Timaru HRC 18 January 2017 – R 7 – Chair, Mr P Knowles
ID: JCA16617
Meet Title:
Timaru HRC - 18 January 2017
Meet Chair:
PKnowles
Race Date:
2017/01/18
Race Number:
R2
Decision:
The breach is found proved.
Penalty:
Mr Anderson is fined $200.
Facts:
Following the running of race 7 the MORRISON’S SADDLERY & FEED MOBILE PACE, Stewards lodged an Information alleging that Mr M Anderson “…near the 1300m shifted outwards causing 'Quite Ideal' (S Tomlinson) to be pushed wide when improving on the outside.”
Rules 869 (4), (6) (b) & (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) “Subject to sub-rule (4) hereof:-
(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.”
Mr Anderson denied the charge and attended the hearing with the assistance of Mr Butt.
Mr Renault with the aid of the video replays stated that Mr Anderson (Kayteeoh Denario) was one-out three-back approaching the 1300m. Miss Tomlinson was further back and improving her position in the three wide line. Mr Anderson was observed to shift outwards to the three-wide line when Miss Tomlinson was improving outside his sulky wheel resulting in Miss Tomlinson being forced four wide.
Submissions for Decision:
Miss Tomlinson stated she was in the three-wide line and going forward. She believed she was outside Mr Anderson’s wheel when he came out. As a result she was forced to go four wide. When questioned by Mr Butt she stated she felt she was keeping up and was improving.
Mr Anderson stated he had looked to his outside three/four times to check he was clear before shifting out. He always felt he was ahead of Miss Tomlinson throughout.
Mr Butt stated that Mr Anderson was already moving out when Miss Tomlinson came up on his outside and there was sufficient room to make the manoeuvre.
In summary Mr Renault stated that Miss Tomlinson was pushed out. She was outside Mr Anderson when he came out and as a result was forced wide.it was only after Mr Anderson was out that Miss Tomlinson was forced wider.
Mr Anderson said he checked several times before making his move outwards. He believed that he had room to manoeuvre outwards with safety and was clear of Miss Tomlinson.
Reasons for Decision:
Mr Anderson was charged with a breach of the Push Out Rule which he denied. After viewing the films and hearing from the Stewards, Miss Tomlinson and Mr Anderson, the breach of the Rule hinges on whether or not Mr Anderson was already committed to shifting outwards before Miss Tomlinson improved on his outside wheel. Miss Tomlinson wasn’t keeping up as the field moved into the home straight and was several lengths back. Mr Anderson was one-out three-back and looking to shift outwards. However, to shift outwards he had to restrain his horse and wait for the three-wide line to move forward. It’s clear that Miss Tomlinson was outside his wheel and moving forward when Mr Anderson continued outwards. This forced Miss Tomlinson four wide.
Submissions for Penalty:
Mr Renault submitted that Mr Anderson had driven 52 times this season and 136 times last season. He had a clear record under this rule. Mr Anderson had denied the charge and he sought a fine of $250.
Mr Anderson stated he would prefer a fine at the lower end of the scale.
Reasons for Penalty:
The JCA Penalty Guide recommends a starting point of $250 or a five drive suspension. Mr Renault submitted a fine of $250 and that no credit should be given for the not guilty plea. Mr Anderson has a clear record under this rule. Mr Anderson submitted a fine at the lower end of the scale.
After hearing penalty submissions the breach can be dealt with by way of a fine. We take a starting point of $250. Given the difficult driving conditions on the day (weather) and the circumstances surrounding the breach of the rule there is no uplift for any aggravating features. Mr Anderson chose to defend the charge and is not penalised further for doing so, despite the submissions of Mr Renault. Credit is given for his clear record under the rule.
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: cd2befd0cfad03a94cd8866bdab9bee8
informantnumber: A6271
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: 869 (4) (6) (b) (c)
plea: denied
penaltyrequired: 1
decisiondate: 22/01/2017
hearing_title: Timaru HRC 18 January 2017 - R 7 - Chair, Mr P Knowles
charge:
facts:
Following the running of race 7 the MORRISON’S SADDLERY & FEED MOBILE PACE, Stewards lodged an Information alleging that Mr M Anderson “…near the 1300m shifted outwards causing 'Quite Ideal' (S Tomlinson) to be pushed wide when improving on the outside.”
Rules 869 (4), (6) (b) & (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) “Subject to sub-rule (4) hereof:-
(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.”
Mr Anderson denied the charge and attended the hearing with the assistance of Mr Butt.
Mr Renault with the aid of the video replays stated that Mr Anderson (Kayteeoh Denario) was one-out three-back approaching the 1300m. Miss Tomlinson was further back and improving her position in the three wide line. Mr Anderson was observed to shift outwards to the three-wide line when Miss Tomlinson was improving outside his sulky wheel resulting in Miss Tomlinson being forced four wide.
appealdecision:
isappeal:
submissionsfordecision:
Miss Tomlinson stated she was in the three-wide line and going forward. She believed she was outside Mr Anderson’s wheel when he came out. As a result she was forced to go four wide. When questioned by Mr Butt she stated she felt she was keeping up and was improving.
Mr Anderson stated he had looked to his outside three/four times to check he was clear before shifting out. He always felt he was ahead of Miss Tomlinson throughout.
Mr Butt stated that Mr Anderson was already moving out when Miss Tomlinson came up on his outside and there was sufficient room to make the manoeuvre.
In summary Mr Renault stated that Miss Tomlinson was pushed out. She was outside Mr Anderson when he came out and as a result was forced wide.it was only after Mr Anderson was out that Miss Tomlinson was forced wider.
Mr Anderson said he checked several times before making his move outwards. He believed that he had room to manoeuvre outwards with safety and was clear of Miss Tomlinson.
reasonsfordecision:
Mr Anderson was charged with a breach of the Push Out Rule which he denied. After viewing the films and hearing from the Stewards, Miss Tomlinson and Mr Anderson, the breach of the Rule hinges on whether or not Mr Anderson was already committed to shifting outwards before Miss Tomlinson improved on his outside wheel. Miss Tomlinson wasn’t keeping up as the field moved into the home straight and was several lengths back. Mr Anderson was one-out three-back and looking to shift outwards. However, to shift outwards he had to restrain his horse and wait for the three-wide line to move forward. It’s clear that Miss Tomlinson was outside his wheel and moving forward when Mr Anderson continued outwards. This forced Miss Tomlinson four wide.
Decision:
The breach is found proved.
sumissionsforpenalty:
Mr Renault submitted that Mr Anderson had driven 52 times this season and 136 times last season. He had a clear record under this rule. Mr Anderson had denied the charge and he sought a fine of $250.
Mr Anderson stated he would prefer a fine at the lower end of the scale.
reasonsforpenalty:
The JCA Penalty Guide recommends a starting point of $250 or a five drive suspension. Mr Renault submitted a fine of $250 and that no credit should be given for the not guilty plea. Mr Anderson has a clear record under this rule. Mr Anderson submitted a fine at the lower end of the scale.
After hearing penalty submissions the breach can be dealt with by way of a fine. We take a starting point of $250. Given the difficult driving conditions on the day (weather) and the circumstances surrounding the breach of the rule there is no uplift for any aggravating features. Mr Anderson chose to defend the charge and is not penalised further for doing so, despite the submissions of Mr Renault. Credit is given for his clear record under the rule.
penalty:
Mr Anderson is fined $200.
hearing_type: Hearing
Rules: Push Out Rule
Informant: Mr SP Renault – Stipendiary Steward
JockeysandTrainer: Mr M Anderson - Junior Horseman
Otherperson: Miss S Tomlinson - Junior Horsewoman, Mr B Butt - Senior Horseman assisting Mr Anderson
PersonPresent:
Respondent:
StipendSteward:
raceid: 839414adc4993d034fe1b5988a82ce2d
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 41c9dc0995cd044ece21a7d879eda9b4
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 18/01/2017
meet_title: Timaru HRC - 18 January 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: timaru-hrc
meet_racingtype: harness-racing
meet_chair: PKnowles
meet_pm1: none
meet_pm2: none
name: Timaru HRC