NZ Metro TC 29 January 2016 – R 2 – Chair, Mr S Ching
ID: JCA10628
Meet Title:
NZ Metro TC - 29 January 2016
Meet Chair:
SChing
Meet Committee Member 1:
GClapp
Race Date:
2016/01/29
Race Number:
R2
Decision:
As Mr Thornley had admitted the breach the charge was found proved.
Penalty:
Mr Thornley was fined the sum of $200.
Facts:
Following the running of Race 2, the (SBSR) T Kilkelly, Denario & Stylish Breeding, S Donaldson Mobile Trot, an Information was filed by Stipendiary Steward Mr S Renault against Open Horseman Mr C R Thornley, alleging a breach of Rule 869(4)(6)(b) (c), in that when driving YOUNG STRANGER he forced K D MUSCLES, driven by Mr M Edmonds, wider at the 1400m as K D MUSCLES was improving thus breaching the push out rule.
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 moment 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 Thornley had indicated on the Information that this breach of the Rules was admitted. He had also endorsed on the information that he did not wish to be present at the hearing which was confirmed by Mr Renault.
Mr Renault gave evidence and used video coverage to show that near the 1400m, Mr Thornley, driving YOUNG STRANGER, was racing 2 wide and midfield with K D MUSCLES, driven by Mr M Edmonds on his outside. Mr Renault said the Mr Edmonds was looking for cover and was at the time of the incident improving on the outside of YOUNG STRANGER. Mr Thornley, he said, shifted out to follow and get onto the back of MATATOKI, driven by Mr R Butt, who had also shifted out to improve. Mr Renault stated that when Mr Thornley shifted out, K D MUSCLES was at YOUNG STRANGERS wheel and improving. As a result, K D MUSCLES was forced wider on the track with contact between both sulkies resulting in K D MUSCLES breaking and losing all chance thus breaching the push out rule. Mr Renault assessed the breach as being mid-range.
Submissions for Penalty:
Mr Renault informed the Committee that Mr Thornley had driven on 28 times so far this season with 47 last season and has a clear record in regard to this rule in the previous 12 months. Mr Renault stated that the JCA Penalty Guide showed that a starting point for a breach of this Rule was 5 drives or a fine of $250. Mr Renault submitted that taking into account Mr Thornley’s admission of the breach and his good record a fine of $200 be considered as penalty.
Reasons for Penalty:
In taking the JCA Penalty Guide starting point of a $250 fine the Committee were able to afford Mr Thornley a discount of $50 for his admission of the breach and his good record. We also researched penalties of similar case and for the sake of consistency determined that a fine of $200 was an appropriate penalty in this case.
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: 06468ed20f6a243ea7eed01b855a561f
informantnumber: A1666
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: 02/02/2016
hearing_title: NZ Metro TC 29 January 2016 - R 2 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 2, the (SBSR) T Kilkelly, Denario & Stylish Breeding, S Donaldson Mobile Trot, an Information was filed by Stipendiary Steward Mr S Renault against Open Horseman Mr C R Thornley, alleging a breach of Rule 869(4)(6)(b) (c), in that when driving YOUNG STRANGER he forced K D MUSCLES, driven by Mr M Edmonds, wider at the 1400m as K D MUSCLES was improving thus breaching the push out rule.
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 moment 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 Thornley had indicated on the Information that this breach of the Rules was admitted. He had also endorsed on the information that he did not wish to be present at the hearing which was confirmed by Mr Renault.
Mr Renault gave evidence and used video coverage to show that near the 1400m, Mr Thornley, driving YOUNG STRANGER, was racing 2 wide and midfield with K D MUSCLES, driven by Mr M Edmonds on his outside. Mr Renault said the Mr Edmonds was looking for cover and was at the time of the incident improving on the outside of YOUNG STRANGER. Mr Thornley, he said, shifted out to follow and get onto the back of MATATOKI, driven by Mr R Butt, who had also shifted out to improve. Mr Renault stated that when Mr Thornley shifted out, K D MUSCLES was at YOUNG STRANGERS wheel and improving. As a result, K D MUSCLES was forced wider on the track with contact between both sulkies resulting in K D MUSCLES breaking and losing all chance thus breaching the push out rule. Mr Renault assessed the breach as being mid-range.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Thornley had admitted the breach the charge was found proved.
sumissionsforpenalty:
Mr Renault informed the Committee that Mr Thornley had driven on 28 times so far this season with 47 last season and has a clear record in regard to this rule in the previous 12 months. Mr Renault stated that the JCA Penalty Guide showed that a starting point for a breach of this Rule was 5 drives or a fine of $250. Mr Renault submitted that taking into account Mr Thornley’s admission of the breach and his good record a fine of $200 be considered as penalty.
reasonsforpenalty:
In taking the JCA Penalty Guide starting point of a $250 fine the Committee were able to afford Mr Thornley a discount of $50 for his admission of the breach and his good record. We also researched penalties of similar case and for the sake of consistency determined that a fine of $200 was an appropriate penalty in this case.
penalty:
Mr Thornley was fined the sum of $200.
hearing_type: Hearing
Rules: 869(4)(6)(b)(c)
Informant: S Renault- Stipendiary Steward
JockeysandTrainer: C R Thornley-Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 9eb5562b67986bdb9bb9f97d5254a28f
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: f4a6fb3c3838a8799d7031a5514dcb9c
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 29/01/2016
meet_title: NZ Metro TC - 29 January 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: GClapp
meet_pm2: none
name: NZ Metro TC