Archive Decision

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Westport TC 26 December 2010 – R 7

ID: JCA16138

Applicant:
Mrs KR Williams Stipendiary Steward

Respondent(s):
Mr CJ Markham Licensed Trainer

Information Number:
69320

Hearing Type:
Hearing

Rules:
849(2)

Plea:
admitted

Meet Title:
Westport TC - 26 December 2010

Meet Chair:
JPhelan

Meet Committee Member 1:
SChing

Race Date:
2010/12/26

Race Number:
R 4

Decision:

As Mr Rogers had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).

Penalty:

We then advised the hearing that Mr Rogers was fined the sum of $200-00.

Charge:

Following the running of Race 7, the Platinum Homes Pace, an Information was filed by Stipendiary Steward Mrs K. R. Williams against Open Horseman Mr J. M. Rogers alleging a breach of Rule 869(4), (6)(b) and (c), the “push out” Rule.

The charge reads as follows.

“I the above named informant allege that the above named Defendant committed a breach of Rule 869(4), (6)(b) and (c) in that J. Rogers shifted Calais A Flyin wider on the track with approx. 1300m to run – a breach of the push out rule.”

Rules 869(4), (6)(b) and (c) relating to the “push out” rule reads as follows.

“(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:-
(a)….
(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.”

Facts:

Mr Rogers had indicated on the Information that this breach of the Rules was admitted, and also that he did not wish to attend the hearing.

Mrs Williams gave evidence and used video coverage to show this incident as described on the Information.

Submissions for Penalty:

In relation to penalty Mrs Williams advised that Mr Rogers had no previous convictions for a breach of this Rule, and as it was admitted she submitted that a fine of $200-00 should be imposed.

Reasons for Penalty:

In considering the matter of an appropriate penalty we took into account that Mr Rogers had admitted the breach and also that he had no previous relevant convictions. On looking at the Penalty Guide and penalties imposed for similar breaches we decided that a fine of $200-00 should be imposed in this case.

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: c1c6375aca33fc496629c60002e9a7bf


informantnumber: 69320


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 31/12/2010


hearing_title: Westport TC 26 December 2010 - R 7


charge:

Following the running of Race 7, the Platinum Homes Pace, an Information was filed by Stipendiary Steward Mrs K. R. Williams against Open Horseman Mr J. M. Rogers alleging a breach of Rule 869(4), (6)(b) and (c), the “push out” Rule.

The charge reads as follows.

“I the above named informant allege that the above named Defendant committed a breach of Rule 869(4), (6)(b) and (c) in that J. Rogers shifted Calais A Flyin wider on the track with approx. 1300m to run – a breach of the push out rule.”

Rules 869(4), (6)(b) and (c) relating to the “push out” rule reads as follows.

“(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:-
(a)….
(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.”


facts:

Mr Rogers had indicated on the Information that this breach of the Rules was admitted, and also that he did not wish to attend the hearing.

Mrs Williams gave evidence and used video coverage to show this incident as described on the Information.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Rogers had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).


sumissionsforpenalty:

In relation to penalty Mrs Williams advised that Mr Rogers had no previous convictions for a breach of this Rule, and as it was admitted she submitted that a fine of $200-00 should be imposed.


reasonsforpenalty:

In considering the matter of an appropriate penalty we took into account that Mr Rogers had admitted the breach and also that he had no previous relevant convictions. On looking at the Penalty Guide and penalties imposed for similar breaches we decided that a fine of $200-00 should be imposed in this case.


penalty:

We then advised the hearing that Mr Rogers was fined the sum of $200-00.


hearing_type: Hearing


Rules: 849(2)


Informant: Mrs KR Williams Stipendiary Steward


JockeysandTrainer: Mr CJ Markham Licensed Trainer


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 3e7419310dd9d5ae8fb73907c71154e1


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 4


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: ae5d3e971af2a0c47232347a635913c8


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 26/12/2010


meet_title: Westport TC - 26 December 2010


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: westport-tc


meet_racingtype: harness-racing


meet_chair: JPhelan


meet_pm1: SChing


meet_pm2: none


name: Westport TC