Rangiora HRC 14 August 2011 – R 3
ID: JCA15884
Meet Title:
Rangiora HRC - 14 August 2011
Meet Chair:
JPhelan
Meet Committee Member 1:
KHales
Race Date:
2011/08/14
Race Number:
R3
Decision:
The charge was found to be proved.
Penalty:
Mr Holmes was fined the sum of $300-00.
Charge:
Alleged breach of Rule 869(4) and Passing Lanes, False Rails and Home Stright Regulations
Facts:
Following the running of Race 3, the Two Bookies Pace, an Information was filed by Stipendiary Steward Mrs K. R. Williams against Open Horseman Mr R. D. Holmes, the driver of “Albie Al” (5), alleging a breach of Rule 869(4) and the Passing Lane, False Rails and Home straight Regulations.
The charge reads as follows.
“I the above named informant allege that the above named Defendant committed a breach of Rule 869(4) and the Home Straight Regulations in that you drove in a manner which caused interference to Classieayr” by failing to maintain as straight a course as possible to the finish line.”
Rule 869(4) reads 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.”
The Passing Lanes, False Rails and Home Straight Regulations, so far as they relate to this matter, provide as follows.
“4. In the last lap of any race the leading horse on the running line shall, upon entering the home straight, maintain as straight a course as possible parallel to the running line and allow the trailing horses full access to the expanded inside lane.
5. ……
6. Subject to clause 4 hereof, in the last lap of any race no horse shall move inwards into the expanded inside lane (or any part thereof) when it has an unimpeded run to the finish line.
7. Except where a horseman is making a move pursuant to Rule 869(7) and subject to the preceding provisions of this regulation where applicable, every horse shall upon entering the home straight prior to the finish maintain as straight a course as possible to the finish line.”
8. Failure to comply with clauses 4 and/or 5 and/or 6 and/or 7 hereof shall be deemed a breach of Rule 869(4) of the NZ Rules of Harness Racing in respect of which Rules 1003 and 869(8) apply.”
Mr Holmes had indicated on the Information that this breach of the Rules was not admitted and he also agreed that he understood the charge, the Rule it was brought under, and also the Passing Lanes, False Rails and Home Straight Regulations.
Submissions for Decision:
Mrs Williams gave evidence and used video coverage to show that when the field entered the home straight for the final time “Goodfields Dream” (1) had a big lead. Second into the straight was “Albie Al” (5) driven by Mr Holmes, and he was trailed by “Classieayr” (3) driven by Mr I. R. Cameron. Mrs Williams said that as “Albie Al” had an unimpeded run to the finish line Mr Holmes was required to keep as straight a course as possible to the finish line.
The video coverage showed that Mr Holmes did keep his horse straight (as required) for a while in the straight, but then allowed it to move into the passing lane, which is not permissible. Mrs Williams said that Mr Holmes did not need to move into the passing lane to gain a run, but that he allowed his horse to do so while driving it out, and made no effort to keep it out of the passing lane.
After trailing “Albie Al” into the straight Mr Cameron’s horse started to run on, and went for a run in the passing lane, on the inside of “Albie Al”, as it was entitled to do. Mr Cameron had his horse well up on the inside of “Albie Al” when Mr Holmes allowed his horse to move onto the marker line. As a result “Classieayr” ran out of room and had to be restrained back, which cost it any chance it had.
Mr Cameron gave evidence that he went for a run in the passing lane, and that there was plenty of room to do so. However when he was trying to get past “Albie Al” that horse moved inwards and he had to restrain his horse as he ran out of room.
Mr Holmes asked Mrs Williams when he would be entitled to use the passing lane. Mrs Williams said that he could only use the passing lane if he needed to do so to gain a run. Otherwise the passing lane was there for any other trailing runner which might want to use it to gain a run.
Mr Holmes gave evidence that he entered the final straight in second place, and that he believed he had a good chance of finishing in a place. He said that he believed that he was entitled to move into the passing lane in these circumstances.
We adjourned to consider our decision.
Reasons for Decision:
After reviewing all the evidence we were satisfied that Mr Holmes did have an unimpeded run to the finish line, and therefore a responsibility under the Regulations to maintain as straight a course to the finishing line as possible. Mr Holmes had no right to use the passing lane in these circumstances. We were satisfied that the charge had been proved, and on resuming the hearing we advised the parties of our decision.
Submissions for Penalty:
In relation to penalty Mrs Williams advised that Mr Holmes had a clear record, and submitted that a fine between $200-00 and $400-00 should be imposed.
Mr Holmes had no relevant submissions to make with regard to penalty.
We adjourned to consider the matter of penalty.
Reasons for Penalty:
In considering the matter of an appropriate penalty we took into account that Mr Holmes had a clear record. On the other hand this incident did have an adverse effect on Mr Cameron’s chances in the race.
Taking all these matters into account we decided that Mr Holmes would be fined the sum of $300-00 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: e0609013d0a1ce00a23c5931b7c21090
informantnumber: 66843
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 1
decisiondate: 14/08/2011
hearing_title: Rangiora HRC 14 August 2011 - R 3
charge:
Alleged breach of Rule 869(4) and Passing Lanes, False Rails and Home Stright Regulations
facts:
Following the running of Race 3, the Two Bookies Pace, an Information was filed by Stipendiary Steward Mrs K. R. Williams against Open Horseman Mr R. D. Holmes, the driver of “Albie Al” (5), alleging a breach of Rule 869(4) and the Passing Lane, False Rails and Home straight Regulations.
The charge reads as follows.
“I the above named informant allege that the above named Defendant committed a breach of Rule 869(4) and the Home Straight Regulations in that you drove in a manner which caused interference to Classieayr” by failing to maintain as straight a course as possible to the finish line.”
Rule 869(4) reads 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.”
The Passing Lanes, False Rails and Home Straight Regulations, so far as they relate to this matter, provide as follows.
“4. In the last lap of any race the leading horse on the running line shall, upon entering the home straight, maintain as straight a course as possible parallel to the running line and allow the trailing horses full access to the expanded inside lane.
5. ……
6. Subject to clause 4 hereof, in the last lap of any race no horse shall move inwards into the expanded inside lane (or any part thereof) when it has an unimpeded run to the finish line.
7. Except where a horseman is making a move pursuant to Rule 869(7) and subject to the preceding provisions of this regulation where applicable, every horse shall upon entering the home straight prior to the finish maintain as straight a course as possible to the finish line.”
8. Failure to comply with clauses 4 and/or 5 and/or 6 and/or 7 hereof shall be deemed a breach of Rule 869(4) of the NZ Rules of Harness Racing in respect of which Rules 1003 and 869(8) apply.”
Mr Holmes had indicated on the Information that this breach of the Rules was not admitted and he also agreed that he understood the charge, the Rule it was brought under, and also the Passing Lanes, False Rails and Home Straight Regulations.
appealdecision:
isappeal:
submissionsfordecision:
Mrs Williams gave evidence and used video coverage to show that when the field entered the home straight for the final time “Goodfields Dream” (1) had a big lead. Second into the straight was “Albie Al” (5) driven by Mr Holmes, and he was trailed by “Classieayr” (3) driven by Mr I. R. Cameron. Mrs Williams said that as “Albie Al” had an unimpeded run to the finish line Mr Holmes was required to keep as straight a course as possible to the finish line.
The video coverage showed that Mr Holmes did keep his horse straight (as required) for a while in the straight, but then allowed it to move into the passing lane, which is not permissible. Mrs Williams said that Mr Holmes did not need to move into the passing lane to gain a run, but that he allowed his horse to do so while driving it out, and made no effort to keep it out of the passing lane.
After trailing “Albie Al” into the straight Mr Cameron’s horse started to run on, and went for a run in the passing lane, on the inside of “Albie Al”, as it was entitled to do. Mr Cameron had his horse well up on the inside of “Albie Al” when Mr Holmes allowed his horse to move onto the marker line. As a result “Classieayr” ran out of room and had to be restrained back, which cost it any chance it had.
Mr Cameron gave evidence that he went for a run in the passing lane, and that there was plenty of room to do so. However when he was trying to get past “Albie Al” that horse moved inwards and he had to restrain his horse as he ran out of room.
Mr Holmes asked Mrs Williams when he would be entitled to use the passing lane. Mrs Williams said that he could only use the passing lane if he needed to do so to gain a run. Otherwise the passing lane was there for any other trailing runner which might want to use it to gain a run.
Mr Holmes gave evidence that he entered the final straight in second place, and that he believed he had a good chance of finishing in a place. He said that he believed that he was entitled to move into the passing lane in these circumstances.
We adjourned to consider our decision.
reasonsfordecision:
After reviewing all the evidence we were satisfied that Mr Holmes did have an unimpeded run to the finish line, and therefore a responsibility under the Regulations to maintain as straight a course to the finishing line as possible. Mr Holmes had no right to use the passing lane in these circumstances. We were satisfied that the charge had been proved, and on resuming the hearing we advised the parties of our decision.
Decision:
The charge was found to be proved.
sumissionsforpenalty:
In relation to penalty Mrs Williams advised that Mr Holmes had a clear record, and submitted that a fine between $200-00 and $400-00 should be imposed.
Mr Holmes had no relevant submissions to make with regard to penalty.
We adjourned to consider the matter of penalty.
reasonsforpenalty:
In considering the matter of an appropriate penalty we took into account that Mr Holmes had a clear record. On the other hand this incident did have an adverse effect on Mr Cameron’s chances in the race.
Taking all these matters into account we decided that Mr Holmes would be fined the sum of $300-00 in this case.
penalty:
Mr Holmes was fined the sum of $300-00.
hearing_type: Hearing
Rules: 869(4) and Passing Lanes, False Rails and Home Straight Regulations
Informant: Mrs K.R. Williams - Stipendiary Steward
JockeysandTrainer: Mr R. D. Holmes - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 7a7be1623cf0c57cb27ca52bf20df3dc
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 625da448ec25fde21219bffe44f89c8c
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 14/08/2011
meet_title: Rangiora HRC - 14 August 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: rangiora-hrc
meet_racingtype: harness-racing
meet_chair: JPhelan
meet_pm1: KHales
meet_pm2: none
name: Rangiora HRC