Archive Decision

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NZ Metro TC 17 November 2017 – R 3 – Chair, Prof G Hall

ID: JCA10506

Applicant:
Mr Ydgren - Chief Stipendiary Steward

Respondent(s):
Mr J Cox - Open Horseman

Information Number:
A5549

Hearing Type:
Hearing

New Charge:
Push out rule

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

Plea:
admitted

Meet Title:
NZ Metro TC - 17 November 2017

Meet Chair:
GHall

Meet Committee Member 1:
RMcKenzie

Race Date:
2017/11/17

Race Number:
R 3

Decision:

As Mr Cox has admitted the breach, it is found to be proved.

Penalty:

Mr Cox is fined the sum of $200.

Facts:

Following the running of race 3, the MACCA LODGE TRAINED SOUTH OF THE WAITAKI MOBILE PACE 1950 metres, Mr Ydgren filed an information alleging Mr Cox forced SHEZACULLENGIRL (D Dunn) wider on the track.

Rule 869(4) and (6)(b) and (c) read:

(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 and its progress.

(6)(b) a horse making a forward movement during any race shall not be forced to race wider on the track.

(6)(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 stated that Mr Cox (I’M JIMMY JAMES) was racing four back on the pylons approaching the 1000 metres mark. Mr Dunn was racing in the 2 wide line to Mr Cox’s outside and had made up a length on him. Mr Dunn had progressed quite quickly forward on to his wheel when the respondent shifted out and moved Mr Dunn wider on the track. Mr Ydgren said it was a slight misjudgement.

Mr Cox agreed that it was a lack of judgment. Mr Dunn had improved quicker than he had thought. He had got half way out and had been unable to keep going due to the presence of Mr M Williamson. By the time he was able to shift wider, he said, Mr Dunn “was there”.

Submissions for Penalty:

Mr Ydgren produced Mr Cox’s record. He had had 449 drives last season and 550 the season before. This season he had had 94 drives. His record was clear under this rule. Mr Ydgren stated the starting point in the JCA Penalty Guide was a $250 fine or a 5-drive suspension. He submitted a fine of $200 was appropriate.

Mr Cox asked that he be fined rather than suspended.

Reasons for Penalty:

Mr Cox has shifted Mr Dunn wider on the track in contravention of the push out rule. It was a slight misjudgment by the respondent, as the breach occurred very near the 1000 metres mark.

The respondent has an excellent record under this rule and has admitted the breach. A starting point of $250 is appropriate and the mitigating factors warrant a $50 reduction to the sum of $200.

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: 085eccc92fd16bbe3b3af2189b704861


informantnumber: A5549


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Push out rule


plea: admitted


penaltyrequired: 1


decisiondate: 20/11/2017


hearing_title: NZ Metro TC 17 November 2017 - R 3 - Chair, Prof G Hall


charge:


facts:

Following the running of race 3, the MACCA LODGE TRAINED SOUTH OF THE WAITAKI MOBILE PACE 1950 metres, Mr Ydgren filed an information alleging Mr Cox forced SHEZACULLENGIRL (D Dunn) wider on the track.

Rule 869(4) and (6)(b) and (c) read:

(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 and its progress.

(6)(b) a horse making a forward movement during any race shall not be forced to race wider on the track.

(6)(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 stated that Mr Cox (I’M JIMMY JAMES) was racing four back on the pylons approaching the 1000 metres mark. Mr Dunn was racing in the 2 wide line to Mr Cox’s outside and had made up a length on him. Mr Dunn had progressed quite quickly forward on to his wheel when the respondent shifted out and moved Mr Dunn wider on the track. Mr Ydgren said it was a slight misjudgement.

Mr Cox agreed that it was a lack of judgment. Mr Dunn had improved quicker than he had thought. He had got half way out and had been unable to keep going due to the presence of Mr M Williamson. By the time he was able to shift wider, he said, Mr Dunn “was there”.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Cox has admitted the breach, it is found to be proved.


sumissionsforpenalty:

Mr Ydgren produced Mr Cox’s record. He had had 449 drives last season and 550 the season before. This season he had had 94 drives. His record was clear under this rule. Mr Ydgren stated the starting point in the JCA Penalty Guide was a $250 fine or a 5-drive suspension. He submitted a fine of $200 was appropriate.

Mr Cox asked that he be fined rather than suspended.


reasonsforpenalty:

Mr Cox has shifted Mr Dunn wider on the track in contravention of the push out rule. It was a slight misjudgment by the respondent, as the breach occurred very near the 1000 metres mark.

The respondent has an excellent record under this rule and has admitted the breach. A starting point of $250 is appropriate and the mitigating factors warrant a $50 reduction to the sum of $200.


penalty:

Mr Cox is fined the sum of $200.


hearing_type: Hearing


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


Informant: Mr Ydgren - Chief Stipendiary Steward


JockeysandTrainer: Mr J Cox - Open Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: e2fd42ff145caa77941417a88df2d377


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 3


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: a3d2b1bb98f168d95fe02b6fe778e976


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 17/11/2017


meet_title: NZ Metro TC - 17 November 2017


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: nz-metro-tc


meet_racingtype: harness-racing


meet_chair: GHall


meet_pm1: RMcKenzie


meet_pm2: none


name: NZ Metro TC