Archive Decision

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NZ Metro TC 22 August 2019 – R 1 – Chair, Mr D Anderson

ID: JCA17338

Applicant:
Mrs C Tibbs - Stipendiary Steward

Respondent(s):
Ms C Wigg - Amateur Driver

Other Person:
Mr N Ydgren - Chief Stipendiary Steward

Information Number:
A11225

Hearing Type:
Hearing

New Charge:
Push Out Rule

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

Plea:
admitted

Meet Title:
NZ Metro TC - 22 August 2019

Meet Chair:
DAnderson

Meet Committee Member 1:
DJackson

Race Date:
2019/08/22

Race Number:
R 1

Decision:

Ms Wigg having admitted the breach; the charge was found proved.

Penalty:

Accordingly, Ms Wigg is fined $200.

Facts:

Following the running of Race 1, the Thanks for 10 Years of Excellence Mark McNamara (Amateur Drivers) Mobile Pace, an information was filed by Stipendiary Steward, Mrs C Tibbs, against Amateur Driver Ms C Wigg alleging “near the 1050m you shifted outwards causing the improving KRUIZR to be taken wider”.

Ms Wigg had signed the Information admitting the breach and she confirmed to the Committee that she had a clear understanding of the push out rule.

Rule 869(4) provides as follows:

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.

Mrs Tibbs showed the race films to identify Ms Wigg driving (8) AVEROSS FERRARI in the 1x1 position leaving the home straight with 1200m to run. She pointed to KRUIZR, who was trailing AVEROSS FERRARI, shift 3 wide to improve and shortly after being forced 4 wide by AVEROSS FERRARI near the 1050m. Mrs Tibbs submitted that KRUIZR had been forced to race 4 wide for approximately 200m.

Ms Wigg said the incident was as Mrs Tibbs had described and she, after viewing the film, admitted her move was before the 1000m pole.           

Submissions for Penalty:

Mrs Tibbs said the starting point for a breach of this rule is a fine of $250. She said Ms Wigg had a clear record and together with her admission deserved a discount from this amount.

Ms Wigg said she would accept whatever the Committee decided was an appropriate fine.

Reasons for Penalty:

The JCA penalty Guidelines for the rule provides a starting point of a $250 fine or a 5-drive suspension. The Committee deemed the incident to be low range and agreed a fine is appropriate in this case.

There are no aggravating factors to consider.

The mitigating factors are Ms Wigg’s good record and her admission of the breach.

The Committee having regard for the above factors, considered a $200 fine as an appropriate penalty.

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: fad342c52d1b4ace40f58d924ebed11b


informantnumber: A11225


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Push Out Rule


plea: admitted


penaltyrequired: 1


decisiondate: 26/08/2019


hearing_title: NZ Metro TC 22 August 2019 - R 1 - Chair, Mr D Anderson


charge:


facts:

Following the running of Race 1, the Thanks for 10 Years of Excellence Mark McNamara (Amateur Drivers) Mobile Pace, an information was filed by Stipendiary Steward, Mrs C Tibbs, against Amateur Driver Ms C Wigg alleging “near the 1050m you shifted outwards causing the improving KRUIZR to be taken wider”.

Ms Wigg had signed the Information admitting the breach and she confirmed to the Committee that she had a clear understanding of the push out rule.

Rule 869(4) provides as follows:

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.

Mrs Tibbs showed the race films to identify Ms Wigg driving (8) AVEROSS FERRARI in the 1x1 position leaving the home straight with 1200m to run. She pointed to KRUIZR, who was trailing AVEROSS FERRARI, shift 3 wide to improve and shortly after being forced 4 wide by AVEROSS FERRARI near the 1050m. Mrs Tibbs submitted that KRUIZR had been forced to race 4 wide for approximately 200m.

Ms Wigg said the incident was as Mrs Tibbs had described and she, after viewing the film, admitted her move was before the 1000m pole.           


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Ms Wigg having admitted the breach; the charge was found proved.


sumissionsforpenalty:

Mrs Tibbs said the starting point for a breach of this rule is a fine of $250. She said Ms Wigg had a clear record and together with her admission deserved a discount from this amount.

Ms Wigg said she would accept whatever the Committee decided was an appropriate fine.


reasonsforpenalty:

The JCA penalty Guidelines for the rule provides a starting point of a $250 fine or a 5-drive suspension. The Committee deemed the incident to be low range and agreed a fine is appropriate in this case.

There are no aggravating factors to consider.

The mitigating factors are Ms Wigg’s good record and her admission of the breach.

The Committee having regard for the above factors, considered a $200 fine as an appropriate penalty.


penalty:

Accordingly, Ms Wigg is fined $200.


hearing_type: Hearing


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


Informant: Mrs C Tibbs - Stipendiary Steward


JockeysandTrainer: Ms C Wigg - Amateur Driver


Otherperson: Mr N Ydgren - Chief Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: d3400f95cd8adcb9c489283de89655e5


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 1


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 3c6a2a64614987f59769e159e918d6b7


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 22/08/2019


meet_title: NZ Metro TC - 22 August 2019


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: nz-metro-tc


meet_racingtype: harness-racing


meet_chair: DAnderson


meet_pm1: DJackson


meet_pm2: none


name: NZ Metro TC