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NZ Metro TC 5 July 2011 – R 4

ID: JCA13011

Applicant:
Mr N. M. Ydgren - Stipendiary Steward

Respondent(s):
Miss A. J. Laing - Open Horsewoman

Information Number:
69501

Hearing Type:
Hearing

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

Plea:
admitted

Meet Title:
NZ Metro TC - 5 July 2011

Meet Chair:
JPhelan

Meet Committee Member 1:
SChing

Race Date:
2011/07/05

Race Number:
R4

Decision:

The charge was found to be proved.

Penalty:

Miss Laing was fined the sum of $200.

Charge:

Alleged breach of Rules 869(4) and (6)(b) and (c).

Facts:

Following the running of Race 4, the Bishopdale & Bush Inn TAB’s – Your Distination Mobile Pace, an Information was filed by Stipendiary Steward Mr N. M. Ydgren against Open Horsewoman Miss A. J. Laing, the driver of “K C Pedro” (1), alleging a breach of Rules 869(4) and (6)(b) and (c) in that she was in breach of the “push out” rule.
 
The charge reads as follows.
“I the above named informant allege that the above named Defendant committed a breach of Rule 869(4) and (6)(b) and (c) in that with 1500m to run A. Laing (K C Pedro) breached the push out rule when shifting LEAVE MEALONE (S. R. McNally) wider on the track.”
Rules 869(4) and (6)(b) and (c) read 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:-
(a) …..
(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.”
Miss Laing had indicated on the Information that this breach of the Rules was admitted and she also agreed that she understood the charge and the Rules it was brought under.

Submissions for Decision:

There had earlier been a protest hearing involving this incident, and it was agreed that the evidence from that hearing would form the basis for this hearing. The charge related to an incident at the 1500 metre mark when Miss Laing forced “Leave Mealone” to race three wide.

Reasons for Decision:

As Miss Laing had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).

Submissions for Penalty:

In relation to penalty Mr Ydgren advised that Miss Laing had not previously breached this Rule, and as the breach was admitted submitted that a fine of between $200 and $250 should be imposed.

Miss Laing had no submissions to make with regard to penalty.

Reasons for Penalty:

In considering the matter of an appropriate penalty we took into account that Miss Laing had admitted the breach and also that she had not previously breached the Rule. We were satisfied that an appropriate starting point for a penalty in this case was a fine of $250, and that this should be reduced to $200 to take into account the above matters.

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: 361104108d323b643cc8c70b307788f8

informantnumber: 69501

horsename:

hearing_racingtype:

startdate: no date provided

newcharge:

plea: admitted

penaltyrequired: 1

decisiondate: 06/07/2011

hearing_title: NZ Metro TC 5 July 2011 - R 4

charge:

Alleged breach of Rules 869(4) and (6)(b) and (c).

facts:

Following the running of Race 4, the Bishopdale & Bush Inn TAB’s – Your Distination Mobile Pace, an Information was filed by Stipendiary Steward Mr N. M. Ydgren against Open Horsewoman Miss A. J. Laing, the driver of “K C Pedro” (1), alleging a breach of Rules 869(4) and (6)(b) and (c) in that she was in breach of the “push out” rule.
 
The charge reads as follows.
“I the above named informant allege that the above named Defendant committed a breach of Rule 869(4) and (6)(b) and (c) in that with 1500m to run A. Laing (K C Pedro) breached the push out rule when shifting LEAVE MEALONE (S. R. McNally) wider on the track.”
Rules 869(4) and (6)(b) and (c) read 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:-
(a) …..
(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.”
Miss Laing had indicated on the Information that this breach of the Rules was admitted and she also agreed that she understood the charge and the Rules it was brought under.

appealdecision:

isappeal:

submissionsfordecision:

There had earlier been a protest hearing involving this incident, and it was agreed that the evidence from that hearing would form the basis for this hearing. The charge related to an incident at the 1500 metre mark when Miss Laing forced “Leave Mealone” to race three wide.

reasonsfordecision:

As Miss Laing had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).

Decision:

The charge was found to be proved.

sumissionsforpenalty:

In relation to penalty Mr Ydgren advised that Miss Laing had not previously breached this Rule, and as the breach was admitted submitted that a fine of between $200 and $250 should be imposed.

Miss Laing had no submissions to make with regard to penalty.

reasonsforpenalty:

In considering the matter of an appropriate penalty we took into account that Miss Laing had admitted the breach and also that she had not previously breached the Rule. We were satisfied that an appropriate starting point for a penalty in this case was a fine of $250, and that this should be reduced to $200 to take into account the above matters.

penalty:

Miss Laing was fined the sum of $200.

hearing_type: Hearing

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

Informant: Mr N. M. Ydgren - Stipendiary Steward

JockeysandTrainer: Miss A. J. Laing - Open Horsewoman

Otherperson:

PersonPresent:

Respondent:

StipendSteward:

raceid: 3a7c0ba0f16c65b900d9266e2e0d32e5

race_expapproval:

racecancelled: 0

race_noreport: 0

race_emailed1: 0

race_emailed2: 0

race_title: R4

submittochair:

race_expappcomment:

race_km:

race_otherexp:

race_chair:

race_pm1:

race_pm2:

meetid: f87e6d3e6b0f0136b9dd484c76411b37

meet_expapproval:

meet_noreport: 0

waitingforpublication: 0

meet_emailed1: 0

meet_emailed2: 0

meetdate: 05/07/2011

meet_title: NZ Metro TC - 5 July 2011

meet_expappcomment:

meet_km:

meet_otherexp:

tracklocation: nz-metro-tc

meet_racingtype: harness-racing

meet_chair: JPhelan

meet_pm1: SChing

meet_pm2: none

name: NZ Metro TC