Waikouaiti HRC 9 February 2014 – R 3
ID: JCA14678
Meet Title:
Waikouaiti HRC - 9 February 2014
Meet Chair:
GHall
Meet Committee Member 1:
DSteel
Meet Committee Member 2:
DJackson
Race Date:
2014/02/09
Race Number:
R3
Decision:
We find the charge proved.
Penalty:
Ms Healy is suspended from the end of racing today up to and including 21 February. This is three Canterbury days: viz 14 February, Banks Peninsula; 15 February, New Zealand Metro; 21 February, Hororata.
Facts:
Mr Allison demonstrated on the videos that as the horses left the bend entering the back straight at about the 1200 metre mark Ms Healy who was racing on the rail in second last position moved two wide, and in so doing pushed Mr Williamson three wide on the track. He demonstrated that the nose of Mr Williamson’s horse was up past the sulky wheel of Ms Healy when she came out. This, he said, was a clear breach of the “push out” rule.
Submissions for Decision:
Mr Williamson gave evidence that at about the 1200 metres he made ground 2 wide from the rear. As he was up outside the rump of Ms Healy’s horse, she shifted out into the two wide position forcing him three wide. He said “3 into 2 does not go” so he pressed on three wide. He explained he yelled out to Ms Healy but she was unable to shift back in as the space she had formerly occupied on the rail had been taken by Mr Ferguson. He reiterated his intention was to improve two wide and he had to race three wide because of Ms Healy’s outwards movement.
Ms Healy stated she had hesitated before moving out. She had not seen Mr Williamson and did not believe he was outside her cart when she came out. She alleged he was three wide before she came out. She said she heard Mr Williamson yell not to come out but when she went to move back down Mr Ferguson was there. She said she could have pushed Mr Ferguson back down but elected not to do so as Mr Williamson was pushing on three wide.
In summing up Mr Allison said only one person had shifted wider on the track and that was the respondent. He added Mr Williamson had stated that he pressed on three wide because if he had tried to race two wide he would have carved up the horses on his inner.
Ms Healy reiterated there was no horse outside her when she shifted out and Mr Williamson had raced three wide voluntarily.
Reasons for Decision:
We are satisfied that Ms Healy has shifted wider on the track at the time the head of Mr Williamson’s horse was up past her cart. Mr Williamson had made ground two wide fairly quickly and she was unaware of this fact. We accept that Ms Healy was unable to shift back down once Mr Williamson called out to her as Mr Ferguson had taken the space she had vacated. He was fully entitled to do so under the Rules of Harness Racing. As she said herself, she hesitated before shifting wider on the track and it is this that has led to her being in breach of the rule.
Submissions for Penalty:
Mr Allison produced Ms Healy’s record, which was clear under this rule. She has had 326 drives, including ten this season. Mr Allison described the breach as low end and submitted a fine at the lower end of the scale was appropriate.
Ms Healy asked us to consider the imposition of a period of suspension. She said there were three horses that she drove currently. Mr Allison responded that a two-day suspension was appropriate.
Reasons for Penalty:
We agree the breach is at the lower end of the range but Mr Williamson has been forced to race three wide when his intention was to be in the two wide line. Having regard to the respondent’s excellent record and the fact that there are only three horses that she drives at meetings, we believe in order to hold Ms Healy accountable a three-day suspension is the 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: 7013a02baa11001d70e9d70dd9b24e37
informantnumber: 1712
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: push out rule
plea: denied
penaltyrequired: 1
decisiondate: 10/02/2014
hearing_title: Waikouaiti HRC 9 February 2014 - R 3
charge:
facts:
Mr Allison demonstrated on the videos that as the horses left the bend entering the back straight at about the 1200 metre mark Ms Healy who was racing on the rail in second last position moved two wide, and in so doing pushed Mr Williamson three wide on the track. He demonstrated that the nose of Mr Williamson’s horse was up past the sulky wheel of Ms Healy when she came out. This, he said, was a clear breach of the “push out” rule.
appealdecision:
isappeal:
submissionsfordecision:
Mr Williamson gave evidence that at about the 1200 metres he made ground 2 wide from the rear. As he was up outside the rump of Ms Healy’s horse, she shifted out into the two wide position forcing him three wide. He said “3 into 2 does not go” so he pressed on three wide. He explained he yelled out to Ms Healy but she was unable to shift back in as the space she had formerly occupied on the rail had been taken by Mr Ferguson. He reiterated his intention was to improve two wide and he had to race three wide because of Ms Healy’s outwards movement.
Ms Healy stated she had hesitated before moving out. She had not seen Mr Williamson and did not believe he was outside her cart when she came out. She alleged he was three wide before she came out. She said she heard Mr Williamson yell not to come out but when she went to move back down Mr Ferguson was there. She said she could have pushed Mr Ferguson back down but elected not to do so as Mr Williamson was pushing on three wide.
In summing up Mr Allison said only one person had shifted wider on the track and that was the respondent. He added Mr Williamson had stated that he pressed on three wide because if he had tried to race two wide he would have carved up the horses on his inner.
Ms Healy reiterated there was no horse outside her when she shifted out and Mr Williamson had raced three wide voluntarily.
reasonsfordecision:
We are satisfied that Ms Healy has shifted wider on the track at the time the head of Mr Williamson’s horse was up past her cart. Mr Williamson had made ground two wide fairly quickly and she was unaware of this fact. We accept that Ms Healy was unable to shift back down once Mr Williamson called out to her as Mr Ferguson had taken the space she had vacated. He was fully entitled to do so under the Rules of Harness Racing. As she said herself, she hesitated before shifting wider on the track and it is this that has led to her being in breach of the rule.
Decision:
We find the charge proved.
sumissionsforpenalty:
Mr Allison produced Ms Healy’s record, which was clear under this rule. She has had 326 drives, including ten this season. Mr Allison described the breach as low end and submitted a fine at the lower end of the scale was appropriate.
Ms Healy asked us to consider the imposition of a period of suspension. She said there were three horses that she drove currently. Mr Allison responded that a two-day suspension was appropriate.
reasonsforpenalty:
We agree the breach is at the lower end of the range but Mr Williamson has been forced to race three wide when his intention was to be in the two wide line. Having regard to the respondent’s excellent record and the fact that there are only three horses that she drives at meetings, we believe in order to hold Ms Healy accountable a three-day suspension is the appropriate penalty.
penalty:
Ms Healy is suspended from the end of racing today up to and including 21 February. This is three Canterbury days: viz 14 February, Banks Peninsula; 15 February, New Zealand Metro; 21 February, Hororata.
hearing_type: Hearing
Rules: R 869(6)(b) and (c), Rule 869(6) provides:, (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.
Informant: Mr Allison Stipendiary Steward
JockeysandTrainer: Ms T Healy, licensed horsewoman
Otherperson: Mr M Williamson, licensed horseman, witness for the informant
PersonPresent:
Respondent:
StipendSteward:
raceid: 0068a46c8b584363705f253680ecca95
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 10520091c508b58a35f001f51d67d88b
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 09/02/2014
meet_title: Waikouaiti HRC - 9 February 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: waikouaiti-hrc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: DSteel
meet_pm2: DJackson
name: Waikouaiti HRC