NZ Metro TC 5 March 2021 – R 8 – Chair, Mr R McKenzie
ID: JCA13047
Meet Title:
NZ Metro TC - 5 March 2021
Meet Chair:
RMcKenzie
Race Date:
2021/03/05
Race Number:
R8
Decision:
Mr Davis having admitted the breach, the charge is found proved.
Penalty:
Mr Davis is fined the sum of $200.
Facts:
Following the running of Race 8, Hagley Windows & Doors Mobile Trot, an Information was filed by Stipendiary Steward, Mr P Williams, against Licensed Open Driver, Mr P J Davis, alleging that Mr Davis, as the driver of KAHRESS in the race, “shifted outwards approaching the 1600 metres forcing EASY PICKINGS (B T Hope) wider on the track”.
Mr Davis had signed the Statement by the Respondent on the Information form indicating that he admitted the charge. He confirmed this at the hearing, at which he was present.
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 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 Williams showed available video replays of the incident with approximately 1600 metres to run. He pointed out KAHRESS, driven by Mr Davis, racing in 6th place on the markers as the field approached the 1600 metres. EASY PICKINGS, driven by Mr Hope, was racing in the one-out line behind Mr Davis. Shortly thereafter, Mr Davis eased his runner away from the markers when, Mr Williams alleged, EASY PICKINGS was outside his wheel, forcing that runner to race 3-wide for a short distance, before being eased onto the back of Mr Davis. Mr Davis had breached the Pushout Rule, Mr Williams said.
Mr Davis said that the breach was “pretty obvious” but submitted it was a minimal breach, as Mr Hope had only been forced to race wider for “a couple of strides”. Mr Williams, when asked by the Committee, agreed that the breach was low-end. Mr Davis said that Mr Hope had finished up in a better position by being able to get into the “one-one”.
Submissions for Penalty:
Mr Williams referred to the Penalty Guide starting point for a breach of the Pushout Rule – a 5-drives suspension or a fine of $250. Mr Williams confirmed that the breach was low-end with the consequential effects to Mr Hope’s runner “not that great”.
Mr Davis has a clear record under the Rule. He has had 110 drives this season, Mr Williams said. He submitted that a fine of not more than $250 would be an appropriate penalty.
Reasons for Penalty:
The Penalty Guide starting point for a breach of the Rule is a $250 fine, a suspension not being appropriate in this instance. There are no aggravating factors, but mitigating factors are the low-end level of the breach, Mr Davis’ good record and his admission of the breach. As far as the level of the breach is concerned, it was clearly low-level as Mr Hope’s runner was forced to race wider for only a few strides, after which it was able to obtain a favourable run in the race and eventually finish in 2nd placing. The Committee decided that the mitigating factors entitled Mr Davis to a $50 discount from the Penalty Guide starting point.
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: 3a800025a9f87895f7780c93c10b25b7
informantnumber: A13655
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of Pushout Rule
plea: admitted
penaltyrequired: 1
decisiondate: 08/03/2021
hearing_title: NZ Metro TC 5 March 2021 - R 8 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 8, Hagley Windows & Doors Mobile Trot, an Information was filed by Stipendiary Steward, Mr P Williams, against Licensed Open Driver, Mr P J Davis, alleging that Mr Davis, as the driver of KAHRESS in the race, “shifted outwards approaching the 1600 metres forcing EASY PICKINGS (B T Hope) wider on the track”.
Mr Davis had signed the Statement by the Respondent on the Information form indicating that he admitted the charge. He confirmed this at the hearing, at which he was present.
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 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 Williams showed available video replays of the incident with approximately 1600 metres to run. He pointed out KAHRESS, driven by Mr Davis, racing in 6th place on the markers as the field approached the 1600 metres. EASY PICKINGS, driven by Mr Hope, was racing in the one-out line behind Mr Davis. Shortly thereafter, Mr Davis eased his runner away from the markers when, Mr Williams alleged, EASY PICKINGS was outside his wheel, forcing that runner to race 3-wide for a short distance, before being eased onto the back of Mr Davis. Mr Davis had breached the Pushout Rule, Mr Williams said.
Mr Davis said that the breach was “pretty obvious” but submitted it was a minimal breach, as Mr Hope had only been forced to race wider for “a couple of strides”. Mr Williams, when asked by the Committee, agreed that the breach was low-end. Mr Davis said that Mr Hope had finished up in a better position by being able to get into the “one-one”.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Davis having admitted the breach, the charge is found proved.
sumissionsforpenalty:
Mr Williams referred to the Penalty Guide starting point for a breach of the Pushout Rule – a 5-drives suspension or a fine of $250. Mr Williams confirmed that the breach was low-end with the consequential effects to Mr Hope’s runner “not that great”.
Mr Davis has a clear record under the Rule. He has had 110 drives this season, Mr Williams said. He submitted that a fine of not more than $250 would be an appropriate penalty.
reasonsforpenalty:
The Penalty Guide starting point for a breach of the Rule is a $250 fine, a suspension not being appropriate in this instance. There are no aggravating factors, but mitigating factors are the low-end level of the breach, Mr Davis’ good record and his admission of the breach. As far as the level of the breach is concerned, it was clearly low-level as Mr Hope’s runner was forced to race wider for only a few strides, after which it was able to obtain a favourable run in the race and eventually finish in 2nd placing. The Committee decided that the mitigating factors entitled Mr Davis to a $50 discount from the Penalty Guide starting point.
penalty:
Mr Davis is fined the sum of $200.
hearing_type: Hearing
Rules: 869(4)&(6)(b)&(c)
Informant: P Williams, Stipendiary Steward
JockeysandTrainer: P J Davis, Licensed Open Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 013a7e772dafcee4a8b304f4101f148a
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: 131f26a61ebc52a24b9eb969704e5f5f
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 05/03/2021
meet_title: NZ Metro TC - 5 March 2021
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: none
meet_pm2: none
name: NZ Metro TC