Roxburgh TC 4 January 2018 – R 2 – Chair, Prof G Hall
ID: JCA12487
Meet Title:
Roxburgh TC - 4 January 2018
Meet Chair:
GHall
Meet Committee Member 1:
MConway
Race Date:
2018/01/04
Race Number:
R 2
Decision:
As Mr Rogers has admitted the breach, we find the breach proved.
Penalty:
Mr Rogers is fined the sum of $150 and is reminded of his obligations under the Rules of Harness Racing.
Facts:
Following the running of race 2, the MACCA LODGE/ MCINTYRE FLANNERY TAIT MOBILE PACE, Stipendiary Steward, Mr Tidmarsh, filed an information alleging Mr Rogers (RIPSNORTER), forced PACIFIC HILIGHT (Mr McIlwrick) to race wider on the track near the 1300 metres.
Rule 869(4) and (6)(b) and (c) read:
(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 and its progress.
(6)(b) a horse making a forward movement during any race shall not be forced to race wider on the track.
(6)(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.
Mr Tidmarsh identified on the videos that Mr Rogers was 5 back on the marker line positioned towards the rear of the field as it neared the 1300 metres mark. The respondent had Mr D Dunn racing 2 wide in front of him and he was attempting to shift on to his back. Mr Rogers had had to restrain his horse to clear Mr Dunn’s inside wheel. Mr McIlwrick was racing one out. He had progressed forward on to Mr Rogers’ wheel when the respondent shifted out and moved him wider on the track. Mr McIlwrick ended up having to restrain his horse to behind Mr Rogers.
Mr Swain said when the respondent first looked to come out Mr McIlwrick was a length and a half behind him. Mr Rogers had just been caught out by Mr McIlwrick coming forward quickly at this time. He said it was just a slight error of timing by the respondent in his eagerness to get out and follow Mr Dunn and it had had no major bearing on the race.
Mr Rogers said he had thought at the time that Mr McIlwrick was perhaps going to go 3 wide anyway.
Submissions for Penalty:
Mr Tidmarsh produced Mr Rogers’ record. This was his 25th drive. His licence had been reinstated this season and this was his second drive since. He had had 2 drives last season and 6 the season before. His record was clear under this rule. Mr Tidmarsh stated the starting point in the JCA Penalty Guide was a $250 fine or a 5-drive suspension.
Mr Rogers submitted that a fine rather than a suspension was appropriate.
Mr Swain emphasised the respondent was a junior driver and that he would learn from this experience.
Reasons for Penalty:
Mr Rogers has shifted Mr McIlwrick wider on the track in contravention of the push out rule. Mr McIlwrick was forced to race wider on the track briefly before slotting in behind Mr Rogers. Neither horse finished the race off particularly well. The breach is low end and a $50 reduction from the starting point of $250 is appropriate.
The respondent is an inexperienced junior driver. He has no previous breach of this rule and has admitted the breach. These mitigating factors warrant a $50 reduction to the sum of $150. We observe that this was the penalty imposed for a defended low level breach on a similarly inexperienced junior driver, Mr B Hope, at Reefton on 30 December. A penalty at a similar level to that is thus also appropriate in the interests of consistency.
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: 61f64167ad9626437d17c161e3c852a7
informantnumber: A9793
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Push out Rule
plea: admitted
penaltyrequired: 1
decisiondate: 29/01/2018
hearing_title: Roxburgh TC 4 January 2018 - R 2 - Chair, Prof G Hall
charge:
facts:
Following the running of race 2, the MACCA LODGE/ MCINTYRE FLANNERY TAIT MOBILE PACE, Stipendiary Steward, Mr Tidmarsh, filed an information alleging Mr Rogers (RIPSNORTER), forced PACIFIC HILIGHT (Mr McIlwrick) to race wider on the track near the 1300 metres.
Rule 869(4) and (6)(b) and (c) read:
(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 and its progress.
(6)(b) a horse making a forward movement during any race shall not be forced to race wider on the track.
(6)(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.
Mr Tidmarsh identified on the videos that Mr Rogers was 5 back on the marker line positioned towards the rear of the field as it neared the 1300 metres mark. The respondent had Mr D Dunn racing 2 wide in front of him and he was attempting to shift on to his back. Mr Rogers had had to restrain his horse to clear Mr Dunn’s inside wheel. Mr McIlwrick was racing one out. He had progressed forward on to Mr Rogers’ wheel when the respondent shifted out and moved him wider on the track. Mr McIlwrick ended up having to restrain his horse to behind Mr Rogers.
Mr Swain said when the respondent first looked to come out Mr McIlwrick was a length and a half behind him. Mr Rogers had just been caught out by Mr McIlwrick coming forward quickly at this time. He said it was just a slight error of timing by the respondent in his eagerness to get out and follow Mr Dunn and it had had no major bearing on the race.
Mr Rogers said he had thought at the time that Mr McIlwrick was perhaps going to go 3 wide anyway.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Rogers has admitted the breach, we find the breach proved.
sumissionsforpenalty:
Mr Tidmarsh produced Mr Rogers’ record. This was his 25th drive. His licence had been reinstated this season and this was his second drive since. He had had 2 drives last season and 6 the season before. His record was clear under this rule. Mr Tidmarsh stated the starting point in the JCA Penalty Guide was a $250 fine or a 5-drive suspension.
Mr Rogers submitted that a fine rather than a suspension was appropriate.
Mr Swain emphasised the respondent was a junior driver and that he would learn from this experience.
reasonsforpenalty:
Mr Rogers has shifted Mr McIlwrick wider on the track in contravention of the push out rule. Mr McIlwrick was forced to race wider on the track briefly before slotting in behind Mr Rogers. Neither horse finished the race off particularly well. The breach is low end and a $50 reduction from the starting point of $250 is appropriate.
The respondent is an inexperienced junior driver. He has no previous breach of this rule and has admitted the breach. These mitigating factors warrant a $50 reduction to the sum of $150. We observe that this was the penalty imposed for a defended low level breach on a similarly inexperienced junior driver, Mr B Hope, at Reefton on 30 December. A penalty at a similar level to that is thus also appropriate in the interests of consistency.
penalty:
Mr Rogers is fined the sum of $150 and is reminded of his obligations under the Rules of Harness Racing.
hearing_type: Hearing
Rules: 869(4)(6)(b)(c)
Informant: Mr L Tidmarsh - Stipendiary Steward
JockeysandTrainer: Mr R Rogers - Junior Driver
Otherperson: Mr M Swain - Licensed Driver assisting Mr Rogers
PersonPresent:
Respondent:
StipendSteward:
raceid: 959d14f7b47b1b4ce2361ba967717db1
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: dda2f8d34becc81c3d34408ff8f6b3e4
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 04/01/2018
meet_title: Roxburgh TC - 4 January 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: roxburgh-tc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: MConway
meet_pm2: none
name: Roxburgh TC