Rangiora HRC 27 February 2014 – R 7
ID: JCA16738
Meet Title:
Rangiora HRC - 27 February 2014
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2014/02/27
Race Number:
R4
Decision:
The charge was found to be proved.
Penalty:
Accordingly Mr Holmes was fined the sum of $200-00.
Facts:
Following the running of Race 4, the HSW Accounting Pace Pace, an Information was filed by Stipendiary Steward Mr N Ydgren against Open Horseman Mr R Holmes, alleging a breach of Rule 869(4) in that in the back straight Mr Holmes shifted his position down the track when not entitled to resulting in JOE THE HUNTER having to race in restricted room and be restrained out of its position.
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.
Mr Holmes had indicated on the Information that this breach of the Rules was admitted and he confirmed this at the hearing. Mr Holmes also agreed that he understood the charge and the Rule it was brought under.
Mr Ydgren gave evidence and used video coverage to show that in the back straight on the final occasion OUR HUGH, driven by Mr Holmes, was racing 4 back on the inner with a tiring runner directly ahead of him. Mr Ydgen pointed out Mr C R Thornley driving JOE THE HUNTER on the inner in the 3 deep position ahead of Mr Holmes. Approaching the bend out of the back straight Mr Thornley attempted to move down to follow MUSTANG BULLET, driven by Mr May as he was entitled to do. As Mr Thornley was shifting down to follow Mr May, Mr Holmes opted to try and improve on the inside of Mr Thornley and take up the trail of Mr May and as a result Mr Thornley was put into restricted room and had to restrain out of the position he was in as the horse immediately ahead began to tire. Mr Ydgren said that as the horses were moving into the bend it became very tight with 4 horses racing where there should have been 3. Mr Ydgren stated that the side on films clearly showed that Mr Thornley was entitled to shift down and trail Mr May. Mr Ydgren stated that Mr Holmes took up the position behind Mr May which was rightfully Mr Thornley's.
Mr Holmes said in submissions that horses do not race in lanes. He stated that it was bad luck that Mr Thornley got held up behind a tiring horse. He also said that at all stages he had room to improve into the gap.
Mr Ydgren in response said that it is a common racing pattern for horses to shift away from the pylons down the back straight before shifting back down into the bend. He said that no driver expects another driver to try and take up a position inside the horses on the running line in these circumstances especially approaching a bend. He stated all drivers were aware of this and Mr Holmes attempted to improve on the inner inside the horses on the running line which led to this incident.
Submissions for Penalty:
Mr Ydgren informed the Committee that Mr Holmes had a clear record in regard to this Rule. Mr Ydgren also said that the breach was at the lower end and that Mr Holmes had admitted the breach at the first opportunity. He stated that the JCA Penalty Guide had a recommended starting point of $300 and submitted that there were several factors in favour of Mr Holmes in mitigation and not many against in this case.
Mr Holmes had no submissions to make in regard to penalty.
Reasons for Penalty:
In taking the JCA Penalty Guide recommended starting point of $300 we were able to give Mr Holmes a discount for his frank admission of the breach, his good record and the fact that the breach was at the lower end of the scale. This discount we set at $100. We therefore determined that a fine of $200 be an appropriate penalty on this occasion.
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: da3d3de75331cb31765d17acca20742f
informantnumber: A6124
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of Rule 869 (4)
plea: admitted
penaltyrequired: 1
decisiondate: 03/03/2014
hearing_title: Rangiora HRC 27 February 2014 - R 7
charge:
facts:
Following the running of Race 4, the HSW Accounting Pace Pace, an Information was filed by Stipendiary Steward Mr N Ydgren against Open Horseman Mr R Holmes, alleging a breach of Rule 869(4) in that in the back straight Mr Holmes shifted his position down the track when not entitled to resulting in JOE THE HUNTER having to race in restricted room and be restrained out of its position.
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.
Mr Holmes had indicated on the Information that this breach of the Rules was admitted and he confirmed this at the hearing. Mr Holmes also agreed that he understood the charge and the Rule it was brought under.
Mr Ydgren gave evidence and used video coverage to show that in the back straight on the final occasion OUR HUGH, driven by Mr Holmes, was racing 4 back on the inner with a tiring runner directly ahead of him. Mr Ydgen pointed out Mr C R Thornley driving JOE THE HUNTER on the inner in the 3 deep position ahead of Mr Holmes. Approaching the bend out of the back straight Mr Thornley attempted to move down to follow MUSTANG BULLET, driven by Mr May as he was entitled to do. As Mr Thornley was shifting down to follow Mr May, Mr Holmes opted to try and improve on the inside of Mr Thornley and take up the trail of Mr May and as a result Mr Thornley was put into restricted room and had to restrain out of the position he was in as the horse immediately ahead began to tire. Mr Ydgren said that as the horses were moving into the bend it became very tight with 4 horses racing where there should have been 3. Mr Ydgren stated that the side on films clearly showed that Mr Thornley was entitled to shift down and trail Mr May. Mr Ydgren stated that Mr Holmes took up the position behind Mr May which was rightfully Mr Thornley's.
Mr Holmes said in submissions that horses do not race in lanes. He stated that it was bad luck that Mr Thornley got held up behind a tiring horse. He also said that at all stages he had room to improve into the gap.
Mr Ydgren in response said that it is a common racing pattern for horses to shift away from the pylons down the back straight before shifting back down into the bend. He said that no driver expects another driver to try and take up a position inside the horses on the running line in these circumstances especially approaching a bend. He stated all drivers were aware of this and Mr Holmes attempted to improve on the inner inside the horses on the running line which led to this incident.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The charge was found to be proved.
sumissionsforpenalty:
Mr Ydgren informed the Committee that Mr Holmes had a clear record in regard to this Rule. Mr Ydgren also said that the breach was at the lower end and that Mr Holmes had admitted the breach at the first opportunity. He stated that the JCA Penalty Guide had a recommended starting point of $300 and submitted that there were several factors in favour of Mr Holmes in mitigation and not many against in this case.
Mr Holmes had no submissions to make in regard to penalty.
reasonsforpenalty:
In taking the JCA Penalty Guide recommended starting point of $300 we were able to give Mr Holmes a discount for his frank admission of the breach, his good record and the fact that the breach was at the lower end of the scale. This discount we set at $100. We therefore determined that a fine of $200 be an appropriate penalty on this occasion.
penalty:
Accordingly Mr Holmes was fined the sum of $200-00.
hearing_type: Hearing
Rules: 869(4)
Informant: N Ydgren- Stipendiary Steward
JockeysandTrainer: R Holmes-Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 1df963c9c57f5f9c386e748be8b69ad1
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: 2e65d835dec73166911487e3b1441781
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 27/02/2014
meet_title: Rangiora HRC - 27 February 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: rangiora-hrc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: Rangiora HRC