/04/2019
hearing_title: NZ Metro TC 12 April 2019 - R 8 - Chair, Mr D Anderson
charge:
facts:
Following the running of Race 8 the “Clarkson Signs – Logo Branding Design Moblie Pace” an Information was filed by Chief Stipendiary Steward Mr N Ydgren alleging a breach of Rule 869 (4)(6)(b)(c) by Junior Driver Ms L McKay. The Information stated that “You Shifted outwards at the 1500 metres when not entitled to forcing STOMPEM (M Anderson) to race wider on the track thereby breaching the Push Out Rule”.
Ms McKay had signed the Information admitting the breach and that she did not wish to be present at the hearing of the Information.
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 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 Ydgren asked Mr Quirk to point to Ms McKay driving ENCHANTEE racing in the one out one back position at approximately the 1500 metres. He said at this stage Mr Anderson (STOMPEM) begins to move off Ms McKay’s back and move forward 3 wide but as he improves to the wheel of ENCHANTEE Ms McKay shifts outwards forcing STOMPEM 4 wide. Mr Ydgren said this manoeuvre was a clear breach of the push out rule. He explained to the Committee the galloping of STOMPEM shortly after the manoeuvre was not a result of Ms McKay shifting ground.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Ms McKay admitted the breach the charge was found proved.
sumissionsforpenalty:
Mr Ydgren stated Ms McKay had a clear record in relation to the rule and admitted the breach at the first opportunity. He said Ms McKay understood she left her move too late and was remorseful for her actions.
He said given the mitigating factors in this case the Stewards felt Ms McKay deserved some discount from the normal starting point of a $250 fine.
reasonsforpenalty:
The JCA Penalty Guide provides a starting point for a breach of this rule of five drives, or a fine of $250. This Committee determined that a fine is an appropriate penalty in this case.
There are no aggravating factors to consider. In mitigation, Ms McKay’s good record and frank admission, the Committee can afford her a discount of $50.
penalty:
Accordingly, Ms McKay is fined $200.
hearing_type: Hearing
Rules: 869(4)(6)(b)(c)
Informant: Mr N Ydgren - Chief Stipendiary Steward
JockeysandTrainer: Ms L McKay - Junior Driver
Otherperson: Mr R Quirk - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: b36113f6e9e8701859434ddbdf4c2a4d
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 10e10e28e5b4629eabe8682cf536b3ba
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 12/04/2019
meet_title: NZ Metro TC - 12 April 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: DAnderson
meet_pm1: RMcKenzie
meet_pm2: none
name: NZ Metro TC