NZ Metro TC 29 June 2018 – R 8 – Chair, Mr R McKenzie
ID: JCA13883
Meet Title:
NZ Metro TC - 29 June 2018
Meet Chair:
RMcKenzie
Meet Committee Member 1:
DAnderson
Race Date:
2018/06/29
Race Number:
R8
Decision:
Mr Anderson having admitted the breach, the charge was found proved.
Penalty:
Mr Anderson is fined the sum of $200.
Facts:
Following the running of Race 8, PI & GJ Kennard Bloodstock Mobile Pace, an information was filed by Stipendiary Steward, Mr R A Quirk, against Licensed Junior Driver, Mr M J Anderson alleging that, as the driver of MAGICAL MACCA in the race, “he breached the pushout Rule when pushing FLYINGMASTERWILLIAMS (L F O’Reilly) wider on the track at the 1700 metres when not entitled to do so”.
Mr Anderson had signed the Statement by the Respondent on the information form indicating that he admitted the breach and he also indicated that he did not wish to be present at the hearing of the information.
Mr Quirk confirmed that Mr Anderson did not wish to be present. Mr Anderson had received advice from Licensed Open Horseman, Mr D J Dunn, prior to signing the information, Mr Quirk said.
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.
Mr Quirk had Stipendiary Steward, Mr S P Renault, show video replays of the incident with approximately 1700 metres to race. Mr Renault pointed out MAGICAL MACCA, driven by Mr Anderson, racing on the markers towards the rear of the field. He also pointed out FLYINGMASTERWILLIAMS, driven by Mr L F O’Reilly, racing in the two-out line behind MAGICAL MACCA. Mr O’Reilly then began progressing. However, Mr Anderson came out onto the back of CHEEZEL as Mr O’Reilly was improving outside his wheel, forcing Mr O’Reilly to race 3-wide. It was an error of judgement on Mr Anderson’s part in coming out when not entitled to do so, Mr Quirk said.
Submissions for Penalty:
Mr Quirk told the Committee that Mr Anderson has a clear record. He is a very busy Junior Driver, having had 350 drives this season. He had admitted the breach and, in the circumstances, Stewards submitted that an appropriate penalty would be a fine in the vicinity of $200.
Mr Renault had been requested by Mr Anderson to put before the Committee that he had jostled with driver, Mr J C Morrison (CHEEZEL), earlier in the race. Mr Anderson believed that he been pushed down in that incident and had felt entitled to be in the two-out line rather than on the markers. Mr Anderson had also asked that the Committee consider that he is a Junior Driver and give consideration to a fine of $150.
Reasons for Penalty:
The Penalty Guide suggested starting point for a breach of the pushout Rule is a fine of $250. The Committee took the view that there were no aggravating factors. As far as mitigating factors are concerned, the Committee observed the breach to be low-end, noting that Mr O’Reilly was able to ease back onto the back of Mr Anderson some 100 metres later. Other mitigating factors were Mr Anderson’s admission of the breach and his previous good record. The Committee gave Mr Anderson a discount from the starting point for those mitigating factors.
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: 7c6c5e4deea418dd0e7005d3d819036e
informantnumber: A10852
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of the Pushout Rule
plea: admitted
penaltyrequired: 1
decisiondate: 03/07/2018
hearing_title: NZ Metro TC 29 June 2018 - R 8 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 8, PI & GJ Kennard Bloodstock Mobile Pace, an information was filed by Stipendiary Steward, Mr R A Quirk, against Licensed Junior Driver, Mr M J Anderson alleging that, as the driver of MAGICAL MACCA in the race, “he breached the pushout Rule when pushing FLYINGMASTERWILLIAMS (L F O’Reilly) wider on the track at the 1700 metres when not entitled to do so”.
Mr Anderson had signed the Statement by the Respondent on the information form indicating that he admitted the breach and he also indicated that he did not wish to be present at the hearing of the information.
Mr Quirk confirmed that Mr Anderson did not wish to be present. Mr Anderson had received advice from Licensed Open Horseman, Mr D J Dunn, prior to signing the information, Mr Quirk said.
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.
Mr Quirk had Stipendiary Steward, Mr S P Renault, show video replays of the incident with approximately 1700 metres to race. Mr Renault pointed out MAGICAL MACCA, driven by Mr Anderson, racing on the markers towards the rear of the field. He also pointed out FLYINGMASTERWILLIAMS, driven by Mr L F O’Reilly, racing in the two-out line behind MAGICAL MACCA. Mr O’Reilly then began progressing. However, Mr Anderson came out onto the back of CHEEZEL as Mr O’Reilly was improving outside his wheel, forcing Mr O’Reilly to race 3-wide. It was an error of judgement on Mr Anderson’s part in coming out when not entitled to do so, Mr Quirk said.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Anderson having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Quirk told the Committee that Mr Anderson has a clear record. He is a very busy Junior Driver, having had 350 drives this season. He had admitted the breach and, in the circumstances, Stewards submitted that an appropriate penalty would be a fine in the vicinity of $200.
Mr Renault had been requested by Mr Anderson to put before the Committee that he had jostled with driver, Mr J C Morrison (CHEEZEL), earlier in the race. Mr Anderson believed that he been pushed down in that incident and had felt entitled to be in the two-out line rather than on the markers. Mr Anderson had also asked that the Committee consider that he is a Junior Driver and give consideration to a fine of $150.
reasonsforpenalty:
The Penalty Guide suggested starting point for a breach of the pushout Rule is a fine of $250. The Committee took the view that there were no aggravating factors. As far as mitigating factors are concerned, the Committee observed the breach to be low-end, noting that Mr O’Reilly was able to ease back onto the back of Mr Anderson some 100 metres later. Other mitigating factors were Mr Anderson’s admission of the breach and his previous good record. The Committee gave Mr Anderson a discount from the starting point for those mitigating factors.
penalty:
Mr Anderson is fined the sum of $200.
hearing_type: Hearing
Rules: 869(4)(6) & Breach of push out rule
Informant: R A Quirk, Stipendiary Steward
JockeysandTrainer: M J Anderson, Licensed Junior Driver
Otherperson: Mr S P Renault - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 6fd0b640125043796c5c03e39a96829b
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: 45e79d501a1cf0636c71b59c1f1397e1
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 29/06/2018
meet_title: NZ Metro TC - 29 June 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: DAnderson
meet_pm2: none
name: NZ Metro TC