NZ Metro TC 29 January 2016 – R 8 – Chair, Mr S Ching
ID: JCA13341
Meet Title:
NZ Metro TC - 29 January 2016
Meet Chair:
SChing
Meet Committee Member 1:
GClapp
Race Date:
2016/01/29
Race Number:
R8
Decision:
As Mr Orange admitted the breach the charge was found proved.
Penalty:
Accordingly Mr Orange was fined the sum of $300.
Facts:
Following the running of Race 8, the (SBSR) Tuapeka Lodge, W&P Bain, R Nevill Mobile Pace, an Information was filed by Stipendiary Steward Mr S Renault against Open Horseman Mr B Orange, alleging a breach of Rule 869(4)(6)(b) (c), in that when driving BUSTER BRADY, he forced DREAMY DAMIEN wider on the track with 2000m to run when not entitled to.
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 Orange had indicated on the Information that this breach of the Rules was admitted which he confirmed at the hearing. He also confirmed he understood the rule he was being charged with and that the breach was admitted.
Mr Renault gave evidence and used video coverage to show that near the 2000m, Mr Orange, driving BUSTER BRADY, shifted from a 2 wide position when not entitled to do so, into the line of DREAMY DAMIEN, driven by Mr DeFilippi, who was on his sulky wheel and improving forward on his outside. DREAMY DAMIEN subsequently struck the wheel of BUSTER BRADY and broke going back on CLASSIE BRIGADE, driven by Mr May, who was checked and lost considerable ground. A resultant protest relative to this incident resulted in the winner, BUSTER BRADY being relegated to 2nd place behind CLASSIE BRIGADE.
Mr Renault stated that this was a clear case of a breach of the push out rule.
Submissions for Penalty:
Mr Renault informed the Committee that Mr Orange had driven on 340 occasion so far this season with 755 last season and has a clear record in regard to this rule over the previous 12 months. Mr Renault stated that the JCA Penalty Guide showed that a starting point for a breach of this Rule was a fine of $250. Mr Renault stated that there were aggravating factors with this case being that there had been a relegation of the winner due to Mr Orange’s actions. He said Mr Orange’s breach of the rule had resulted in significant interference to both DREAMY DAMIEN and CLASSIE BRIGADE. He stated that this required an uplift in the penalty and submitted that a fine of between $350 and $400 be considered as penalty in this case.
Mr Orange stated that $350 to $400 was excessive in the circumstances as, in his opinion, the only horse that was affected was CLASSIE BRIGADE who had been promoted after the protest. He stated that this incident had already cost him as he had lost the win. He submitted that a fine in excess of $250 would be excessive.
Reasons for Penalty:
In determining penalty, the Committee took into account all aggravating and mitigating factors. In mitigation credit was given for Mr Orange’s ready admission of the breach and his good record. The only aggravating factor is the consequences of Mr Orange’s actions which was the relegation of the winner and the flow on consequences to connections and punters. In taking the JCA Penalty Guide starting point of a $250 fine the Committee determined an uplift was required due to the aggravating factors, with that uplift being $250. The Committee were however able to give Mr Orange a discount of $100 for his admission of the breach and a further discount of $100 for his good record. We therefore determined that a fine of $300 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: 6525746b3f6105b6b34642c868710897
informantnumber: A1670
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 8 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 8, the (SBSR) Tuapeka Lodge, W&P Bain, R Nevill Mobile Pace, an Information was filed by Stipendiary Steward Mr S Renault against Open Horseman Mr B Orange, alleging a breach of Rule 869(4)(6)(b) (c), in that when driving BUSTER BRADY, he forced DREAMY DAMIEN wider on the track with 2000m to run when not entitled to.
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 Orange had indicated on the Information that this breach of the Rules was admitted which he confirmed at the hearing. He also confirmed he understood the rule he was being charged with and that the breach was admitted.
Mr Renault gave evidence and used video coverage to show that near the 2000m, Mr Orange, driving BUSTER BRADY, shifted from a 2 wide position when not entitled to do so, into the line of DREAMY DAMIEN, driven by Mr DeFilippi, who was on his sulky wheel and improving forward on his outside. DREAMY DAMIEN subsequently struck the wheel of BUSTER BRADY and broke going back on CLASSIE BRIGADE, driven by Mr May, who was checked and lost considerable ground. A resultant protest relative to this incident resulted in the winner, BUSTER BRADY being relegated to 2nd place behind CLASSIE BRIGADE.
Mr Renault stated that this was a clear case of a breach of the push out rule.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Orange admitted the breach the charge was found proved.
sumissionsforpenalty:
Mr Renault informed the Committee that Mr Orange had driven on 340 occasion so far this season with 755 last season and has a clear record in regard to this rule over the previous 12 months. Mr Renault stated that the JCA Penalty Guide showed that a starting point for a breach of this Rule was a fine of $250. Mr Renault stated that there were aggravating factors with this case being that there had been a relegation of the winner due to Mr Orange’s actions. He said Mr Orange’s breach of the rule had resulted in significant interference to both DREAMY DAMIEN and CLASSIE BRIGADE. He stated that this required an uplift in the penalty and submitted that a fine of between $350 and $400 be considered as penalty in this case.
Mr Orange stated that $350 to $400 was excessive in the circumstances as, in his opinion, the only horse that was affected was CLASSIE BRIGADE who had been promoted after the protest. He stated that this incident had already cost him as he had lost the win. He submitted that a fine in excess of $250 would be excessive.
reasonsforpenalty:
In determining penalty, the Committee took into account all aggravating and mitigating factors. In mitigation credit was given for Mr Orange’s ready admission of the breach and his good record. The only aggravating factor is the consequences of Mr Orange’s actions which was the relegation of the winner and the flow on consequences to connections and punters. In taking the JCA Penalty Guide starting point of a $250 fine the Committee determined an uplift was required due to the aggravating factors, with that uplift being $250. The Committee were however able to give Mr Orange a discount of $100 for his admission of the breach and a further discount of $100 for his good record. We therefore determined that a fine of $300 was an appropriate penalty in this case.
penalty:
Accordingly Mr Orange was fined the sum of $300.
hearing_type: Hearing
Rules: 869(4)(6)(b)(c)
Informant: S Renault- Stipendiary Steward
JockeysandTrainer: B Orange-Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 9a03718befcb5974a222796d33cd2146
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R8
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