Archive Decision

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Timaru HRC 23 February 2014 – R 8

ID: JCA11770

Applicant:
S W Wallis, Stipendiary Steward

Respondent(s):
R D Close, Licensed Junior Driver

Other Person:
M J Williamson, Licensed Open Driver

Information Number:
A1769

Hearing Type:
Hearing

New Charge:
Breach of Push Out Rule

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

Plea:
admitted

Meet Title:
Timaru HRC - 23 February 2014

Meet Chair:
RMcKenzie

Meet Committee Member 1:
KHales

Race Date:
2014/02/23

Race Number:
R8

Decision:

Mr Close having admitted the charge, the charge was found proved.  

Penalty:

Mr Close was fined the sum of $200. 

Facts:

Following the running of Race 8, Property Brokers Handicap Pace, an information was filed by Stipendiary Steward, Mr S W Wallis, against Licensed Junior Driver, Mr R D Close, alleging that Mr Close, as the driver of CANDY STYX in the race, “forced JEANS MATTJESTY (G D O’Reilly) wider on the track prior to the 1,000 metres”.

Mr Close was present at the hearing of the information and he indicated that he admitted the breach. He was assisted at the hearing by Licensed Open Driver, Mr M J Williamson.

Rule 869 provides as follows:

(4) No horseman shall during any race do anything which interferes with or is likely to interfere with his own horse and/or any other horse or 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.

(7) Sub-rule (6) (b) & (c) of this Rule shall apply until 1000 metres from the finish of the race.

Mr Wallis showed a video replay of the race as the field left the home straight for the final time, between the 1200 metres and the 1000 metres. He pointed out WOODLEA LEGEND (D J Dunn) racing 3-wide at the rear of the field at that point. On Mr Dunn’s inside was JEANS MATTJESTY (G D O’Reilly) who was following CANDY STYX, driven by Mr Close.

Mr Dunn was progressing forward 3-wide and Mr O’Reilly was attempting to get on the back of Mr Dunn and was going forward, Mr Wallis said. He said the nose of Mr O’Reilly’s horse was, clearly, past the sulky wheel of CANDY STYX and progressing forward. Mr Close then shifted out and moved Mr O’Reilly wider on the track to the 4-wide line. This was approximately 30 to 40 metres prior to the 1000 metres.

Mr Close said that he accepted that he had pushed out Mr O’Reilly before the 1000 metres. His explanation was that he thought that he had passed the 1000 metres. Mr Williamson submitted that Mr Close was, probably, looking to his outside rather than to his inside to see where the 1000 metres was.

Submissions for Penalty:

Mr Wallis said that Mr Close was to be commended for the professionalism that he had shown to the Stewards in relation to the breach. He had admitted the breach as soon as he had viewed the video replays of the incident, Mr Wallis said.

Mr Wallis said that Mr Close is a very busy Junior Driver. In the current season to date, he has had 119 drives and, in the 2012/2013 season, he had a total of 247 drives. He has a clear record under the Rule. Mr Wallis said that, having regard to Mr Close’s admission of the breach, his good record and his Junior Driver status, a fine of $200 was appropriate.

Reasons for Penalty:

In deciding penalty, the Committee had regard to the starting point of $250 for a breach of the Rule, as provided in the Penalty Guide. Mitigating factors were Mr Close’s admission of the breach (although somewhat inevitable), his good record, his Junior Driver status and the fact that the push out occurred just prior to the 1000 metres. 

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: 263813d2e43319a9fb8d695e4e29b2b5


informantnumber: A1769


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Breach of Push Out Rule


plea: admitted


penaltyrequired: 1


decisiondate: 23/02/2014


hearing_title: Timaru HRC 23 February 2014 - R 8


charge:


facts:

Following the running of Race 8, Property Brokers Handicap Pace, an information was filed by Stipendiary Steward, Mr S W Wallis, against Licensed Junior Driver, Mr R D Close, alleging that Mr Close, as the driver of CANDY STYX in the race, “forced JEANS MATTJESTY (G D O’Reilly) wider on the track prior to the 1,000 metres”.

Mr Close was present at the hearing of the information and he indicated that he admitted the breach. He was assisted at the hearing by Licensed Open Driver, Mr M J Williamson.

Rule 869 provides as follows:

(4) No horseman shall during any race do anything which interferes with or is likely to interfere with his own horse and/or any other horse or 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.

(7) Sub-rule (6) (b) & (c) of this Rule shall apply until 1000 metres from the finish of the race.

Mr Wallis showed a video replay of the race as the field left the home straight for the final time, between the 1200 metres and the 1000 metres. He pointed out WOODLEA LEGEND (D J Dunn) racing 3-wide at the rear of the field at that point. On Mr Dunn’s inside was JEANS MATTJESTY (G D O’Reilly) who was following CANDY STYX, driven by Mr Close.

Mr Dunn was progressing forward 3-wide and Mr O’Reilly was attempting to get on the back of Mr Dunn and was going forward, Mr Wallis said. He said the nose of Mr O’Reilly’s horse was, clearly, past the sulky wheel of CANDY STYX and progressing forward. Mr Close then shifted out and moved Mr O’Reilly wider on the track to the 4-wide line. This was approximately 30 to 40 metres prior to the 1000 metres.

Mr Close said that he accepted that he had pushed out Mr O’Reilly before the 1000 metres. His explanation was that he thought that he had passed the 1000 metres. Mr Williamson submitted that Mr Close was, probably, looking to his outside rather than to his inside to see where the 1000 metres was.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr Close having admitted the charge, the charge was found proved.  


sumissionsforpenalty:

Mr Wallis said that Mr Close was to be commended for the professionalism that he had shown to the Stewards in relation to the breach. He had admitted the breach as soon as he had viewed the video replays of the incident, Mr Wallis said.

Mr Wallis said that Mr Close is a very busy Junior Driver. In the current season to date, he has had 119 drives and, in the 2012/2013 season, he had a total of 247 drives. He has a clear record under the Rule. Mr Wallis said that, having regard to Mr Close’s admission of the breach, his good record and his Junior Driver status, a fine of $200 was appropriate.


reasonsforpenalty:

In deciding penalty, the Committee had regard to the starting point of $250 for a breach of the Rule, as provided in the Penalty Guide. Mitigating factors were Mr Close’s admission of the breach (although somewhat inevitable), his good record, his Junior Driver status and the fact that the push out occurred just prior to the 1000 metres. 


penalty:

Mr Close was fined the sum of $200. 


hearing_type: Hearing


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


Informant: S W Wallis, Stipendiary Steward


JockeysandTrainer: R D Close, Licensed Junior Driver


Otherperson: M J Williamson, Licensed Open Driver


PersonPresent:


Respondent:


StipendSteward:


raceid: cd44668fcb9cfd04b1ae631a14755e6f


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R8


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 5a2770724b1e1c12cd332e1ee785e8c0


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 23/02/2014


meet_title: Timaru HRC - 23 February 2014


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: timaru-hrc


meet_racingtype: harness-racing


meet_chair: RMcKenzie


meet_pm1: KHales


meet_pm2: none


name: Timaru HRC