Taranaki TC 17 April 2011 – R 10 (heard 19 April 2011 at New Plymouth)

hearingid: c2ea3e23b6e7315d08743841ceb0869f

informantnumber:

horsename:

hearing_racingtype: harness-racing

startdate: 17/04/2011

newcharge:

plea:

penaltyrequired:

decisiondate: no date provided

hearing_title: Taranaki TC 17 April 2011 - R 10 (heard 19 April 2011 at New Plymouth)

charge:

facts:

appealdecision:

isappeal:

submissionsfordecision:

reasonsfordecision:

Decision:

RACEDAY JUDICIAL COMMITTEE DECISION
Informant:  J Muirhead – Stipendiary Steward
Defendant:  J Abernethy - Open Horseman
Information No: 69038
Meeting: Taranaki Trotting Club
Date: 17 April 2011 (heard 19 April 2011)
Venue: New Plymouth
Race:  10
Rule:  869 (4) (6) (b) & (6) (c)
Judicial Committee:  I D Smith, Chairman, - N McCutcheon, Committee Member
Plea:  Admitted

CHARGE:
Alleged breach of the Push Out Rule.

EVIDENCE:
Following Race 10 at the Taranaki Harness on 17/4/11 an information was filed by Stipendiary Steward J Muirhead against Open Horseman J Abernethy, in that he improved TOO THE TOP to a 3 wide position, forcing CEE UIN LA (R Jenkins) to race wider on the track with approximately 1200 metres to run.

The hearing was adjourned and reopened on 19/4/11.

RULE:
Rules 869 (4) and (6) (b) and (c) read 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.
(6) Subject to sub-rule (4) hereof:-
(a)…
(b)a horse making a forward movement during any race shall not be forced to race wider on the track;
(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.

The rule was understood by Mr Abernethy who also admitted the breach.

SUBMISSIONS FOR DECISION: 

Mr Muirhead’s evidence was given using the back straight and side video films at the 1200 metres showing Mr Abernethy four deep and one out travelling in front of CEE UIN LA. When moving to a position three wide Mr Abernethy forces Mr Jenkins to four wide and breached the Push Out Rule.

Mr Abernethy indicated to the committee the films confirmed his outward movement and had nothing further to add.

REASONS FOR DECISION:
Mr Abernethy admitted the breach and in accordance with rule 1111 (1) (d) the breach is proved.

DECISION:
The charge is proved.

SUBMISSIONS FOR PENALTY:
Mr Muirhead informed the committee of Mr Abernethy’s very good record, he is a very professional driver and the stewards seek a penalty in the range of $200 as a first offender under this rule.

Mr Abernethy supported a penalty in the range indicated and asked the committee to consider his good record.

REASONS FOR PENALTY:
In reaching a fair penalty the committee have taken into account Mr Abernethy admission of the breach and his very good driving record with no previous misdemeanours under this rule.

The committee in considering the incident to be in the low to mid range and to maintain consistency in regard to previous offences on record a monetary penalty is to be imposed.

PENALTY:
Mr Abernethy is fined $200.

ID Smith            N McCutcheon

Chairman          Committee Member

sumissionsforpenalty:

reasonsforpenalty:

penalty:

hearing_type: Old Hearing

Rules: 869(4)(6)(b) & (6)(c)

Informant:

JockeysandTrainer:

Otherperson:

PersonPresent:

Respondent:

StipendSteward:

raceid:

race_expapproval:

racecancelled:

race_noreport:

race_emailed1:

race_emailed2:

race_title:

submittochair:

race_expappcomment:

race_km:

race_otherexp:

race_chair:

race_pm1:

race_pm2:

meetid:

meet_expapproval:

meet_noreport:

waitingforpublication:

meet_emailed1:

meet_emailed2:

meetdate: no date provided

meet_title:

meet_expappcomment:

meet_km:

meet_otherexp:

tracklocation:

meet_racingtype:

meet_chair:

meet_pm1:

meet_pm2:

name: