Waikato BOP H 18 October 2019 – R 6 – Chair, Mr BJ Scott
ID: JCA10555
Meet Title:
Harness Racing Waikato - 18 October 2019
Meet Chair:
BScott
Meet Committee Member 1:
AGodsalve
Race Date:
2019/10/18
Race Number:
R6
Decision:
The breach is admitted and therefore the charge is proved.
Penalty:
This Committee orders that Mr Schumacher be fined $200.00.
Facts:
Following the running of the GAVELHOUSE.COM ENTRIES DUE NEXT WED MBL TROT 2200m an Information was lodged by Senior Stipendiary Steward Mr S Mulcay against Junior Horseman Mr F Schumacher alleging that as the Driver of AS FREE AS AIR Mr Schumacher shifted his horse outwards from the two wide line passing the 1100 metres mark forcing HAVEHORSEWILLTRAVEL (Driver Mr Z Meredith) wider on the track and this was a breach of the Push Out Rule.
Rule 869(4) provides : No horseman shall during any race do anything which interferes or is likely to intefere with his own horse and/or any other horse or its progress.
Rule 869(6)(b) provides : a horse making a forward movement during any race shall not be forced to race wider on the track.
Rule 869(6)(c) provides : 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 above Rules are collectively referred to as the Push Out Rule.
Mr Schumacher was present at the Hearing and he advised the Committee that he understood the Rule and that he admitted the breach. Mr Ferguson as a Senior Horseman assisted Mr Schumacher throughout the Stewards' Enquiry and also spoke to the Committee pre-hearing. At the Hearing Mr Schumacher advised the Committee that as the breach was admitted he was happy to complete the Hearing without Mr Ferguson.
Mr Mulcay demonstrated the incident by use of the race films. He showed where prior to the 1100 metres mark Mr Schumacher had his horse in the 2 wide line. HAVEHORSEWILLTRAVEL then moved around the field 3 wide and when it came up alongside AS FREE AS AIR Mr Schumacher moved his horse out and this forced HAVEHORSEWILLTRAVEL out 4 wide. Mr Schumacher then contiued on with the movement for some distance. Mr Mulcay also said that Mr Schumacher could have moved back in but he elected not to do so and this was an aggravating feature.
Mr Schumacher said he tried to move out but his horse reacted slowly. He said he tried to get in front of Mr Meredith's horse but it came around too quickly.
In answer to a question from the Committee Mr Schumacher said he didn't try to restrain his horse because she is by a pacing Stallion and she is a little different in her gait and he didn't want to risk her breaking.
Submissions for Penalty:
Mr Mulcay said that Mr Schumacher has a clear record under this Rule. He also said that he is a Junior Driver and is on a limited income.
He further said that the affected horse went on to win the race. He submitted that a fine in the order of $200.00 was appropriate.
Mr Schumacher said that he would rather have a fine than a supension of his Licence because he had a few driving committments coming up and he is in his last season as a Junior Driver.
Reasons for Penalty:
The Committee listened to the parties and reviewed the films. The incident is clearly shown on the race films. Mr Schumacher has admitted the breach but in view of the very clear race films he had no other option.
The aggravating feature was that not only did Mr Schumacher move out in breach of the Push Out Rule but that he continued on with the movement for some distance. We have however taken into account Mr Schumacher's explanation for this. We have also taken into account the fact that Mr Schumacher is a Junior Driver (albeit an experienced one ) and also the fact that the affected horse went on to win the race.
We have reviewed the starting point penalties in the JCA Penalty Guidelines which provide for a 5 drive suspension or a $250.00 fine for a breach of the Push Out Rule.
We have also reviwed the JCA Penalty Schedules which are available to us and which set out previous penalties given under the Rules.
After taking into account the aggravating and mitigating factors (particularly Mr Schumacher's good record under this Rule) we believe that a fine of $200.00 is appropriate.
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: 0180293817b2d1556ca558af2b559691
informantnumber: A9159
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of the Push Out Rule
plea: admitted
penaltyrequired: 1
decisiondate: 21/10/2019
hearing_title: Waikato BOP H 18 October 2019 - R 6 - Chair, Mr BJ Scott
charge:
facts:
Following the running of the GAVELHOUSE.COM ENTRIES DUE NEXT WED MBL TROT 2200m an Information was lodged by Senior Stipendiary Steward Mr S Mulcay against Junior Horseman Mr F Schumacher alleging that as the Driver of AS FREE AS AIR Mr Schumacher shifted his horse outwards from the two wide line passing the 1100 metres mark forcing HAVEHORSEWILLTRAVEL (Driver Mr Z Meredith) wider on the track and this was a breach of the Push Out Rule.
Rule 869(4) provides : No horseman shall during any race do anything which interferes or is likely to intefere with his own horse and/or any other horse or its progress.
Rule 869(6)(b) provides : a horse making a forward movement during any race shall not be forced to race wider on the track.
Rule 869(6)(c) provides : 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 above Rules are collectively referred to as the Push Out Rule.
Mr Schumacher was present at the Hearing and he advised the Committee that he understood the Rule and that he admitted the breach. Mr Ferguson as a Senior Horseman assisted Mr Schumacher throughout the Stewards' Enquiry and also spoke to the Committee pre-hearing. At the Hearing Mr Schumacher advised the Committee that as the breach was admitted he was happy to complete the Hearing without Mr Ferguson.
Mr Mulcay demonstrated the incident by use of the race films. He showed where prior to the 1100 metres mark Mr Schumacher had his horse in the 2 wide line. HAVEHORSEWILLTRAVEL then moved around the field 3 wide and when it came up alongside AS FREE AS AIR Mr Schumacher moved his horse out and this forced HAVEHORSEWILLTRAVEL out 4 wide. Mr Schumacher then contiued on with the movement for some distance. Mr Mulcay also said that Mr Schumacher could have moved back in but he elected not to do so and this was an aggravating feature.
Mr Schumacher said he tried to move out but his horse reacted slowly. He said he tried to get in front of Mr Meredith's horse but it came around too quickly.
In answer to a question from the Committee Mr Schumacher said he didn't try to restrain his horse because she is by a pacing Stallion and she is a little different in her gait and he didn't want to risk her breaking.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The breach is admitted and therefore the charge is proved.
sumissionsforpenalty:
Mr Mulcay said that Mr Schumacher has a clear record under this Rule. He also said that he is a Junior Driver and is on a limited income.
He further said that the affected horse went on to win the race. He submitted that a fine in the order of $200.00 was appropriate.
Mr Schumacher said that he would rather have a fine than a supension of his Licence because he had a few driving committments coming up and he is in his last season as a Junior Driver.
reasonsforpenalty:
The Committee listened to the parties and reviewed the films. The incident is clearly shown on the race films. Mr Schumacher has admitted the breach but in view of the very clear race films he had no other option.
The aggravating feature was that not only did Mr Schumacher move out in breach of the Push Out Rule but that he continued on with the movement for some distance. We have however taken into account Mr Schumacher's explanation for this. We have also taken into account the fact that Mr Schumacher is a Junior Driver (albeit an experienced one ) and also the fact that the affected horse went on to win the race.
We have reviewed the starting point penalties in the JCA Penalty Guidelines which provide for a 5 drive suspension or a $250.00 fine for a breach of the Push Out Rule.
We have also reviwed the JCA Penalty Schedules which are available to us and which set out previous penalties given under the Rules.
After taking into account the aggravating and mitigating factors (particularly Mr Schumacher's good record under this Rule) we believe that a fine of $200.00 is appropriate.
penalty:
This Committee orders that Mr Schumacher be fined $200.00.
hearing_type: Hearing
Rules: Rule 869(4) and Rule 869(6)(b)&(c)
Informant: Mr S Mulcay - Senior Stipendiary Steward
JockeysandTrainer: Mr F Schumacher - Junior Horseman
Otherperson: Mr P Ferguson - Licensed Horseman assisting Mr Schumacher
PersonPresent:
Respondent:
StipendSteward:
raceid: 9ef3892d01a08ac23f9036fc610222a8
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: c1b965aa20faee47d4b15c230f9c1f4e
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 18/10/2019
meet_title: Harness Racing Waikato - 18 October 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: harness-racing-waikato
meet_racingtype: harness-racing
meet_chair: BScott
meet_pm1: AGodsalve
meet_pm2: none
name: Harness Racing Waikato