NZ Metro TC 16 September 2017 – R 1 – Chair, Mr R McKenzie
ID: JCA17986
Meet Title:
NZ Metro TC - 16 September 2017
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2017/09/16
Race Number:
R 1
Decision:
The charge was found proved.
Penalty:
Mr Hutton was fined the sum of $200.
Facts:
Following the running of Race 1, Bishopdale Inn TAB’s + Tavern Harewood (Amateur Drivers) Mobile Pace, an information was filed by Stipendiary Steward, Mr S W Wallis, against Licensed Advanced Amateur Driver, Mr A R Hutton, alleging that, as the driver of BISHOP BRIAN in the race, he “shifted outwards prior to the 1000 metres forcing ALEXY (C P Negus) wider on the track”.
Mr Hutton was present at the hearing of the information and he indicated that he denied the breach.
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 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.
(7) Sub-rule (6) (b) and (c) of this Rule shall apply until 1000 metres from the finish of the race.
Submissions for Decision:
Mr Wallis showed video replays of the relevant part of the race, between the 1200 metres and the 900 metres. Passing the 1200 metres Mr Hutton, driving BISHOP BRIAN, was positioned in 4th placing (three back on the markers). In 5th placing and following him on the markers was ALEXY, driven by Mrs Negus.
Shortly thereafter, Mr Hutton moved off the markers into the one-one position behind ZAKSPATROL (R A Reekie). At this point, Mrs Negus was racing 3-wide on her own. Mr Wallis then showed the back-straight camera view and highlighted Mrs Negus’ horse’s head at Mr Hutton’s wheel. This was prior to the 1000 metres and Mr Hutton was, therefore, unable to move outwards but did so and thereby forced Mrs Negus’ horse to race 4-wide.
Mr Hutton had attempted to come out just before that point, but had come back in onto Mr Reekie’s back. Mrs Negus by this time was, clearly, to his outside. Mr Hutton pulled out again to pass the tiring ZAKSPATROL, forcing Mrs Negus’ horse to race 4-wide, Mr Wallis submitted.
Mrs Negus said that she felt she had been pushed out momentarily just before the incident and then, when she was improving 3-wide, she was pushed out 4-wide by Mr Hutton. Mrs Negus confirmed that this occurred prior to the 1000 metres. She confirmed, when asked by the Committee, that she was established outside Mr Hutton’s wheel before she was forced 4-wide.
Mr Hutton referred to the video replays. He pointed out Mrs Negus improving 3-wide and submitted that, when he made his outward movement, Mrs Negus had continued to maintain an outwards course. She had continued to move wide, with her horse’s head turned out, and made no attempt to remain in a 3-wide position. Mr Hutton submitted that he was clear at all relevant times. He further submitted that the video evidence was not clear but inconclusive and, in particular, showed Mrs Negus in a more forward position than she actually was.
Mr Wallis acknowledged that Mr Hutton’s initial attempt to come out was in order. However, he had got back onto Mr Reekie’s back. It was his next outwards movement that had breached the Rule, Mr Wallis submitted, because by that time Mrs Negus had progressed 3-wide to be outside his wheel.
Reasons for Decision:
The Committee found that BISHOP BRIAN, after initially being on the markers, had moved out passing the 1200 metres into the two-out line to attempt to get onto the back of the parked runner, ZAKSPATROL.
In the meantime, Mrs Negus on ALEXY had also moved off the markers to attempt to improve 3-wide around BISHOP BRIAN. Mr Hutton made a brief outward movement to move 3-wide but, for a reason that was not clear, moved back down onto the back of ZAKSPATROL.
When Mr Hutton did elect to move 3-wide around the tiring ZAKSPATROL, Mrs Negus had improved to be outside his wheel. The Committee is clearly satisfied from the video evidence and from Mrs Negus’ evidence that was unequivocal that, firstly, the nose of Mrs Negus’ horse was in line with the wheel of Mr Hutton’s runner, secondly, that Mrs Negus’ runner was going forward and, thirdly, that that runner was forced to race wider on the track – from 3-wide to 4-wide. Finally, we are satisfied that this took place prior to the 1000 metres.
Therefore, we find that the elements of a breach of the pushout Rule have been made out by the Stewards and, accordingly, we find the charge proved.
Submissions for Penalty:
Mr Wallis told the Committee that Mr Hutton has had 12 lifetime drives as an Amateur Driver – 1 this season and 3 last season. He is not a busy driver but he does have a clear record. He referred to the Penalty Guide starting point of a $250 fine or a 5-drive’ suspension. Stewards were seeking a fine in the vicinity of $250, he said.
Mr Hutton said that his preference was for a fine as he currently has a horse racing that he was able to drive in races for Amateur Drivers.
Reasons for Penalty:
In fixing penalty, the Committee had regard to the Penalty Guide starting point of a $250 fine. A fine was the appropriate penalty in this case. The breach was mid-range so the $250 starting point was adopted. Mitigating factors were Mr Hutton’s previous good record, albeit from a limited number of drives, and his inexperience. The Committee decided that a discount of $50 was appropriate for a combination of those factors.
JCA Decision Fields (raw)
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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: df2752aeb3058331d14705002f2b9734
informantnumber: A09572
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of the Pushout Rule
plea: denied
penaltyrequired: 1
decisiondate: 20/09/2017
hearing_title: NZ Metro TC 16 September 2017 - R 1 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 1, Bishopdale Inn TAB’s + Tavern Harewood (Amateur Drivers) Mobile Pace, an information was filed by Stipendiary Steward, Mr S W Wallis, against Licensed Advanced Amateur Driver, Mr A R Hutton, alleging that, as the driver of BISHOP BRIAN in the race, he “shifted outwards prior to the 1000 metres forcing ALEXY (C P Negus) wider on the track”.
Mr Hutton was present at the hearing of the information and he indicated that he denied the breach.
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 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.
(7) Sub-rule (6) (b) and (c) of this Rule shall apply until 1000 metres from the finish of the race.
appealdecision:
isappeal:
submissionsfordecision:
Mr Wallis showed video replays of the relevant part of the race, between the 1200 metres and the 900 metres. Passing the 1200 metres Mr Hutton, driving BISHOP BRIAN, was positioned in 4th placing (three back on the markers). In 5th placing and following him on the markers was ALEXY, driven by Mrs Negus.
Shortly thereafter, Mr Hutton moved off the markers into the one-one position behind ZAKSPATROL (R A Reekie). At this point, Mrs Negus was racing 3-wide on her own. Mr Wallis then showed the back-straight camera view and highlighted Mrs Negus’ horse’s head at Mr Hutton’s wheel. This was prior to the 1000 metres and Mr Hutton was, therefore, unable to move outwards but did so and thereby forced Mrs Negus’ horse to race 4-wide.
Mr Hutton had attempted to come out just before that point, but had come back in onto Mr Reekie’s back. Mrs Negus by this time was, clearly, to his outside. Mr Hutton pulled out again to pass the tiring ZAKSPATROL, forcing Mrs Negus’ horse to race 4-wide, Mr Wallis submitted.
Mrs Negus said that she felt she had been pushed out momentarily just before the incident and then, when she was improving 3-wide, she was pushed out 4-wide by Mr Hutton. Mrs Negus confirmed that this occurred prior to the 1000 metres. She confirmed, when asked by the Committee, that she was established outside Mr Hutton’s wheel before she was forced 4-wide.
Mr Hutton referred to the video replays. He pointed out Mrs Negus improving 3-wide and submitted that, when he made his outward movement, Mrs Negus had continued to maintain an outwards course. She had continued to move wide, with her horse’s head turned out, and made no attempt to remain in a 3-wide position. Mr Hutton submitted that he was clear at all relevant times. He further submitted that the video evidence was not clear but inconclusive and, in particular, showed Mrs Negus in a more forward position than she actually was.
Mr Wallis acknowledged that Mr Hutton’s initial attempt to come out was in order. However, he had got back onto Mr Reekie’s back. It was his next outwards movement that had breached the Rule, Mr Wallis submitted, because by that time Mrs Negus had progressed 3-wide to be outside his wheel.
reasonsfordecision:
The Committee found that BISHOP BRIAN, after initially being on the markers, had moved out passing the 1200 metres into the two-out line to attempt to get onto the back of the parked runner, ZAKSPATROL.
In the meantime, Mrs Negus on ALEXY had also moved off the markers to attempt to improve 3-wide around BISHOP BRIAN. Mr Hutton made a brief outward movement to move 3-wide but, for a reason that was not clear, moved back down onto the back of ZAKSPATROL.
When Mr Hutton did elect to move 3-wide around the tiring ZAKSPATROL, Mrs Negus had improved to be outside his wheel. The Committee is clearly satisfied from the video evidence and from Mrs Negus’ evidence that was unequivocal that, firstly, the nose of Mrs Negus’ horse was in line with the wheel of Mr Hutton’s runner, secondly, that Mrs Negus’ runner was going forward and, thirdly, that that runner was forced to race wider on the track – from 3-wide to 4-wide. Finally, we are satisfied that this took place prior to the 1000 metres.
Therefore, we find that the elements of a breach of the pushout Rule have been made out by the Stewards and, accordingly, we find the charge proved.
Decision:
The charge was found proved.
sumissionsforpenalty:
Mr Wallis told the Committee that Mr Hutton has had 12 lifetime drives as an Amateur Driver – 1 this season and 3 last season. He is not a busy driver but he does have a clear record. He referred to the Penalty Guide starting point of a $250 fine or a 5-drive’ suspension. Stewards were seeking a fine in the vicinity of $250, he said.
Mr Hutton said that his preference was for a fine as he currently has a horse racing that he was able to drive in races for Amateur Drivers.
reasonsforpenalty:
In fixing penalty, the Committee had regard to the Penalty Guide starting point of a $250 fine. A fine was the appropriate penalty in this case. The breach was mid-range so the $250 starting point was adopted. Mitigating factors were Mr Hutton’s previous good record, albeit from a limited number of drives, and his inexperience. The Committee decided that a discount of $50 was appropriate for a combination of those factors.
penalty:
Mr Hutton was fined the sum of $200.
hearing_type: Hearing
Rules: 869(4) & (6)(b) & (c)
Informant: Mr S W Wallis - Stipendiary Steward
JockeysandTrainer: Mr A R Hutton - Licensed Advanced Amateur Driver
Otherperson: Mrs C P Negus - Driver of ALEXY
PersonPresent:
Respondent:
StipendSteward:
raceid: 1788cc4df68174c29360aa296ff71dc6
race_expapproval:
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race_emailed1: 0
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race_title: R 1
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meetdate: 16/09/2017
meet_title: NZ Metro TC - 16 September 2017
meet_expappcomment:
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tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
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name: NZ Metro TC