Archive Decision

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Oamaru HRC – 11 January 2011 – R6

ID: JCA11739

Applicant:
Mr N Ydgren

Respondent(s):
Mr C Buchan

Information Number:
69340

Hearing Type:
Hearing

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

Plea:
admitted

Meet Title:
Oamaru HRC - 11 January 2011

Meet Chair:
Ghall

Meet Committee Member 1:
JEagles

Race Date:
2011/01/11

Race Number:
R 6

Decision:

We find the breach proved.

Penalty:

We note the defendant has a clear record this past year under this rule. We simply find the breach proved and impose no penalty. We request that Mr Ydgren remind the defendant of his obligations under the Rules of Harness Racing.

Charge:

Mr Ydgren, stipendiary steward, alleged that with 1400 metres to run Mr C Buchan (BANKERS MOMENT) shifted Mr C Thornley (JUMANJI FRANCO) wider, when not clear to do so, in breach of the push out rule.

Facts:

Mr Ydgren demonstrated on the video that the defendant was 4 back on the fence. Mr Thornley (JUMANJI FRANCO) was 2nd last and 2 wide. Three wide was Mr Clark driving THE FIERY GINGA. He pointed out the defendant, when not clear, shifted out to 2 wide pushing Mr Thornley marginally wider to 3 wide and Mr Clark from 3 to 4 wide. Mr Thornley, when questioned by Mr Ydgren after the race, said that he was intending to move 2 wide anyway. However, Mr Clark was forced to race 4 wide instead of 3 wide for about 100 metres.

Submissions for Decision:

Mr Ydgren said the matter was muddied by the fact the a number of the horses were partially in the passing lane with a lap to go and thus much of Mr Buchan’s movement was lawful.

Reasons for Decision:

Mr Buchan admitted the breach and indicated on the information that he did not wish to be present at the hearing.

Submissions for Penalty:

In light of the somewhat unusual circumstances of the breach, Mr Ydgren submitted that an official warning from this Committee would be sufficient penalty on this occasion.

Reasons for Penalty:

We agree the circumstances of the breach are unusual, in that the defendant’s initial outward movement could be seen to be lawful. The only driver inconvenienced was Mr Clark and then only for a short time.

We agree with Mr Ydgren that the breach is at the very bottom of the scale and does not warrant the imposition of a $200 fine.

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: 23a50193611f245090028aac27c37d74


informantnumber: 69340


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 31/12/2010


hearing_title: Oamaru HRC - 11 January 2011 - R6


charge:

Mr Ydgren, stipendiary steward, alleged that with 1400 metres to run Mr C Buchan (BANKERS MOMENT) shifted Mr C Thornley (JUMANJI FRANCO) wider, when not clear to do so, in breach of the push out rule.


facts:

Mr Ydgren demonstrated on the video that the defendant was 4 back on the fence. Mr Thornley (JUMANJI FRANCO) was 2nd last and 2 wide. Three wide was Mr Clark driving THE FIERY GINGA. He pointed out the defendant, when not clear, shifted out to 2 wide pushing Mr Thornley marginally wider to 3 wide and Mr Clark from 3 to 4 wide. Mr Thornley, when questioned by Mr Ydgren after the race, said that he was intending to move 2 wide anyway. However, Mr Clark was forced to race 4 wide instead of 3 wide for about 100 metres.


appealdecision:


isappeal:


submissionsfordecision:

Mr Ydgren said the matter was muddied by the fact the a number of the horses were partially in the passing lane with a lap to go and thus much of Mr Buchan’s movement was lawful.


reasonsfordecision:

Mr Buchan admitted the breach and indicated on the information that he did not wish to be present at the hearing.


Decision:

We find the breach proved.


sumissionsforpenalty:

In light of the somewhat unusual circumstances of the breach, Mr Ydgren submitted that an official warning from this Committee would be sufficient penalty on this occasion.


reasonsforpenalty:

We agree the circumstances of the breach are unusual, in that the defendant’s initial outward movement could be seen to be lawful. The only driver inconvenienced was Mr Clark and then only for a short time.

We agree with Mr Ydgren that the breach is at the very bottom of the scale and does not warrant the imposition of a $200 fine.


penalty:

We note the defendant has a clear record this past year under this rule. We simply find the breach proved and impose no penalty. We request that Mr Ydgren remind the defendant of his obligations under the Rules of Harness Racing.


hearing_type: Hearing


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


Informant: Mr N Ydgren


JockeysandTrainer: Mr C Buchan


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: d5bc7810862233931d09b453334a37f1


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 6


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 70a62f6a6a54605886d0de19a1b3b83c


meet_expapproval: approved


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 11/01/2011


meet_title: Oamaru HRC - 11 January 2011


meet_expappcomment:


meet_km: [{"Comment": [], "MemberRole": "Panel member 1 ", "MemberID": "JEagles", "Member": "", "OtherExpenses": "0", "KMs": "290", "Total": "179.8", "kmprice": 179.80000000000001, "Approved": "on"}, {"Comment": [], "MemberRole": "Chair ", "MemberID": "Ghall", "Member": "", "OtherExpenses": "0", "KMs": "133", "Total": "82.46", "kmprice": 82.459999999999994, "Approved": "on"}]


meet_otherexp:


tracklocation: oamaru-hrc


meet_racingtype: harness-racing


meet_chair: Ghall


meet_pm1: JEagles


meet_pm2: none


name: Oamaru HRC