Rangiora HRC 29 April 2012 – R 5
ID: JCA14363
Meet Title:
Rangiora HRC - 29 April 2012
Meet Chair:
RMcKenzie
Meet Committee Member 1:
JMillar
Race Date:
2012/04/29
Race Number:
R5
Decision:
Mr Burton having admitted the breach, the charge was found proved.
Penalty:
Mr Burton was fined the sum of $250.
Charge:
Driving in a manner likely to cause interference
Facts:
Following the running of Race 5, “Glenferrie Farm” Four & Five Year Old Trotting Mares Free-For-All, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Horseman, Mr R N Burton, alleging a breach of Rule 869 (4) in that Mr Burton, as the driver of EVANDER D GO in the race, “drove in a manner likely to cause interference to EVANDER D GO passing the 700 metres when attempting a run to the inside of LARIX (T S Chmiel) resulting in his horse striking pylons and Mr Burton having to restrain his horse”.
Mr Burton was present at the hearing of the information and he indicated that he admitted the breach.
Rule 869 provides 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.
Submissions for Decision:
Mr Renault showed video replays of the incident with approximately 700 metres to race. He showed the field racing past the 800 metres. He pointed out Mr Burton driving EVANDER D GO, racing 4-back on the markers at that point behind LARIX, driven by Mr Chmiel. He then pointed out Mr Burton improve on the inside of LARIX approaching the bend out of the back straight. Mr Burton then ran out of room and had to restrain behind Mr Chmiel. In the process, he struck several pylons, Mr Renault said. On the head-on video replay, Mr Renault pointed out THE REAL MCGUIRE (J C Hay), racing in the 1/1, attempt to improve to a 3-wide position. However, it was held in by SUNCHITA (B N Orange) racing 3-wide, forcing it to go back down. Mr Chmiel had attempted to come off the markers to occupy the vacant spot but had to move back down when Mr Hay was unable to move 3-wide. Mr Renault submitted that, in the meantime, Mr Burton had anticipated that a run would become available on the inside of Mr Chmiel. However, Mr Chmiel was still on the marker line on the back of the runner in front. As they approached the bend, Mr Chmiel was still 3-back with Mr Burton to his inside, in a gap that was “no man’s land”, Mr Renault said. EVANDER D GO struck pylons and Mr Burton was forced to restrain because of the tightening as the field approached the bend. No other driver was in a position to relieve the pressure so Mr Burton was obliged to ease his horse. His failure to do so had resulted in his horse having to be restrained and strike pylons, Mr Renault said.
Mr Burton said that he believed that there was “plenty of room” to go up inside Mr Chmiel. He took the gap because it was there and he was inside the gap before Mr Chmiel shifted back down. The gap did not close quickly, he said, otherwise he would have restrained earlier.
Submissions for Penalty:
Mr Renault said that Mr Burton had a clear record under the Rule. He has had 26 drives in the current season and had 53 in the 2010/2011 season. His lifetime drives number 441, so he is an experienced driver, Mr Renault said. He has held a licence for more than 30 years. However, on this occasion, Mr Burton had failed to take a hold of his horse when he should have.
Mr Renault stated that the Stewards were recommending a fine in the vicinity of $250. No other runner had been affected by Mr Burton’s actions, he said. He referred to the Penalty Guide which recommends a starting point for a breach of the Rule of a fine of $300 or 6 drives.
Mr Burton stressed that his horse was the only one who suffered interference and he, himself, had suffered a penalty as a result of the horse not running “in the money”.
Reasons for Penalty:
In determining penalty, the Committee took into account, as mitigating factors, Mr Burton’s admission of the breach and his previous good record. It was also relevant that no other runner received interference, but the chances of EVANDER D GO were affected. Members of the betting public who had supported the horse were affected as a consequence. However, it was not, in the Committee’s view, a breach at the high end of a scale of seriousness.
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: 7aa02f2774b55ff418087756bee8e8c1
informantnumber: A5260
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 18/04/2012
hearing_title: Rangiora HRC 29 April 2012 - R 5
charge:
Driving in a manner likely to cause interference
facts:
Following the running of Race 5, “Glenferrie Farm” Four & Five Year Old Trotting Mares Free-For-All, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Horseman, Mr R N Burton, alleging a breach of Rule 869 (4) in that Mr Burton, as the driver of EVANDER D GO in the race, “drove in a manner likely to cause interference to EVANDER D GO passing the 700 metres when attempting a run to the inside of LARIX (T S Chmiel) resulting in his horse striking pylons and Mr Burton having to restrain his horse”.
Mr Burton was present at the hearing of the information and he indicated that he admitted the breach.
Rule 869 provides 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.
appealdecision:
isappeal:
submissionsfordecision:
Mr Renault showed video replays of the incident with approximately 700 metres to race. He showed the field racing past the 800 metres. He pointed out Mr Burton driving EVANDER D GO, racing 4-back on the markers at that point behind LARIX, driven by Mr Chmiel. He then pointed out Mr Burton improve on the inside of LARIX approaching the bend out of the back straight. Mr Burton then ran out of room and had to restrain behind Mr Chmiel. In the process, he struck several pylons, Mr Renault said. On the head-on video replay, Mr Renault pointed out THE REAL MCGUIRE (J C Hay), racing in the 1/1, attempt to improve to a 3-wide position. However, it was held in by SUNCHITA (B N Orange) racing 3-wide, forcing it to go back down. Mr Chmiel had attempted to come off the markers to occupy the vacant spot but had to move back down when Mr Hay was unable to move 3-wide. Mr Renault submitted that, in the meantime, Mr Burton had anticipated that a run would become available on the inside of Mr Chmiel. However, Mr Chmiel was still on the marker line on the back of the runner in front. As they approached the bend, Mr Chmiel was still 3-back with Mr Burton to his inside, in a gap that was “no man’s land”, Mr Renault said. EVANDER D GO struck pylons and Mr Burton was forced to restrain because of the tightening as the field approached the bend. No other driver was in a position to relieve the pressure so Mr Burton was obliged to ease his horse. His failure to do so had resulted in his horse having to be restrained and strike pylons, Mr Renault said.
Mr Burton said that he believed that there was “plenty of room” to go up inside Mr Chmiel. He took the gap because it was there and he was inside the gap before Mr Chmiel shifted back down. The gap did not close quickly, he said, otherwise he would have restrained earlier.
reasonsfordecision:
Decision:
Mr Burton having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Renault said that Mr Burton had a clear record under the Rule. He has had 26 drives in the current season and had 53 in the 2010/2011 season. His lifetime drives number 441, so he is an experienced driver, Mr Renault said. He has held a licence for more than 30 years. However, on this occasion, Mr Burton had failed to take a hold of his horse when he should have.
Mr Renault stated that the Stewards were recommending a fine in the vicinity of $250. No other runner had been affected by Mr Burton’s actions, he said. He referred to the Penalty Guide which recommends a starting point for a breach of the Rule of a fine of $300 or 6 drives.
Mr Burton stressed that his horse was the only one who suffered interference and he, himself, had suffered a penalty as a result of the horse not running “in the money”.
reasonsforpenalty:
In determining penalty, the Committee took into account, as mitigating factors, Mr Burton’s admission of the breach and his previous good record. It was also relevant that no other runner received interference, but the chances of EVANDER D GO were affected. Members of the betting public who had supported the horse were affected as a consequence. However, it was not, in the Committee’s view, a breach at the high end of a scale of seriousness.
penalty:
Mr Burton was fined the sum of $250.
hearing_type: Hearing
Rules: 869(4)
Informant: S P Renault, Stipendiary Steward
JockeysandTrainer: R N Burton, Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: ad76be9244ca9d19360706649d8d5640
race_expapproval:
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race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
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meetdate: 29/04/2012
meet_title: Rangiora HRC - 29 April 2012
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tracklocation: rangiora-hrc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: JMillar
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name: Rangiora HRC