Waikato BOP HI 7 June 2018 – R 6 – Chair, Mr A Dooley
ID: JCA14364
Meet Title:
Harness Racing Waikato - 7 June 2018
Meet Chair:
ADooley
Meet Committee Member 1:
AGodsalve
Race Date:
2018/06/07
Race Number:
R6
Decision:
As Mr Martin admitted the breach the Committee found the charge to be proved.
Penalty:
Accordingly, Mr Martin was fined $400.
Facts:
Following the running of Race 6, CMYK – Create Magic You Keep Handicap Trot, an Information was filed pursuant to Rule 869(4)(6)(b)(c). The Informant Mr Mulcay alleged that Open Horseman, Mr Martin, breached the Push out Rule in that he improved DANKE outward from the running line passing the 1100 metres forcing PRIMUS INTER PARES (S Phelan) to race wider on the track.
Rule 869(4) & (6)(b)(c) provides:
(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:-
(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 Martin acknowledged that he admitted the breach and confirmed that he understood the Rule.
Mr Mulcay demonstrated the incident using the available video films. He identified that DANKE was racing 3 back on the marker line passing the 1100 metres when Mr Martin improved his horse outward from the running line. He said in doing so this forced PRIMUS INTER PARES to race wider on the track.
Mr Martin said he thought he had reached the 1000 metre mark when improving his position. He said that he was about 80 metres too early in pushing out PRIMUS INTER PARES.
Submissions for Penalty:
Mr Mulcay said that Mr Martin had breached this Rule at Manawatu Harness on 22nd of May this year and incurred a $200 fine. He said the JCA Penalty Guide has no starting point for a second offence under this Rule. He submitted that the Committee should consider a $500 fine as the starting point for this breach or a 10 drive suspension. He said the aggravating fact was Mr Martin has had only 4 drives since his last breach of this Rule. He added in mitigation Mr Martin admitted the breach and cooperated with the Stewards.
Mr Martin confirmed that he incurred a $200 fine on the 22nd of May 2018 and he believed that an increase of double that amount would be appropriate for his second breach.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented.
The JCA Penalty Guide starting point for a first offence is a $250 fine or 5 drives suspension but there is no reference to a second breach of this Rule.
When reviewing the films it was obvious that Mr Martin pushed out approximately 100 metres too early and this was a clear breach of the Push out Rule. As a result this interfered with the progress of PRIMUS INTER PARES which was forced wider on the track.
This was Mr Martin’s second breach within 4 race day drives and a significant aggravating fact that warrants an uplift in penalty.
The only mitigating fact was Mr Martin's admission of the breach which was unsurprising given the compelling video films.
After taking into account all the above factors the Committee considered that a $400 fine would be an appropriate penalty.
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: 7aabf2dfa36f6358e916ef599a77810d
informantnumber: A10571
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Push out Rule
plea: admitted
penaltyrequired: 1
decisiondate: 08/06/2018
hearing_title: Waikato BOP HI 7 June 2018 - R 6 - Chair, Mr A Dooley
charge:
facts:
Following the running of Race 6, CMYK – Create Magic You Keep Handicap Trot, an Information was filed pursuant to Rule 869(4)(6)(b)(c). The Informant Mr Mulcay alleged that Open Horseman, Mr Martin, breached the Push out Rule in that he improved DANKE outward from the running line passing the 1100 metres forcing PRIMUS INTER PARES (S Phelan) to race wider on the track.
Rule 869(4) & (6)(b)(c) provides:
(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:-
(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 Martin acknowledged that he admitted the breach and confirmed that he understood the Rule.
Mr Mulcay demonstrated the incident using the available video films. He identified that DANKE was racing 3 back on the marker line passing the 1100 metres when Mr Martin improved his horse outward from the running line. He said in doing so this forced PRIMUS INTER PARES to race wider on the track.
Mr Martin said he thought he had reached the 1000 metre mark when improving his position. He said that he was about 80 metres too early in pushing out PRIMUS INTER PARES.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Martin admitted the breach the Committee found the charge to be proved.
sumissionsforpenalty:
Mr Mulcay said that Mr Martin had breached this Rule at Manawatu Harness on 22nd of May this year and incurred a $200 fine. He said the JCA Penalty Guide has no starting point for a second offence under this Rule. He submitted that the Committee should consider a $500 fine as the starting point for this breach or a 10 drive suspension. He said the aggravating fact was Mr Martin has had only 4 drives since his last breach of this Rule. He added in mitigation Mr Martin admitted the breach and cooperated with the Stewards.
Mr Martin confirmed that he incurred a $200 fine on the 22nd of May 2018 and he believed that an increase of double that amount would be appropriate for his second breach.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented.
The JCA Penalty Guide starting point for a first offence is a $250 fine or 5 drives suspension but there is no reference to a second breach of this Rule.
When reviewing the films it was obvious that Mr Martin pushed out approximately 100 metres too early and this was a clear breach of the Push out Rule. As a result this interfered with the progress of PRIMUS INTER PARES which was forced wider on the track.
This was Mr Martin’s second breach within 4 race day drives and a significant aggravating fact that warrants an uplift in penalty.
The only mitigating fact was Mr Martin's admission of the breach which was unsurprising given the compelling video films.
After taking into account all the above factors the Committee considered that a $400 fine would be an appropriate penalty.
penalty:
Accordingly, Mr Martin was fined $400.
hearing_type: Hearing
Rules: 869(4),(6)(b)(c)
Informant: Mr S Mulcay - Senior Stipendiary Steward
JockeysandTrainer: Mr G Martin - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 1d0b6596fc1fb983d7533956bd5ef510
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: 9c207070a5fcb4d48e7af4fbf9f17337
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 07/06/2018
meet_title: Harness Racing Waikato - 7 June 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: harness-racing-waikato
meet_racingtype: harness-racing
meet_chair: ADooley
meet_pm1: AGodsalve
meet_pm2: none
name: Harness Racing Waikato