NZMTC 24 January 2012 – R 4
ID: JCA17992
Meet Title:
NZ Metro TC - 24 January 2012
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2012/01/24
Race Number:
R4
Decision:
The charge was found to be proved.
Penalty:
Accordingly Mr Golding was fined the sum of $200-00.
Charge:
Breach of Rule 869(6)(b)(c) - the push out rule.
Facts:
Following the running of Race 4, the Holland Clarke & Beatson Mobile Pace, an Information was filed by Stipendiary Steward Mr NM Ydgren against Junior Horseman Mr SF Golding, alleging a breach of Rule 869(6)(b) (c), in that near the 1250m he forced CUE wider on the track.
The charge reads as follows:
“I the above named Informant allege that the above named Respondent committed a breach of Rule 869(6)(b)(c) in that Mr Golding allowed his drive to shift wider on the track near the 1250m forcing CUE wider on the track when not clear to do so.”
Rule 869(6) (b)(c) reads as follows:
“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.”
Submissions for Decision:
Mr Golding had indicated on the Information that this breach of the Rules was not admitted and he confirmed this at the hearing. Mr Golding also agreed that he understood the charge and the Rule it was brought under.
As Mr Golding was a Junior Driver, Open Horseman Mr PN Jones assisted at the hearing.
Mr Ydgren gave evidence and used video coverage to show that Mr Golding, driving FUTURE PHIL, was travelling in a 1-wide position trailing THOMAS HAMILTION (CJ DeFilippi), approaching the 1250m.When THOMAS HAMILTON shifted out legitimately into a 2 wide position to improve Mr Golding followed THOMAS HAMILTON out forcing CUE (J Anderson), who was racing on FUTURE PHIL’s outer and well past Mr Golding’s sulky wheel, wider on the track into a 3-wide position.
Junior Driver Mr J Anderson gave evidence that he attempted to go onto the back of THOMAS HAMILTON following that horse’s movement out to improve, but was forced wider when Mr Golding’s horse shifted out onto the back of THOMAS HAMILTON near the 1250m.
Mr Jones made submissions on behalf of Mr Golding that Mr Golding was a victim of circumstances as the lead 3 horses, that were ahead of the rest of the field, were racing off the running line and approaching the bend out of the straight all 3 shifted down to the marker line leaving the rest of the field racing 2 wide. As the field had re adjusted to the marker line Mr Anderson was left in the 3 wide position from that point. Mr Jones also submitted that Mr Golding had kept a true line throughout the straight.
Reasons for Decision:
In considering our decision in this matter, we carefully took into account all the evidence and the video coverage. The Committee found that near the 1250m Mr Golding, driving FUTURE PHIL, was racing in a 1-wide position on the back of THOMAS HAMILTON. THOMAS HAMILTON then shifted wider legitimately into a 2-wide position to improve. Mr Golding then followed THOMAS HAMILTON out but in doing so forced CUE who was racing on Mr Golding’s outer and well past Mr Golding’s sulky wheel, wider on the track into a 3-wide position. The Committee found little relevance in the submissions given by Mr Jones, on behalf of Mr Golding, regarding the influence of the lead 3 horses racing off the marker line and then shifting down to the running line as they approached the bend out of the straight.
The Committee determined that this was a clear breach of the push out rule and Mr Golding had erred by shifting wider on the track near the 1250m forcing CUE out into a 3-wide position.
Submissions for Penalty:
Mr Ydgren informed the Committee that Mr Golding had not been before the JCA in regard to this Rule previously and that his penalty record could be regarded as excellent. Mr Ydgren 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 Golding driving statistics were that he had 86 lifetime drives and this season 53 drives so far. Mr Ydgren submitted that a fine of between $200 and $250 be imposed.
Mr Golding submitted that a he was a junior horseman with limited means and that a fine of $250 was excessive.
Reasons for Penalty:
We were satisfied, after taking into consideration Mr Golding’s clear penalty record and penalties imposed for similar breaches of this Rule, that a fine of $200-00 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: dfce2de98583807d0adad33348977c18
informantnumber: A5345
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 1
decisiondate: 19/01/2012
hearing_title: NZMTC 24 January 2012 - R 4
charge:
Breach of Rule 869(6)(b)(c) - the push out rule.
facts:
Following the running of Race 4, the Holland Clarke & Beatson Mobile Pace, an Information was filed by Stipendiary Steward Mr NM Ydgren against Junior Horseman Mr SF Golding, alleging a breach of Rule 869(6)(b) (c), in that near the 1250m he forced CUE wider on the track.
The charge reads as follows:
“I the above named Informant allege that the above named Respondent committed a breach of Rule 869(6)(b)(c) in that Mr Golding allowed his drive to shift wider on the track near the 1250m forcing CUE wider on the track when not clear to do so.”
Rule 869(6) (b)(c) reads as follows:
“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.”
appealdecision:
isappeal:
submissionsfordecision:
Mr Golding had indicated on the Information that this breach of the Rules was not admitted and he confirmed this at the hearing. Mr Golding also agreed that he understood the charge and the Rule it was brought under.
As Mr Golding was a Junior Driver, Open Horseman Mr PN Jones assisted at the hearing.
Mr Ydgren gave evidence and used video coverage to show that Mr Golding, driving FUTURE PHIL, was travelling in a 1-wide position trailing THOMAS HAMILTION (CJ DeFilippi), approaching the 1250m.When THOMAS HAMILTON shifted out legitimately into a 2 wide position to improve Mr Golding followed THOMAS HAMILTON out forcing CUE (J Anderson), who was racing on FUTURE PHIL’s outer and well past Mr Golding’s sulky wheel, wider on the track into a 3-wide position.
Junior Driver Mr J Anderson gave evidence that he attempted to go onto the back of THOMAS HAMILTON following that horse’s movement out to improve, but was forced wider when Mr Golding’s horse shifted out onto the back of THOMAS HAMILTON near the 1250m.
Mr Jones made submissions on behalf of Mr Golding that Mr Golding was a victim of circumstances as the lead 3 horses, that were ahead of the rest of the field, were racing off the running line and approaching the bend out of the straight all 3 shifted down to the marker line leaving the rest of the field racing 2 wide. As the field had re adjusted to the marker line Mr Anderson was left in the 3 wide position from that point. Mr Jones also submitted that Mr Golding had kept a true line throughout the straight.
reasonsfordecision:
In considering our decision in this matter, we carefully took into account all the evidence and the video coverage. The Committee found that near the 1250m Mr Golding, driving FUTURE PHIL, was racing in a 1-wide position on the back of THOMAS HAMILTON. THOMAS HAMILTON then shifted wider legitimately into a 2-wide position to improve. Mr Golding then followed THOMAS HAMILTON out but in doing so forced CUE who was racing on Mr Golding’s outer and well past Mr Golding’s sulky wheel, wider on the track into a 3-wide position. The Committee found little relevance in the submissions given by Mr Jones, on behalf of Mr Golding, regarding the influence of the lead 3 horses racing off the marker line and then shifting down to the running line as they approached the bend out of the straight.
The Committee determined that this was a clear breach of the push out rule and Mr Golding had erred by shifting wider on the track near the 1250m forcing CUE out into a 3-wide position.
Decision:
The charge was found to be proved.
sumissionsforpenalty:
Mr Ydgren informed the Committee that Mr Golding had not been before the JCA in regard to this Rule previously and that his penalty record could be regarded as excellent. Mr Ydgren 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 Golding driving statistics were that he had 86 lifetime drives and this season 53 drives so far. Mr Ydgren submitted that a fine of between $200 and $250 be imposed.
Mr Golding submitted that a he was a junior horseman with limited means and that a fine of $250 was excessive.
reasonsforpenalty:
We were satisfied, after taking into consideration Mr Golding’s clear penalty record and penalties imposed for similar breaches of this Rule, that a fine of $200-00 was an appropriate penalty in this case.
penalty:
Accordingly Mr Golding was fined the sum of $200-00.
hearing_type: Hearing
Rules: 869(6)(b)(c)
Informant: Mr N M Ydgren - Stipendiary Steward
JockeysandTrainer: Mr S F Golding - Junior Driver
Otherperson: Mr P N Jones - Open Horseman
PersonPresent:
Respondent:
StipendSteward:
raceid: e69fd738aadd7d89caef6b5091c57b66
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: f9c022b3c37ad4ebed983df60f66f0c2
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 24/01/2012
meet_title: NZ Metro TC - 24 January 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: NZ Metro TC