NZMTC 27 July 2012 – R3
ID: JCA12271
Meet Title:
NZ Metro TC - 27 July 2012
Meet Chair:
RMcKenzie
Meet Committee Member 1:
JMillar
Race Date:
2012/07/27
Race Number:
R2
Decision:
Mr Cations having admitted the breach, the charge was found proved.
Penalty:
Mr Cations was fined the sum of $200.
Charge:
Breach of the pushout Rule
Facts:
Following the running of Race 2, The Thirsty Marriner Sumner Mobile Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Graduation Horseman, Mr M S Cations, alleging a breach of Rule 869 (6) (b) & (c) in that Mr Cations, as the driver of COMENCHE in the race, “forced FEAR FLYING (C D Thornley) to race wider on the track near the 1100 metres – push out Rule.”
Mr Cations had signed the Statement by the Respondent on the information form indicating that he admitted the breach. Mr Renault informed the Committee that Mr Cations did not wish to be present at the hearing of the information.
Rule 869 provides as follows:
(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.
Submissions for Decision:
Mr Renault had Stipendiary Steward, Mr N G McIntyre, show video replays of the incident with approximately 1100 metres to run. Mr McIntyre pointed out Mr Cations, driving COMENCHE, racing midfield on the pylons with FEAR FLYING (C D Thornley) behind him and on his outside, following CHAL FIRE (C J De Filippi). Racing out of the home straight, the position one off the markers was vacated by CHAL FIRE. Mr Cations had then elected to take up that position but, prior to his doing so, Mr Thornley had got to the outside of his wheel and was progressing forward. As a result, Mr Thornley was forced out into the 3-wide line, in restricted room, until he was able to angle back onto Mr Cations’ back. Mr McIntyre submitted that it was a clear breach of the pushout Rule. He pointed out the 1000 metres mark on the inside of the track and submitted that the incident had occurred approximately 100 metres prior to that point.
Submissions for Penalty:
Mr Renault told the Committee that Mr Cations has had 29 lifetime drives, 7 of which have been in the current season. He drives only horses that he trains himself and currently has only COMENCHE, which has just come back from a spell, in training.
Mr Renault submitted that the appropriate penalty was a fine of $200, which is the usual penalty for a breach of the Rule. Mr Cations had no previous breaches of the Rule on his record, Mr Renault said.
Reasons for Penalty:
In determining penalty, the Committee took into account Mr Cations’ admission of the breach and his previous good record. The Committee agreed with Mr Renault’s submission that a fine of $200 was appropriate having regard to those factors.
JCA Decision Fields (raw)
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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: 48656720caca4f38f9a16451d873be49
informantnumber: A1802
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 26/07/2012
hearing_title: NZMTC 27 July 2012 - R3
charge:
Breach of the pushout Rule
facts:
Following the running of Race 2, The Thirsty Marriner Sumner Mobile Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Graduation Horseman, Mr M S Cations, alleging a breach of Rule 869 (6) (b) & (c) in that Mr Cations, as the driver of COMENCHE in the race, “forced FEAR FLYING (C D Thornley) to race wider on the track near the 1100 metres – push out Rule.”
Mr Cations had signed the Statement by the Respondent on the information form indicating that he admitted the breach. Mr Renault informed the Committee that Mr Cations did not wish to be present at the hearing of the information.
Rule 869 provides as follows:
(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.
appealdecision:
isappeal:
submissionsfordecision:
Mr Renault had Stipendiary Steward, Mr N G McIntyre, show video replays of the incident with approximately 1100 metres to run. Mr McIntyre pointed out Mr Cations, driving COMENCHE, racing midfield on the pylons with FEAR FLYING (C D Thornley) behind him and on his outside, following CHAL FIRE (C J De Filippi). Racing out of the home straight, the position one off the markers was vacated by CHAL FIRE. Mr Cations had then elected to take up that position but, prior to his doing so, Mr Thornley had got to the outside of his wheel and was progressing forward. As a result, Mr Thornley was forced out into the 3-wide line, in restricted room, until he was able to angle back onto Mr Cations’ back. Mr McIntyre submitted that it was a clear breach of the pushout Rule. He pointed out the 1000 metres mark on the inside of the track and submitted that the incident had occurred approximately 100 metres prior to that point.
reasonsfordecision:
Decision:
Mr Cations having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Renault told the Committee that Mr Cations has had 29 lifetime drives, 7 of which have been in the current season. He drives only horses that he trains himself and currently has only COMENCHE, which has just come back from a spell, in training.
Mr Renault submitted that the appropriate penalty was a fine of $200, which is the usual penalty for a breach of the Rule. Mr Cations had no previous breaches of the Rule on his record, Mr Renault said.
reasonsforpenalty:
In determining penalty, the Committee took into account Mr Cations’ admission of the breach and his previous good record. The Committee agreed with Mr Renault’s submission that a fine of $200 was appropriate having regard to those factors.
penalty:
Mr Cations was fined the sum of $200.
hearing_type: Hearing
Rules: 869(6)(b)&(c)
Informant: SP Renault - Stipendiary Steward
JockeysandTrainer: MS Cations - Licensed Graduation Driver
Otherperson: NG McIntyre - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 1158ac3757ddf5615d5286dabcb9f690
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: de06cc32d2381b80f90f96c7fe760524
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 27/07/2012
meet_title: NZ Metro TC - 27 July 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: JMillar
meet_pm2: none
name: NZ Metro TC