Westport TC 26 December 2016 – R 7 – Chair, Mr S Ching
ID: JCA15757
Meet Title:
Westport TC - 26 December 2016
Meet Chair:
SChing
Meet Committee Member 1:
DAnderson
Race Date:
2016/12/26
Race Number:
R7
Decision:
As Miss Ottley had admitted the breach, the charge was therefore found proved.
Penalty:
Accordingly, Miss Ottley was fined the sum of $300.
Facts:
Following the running of Race 7, the Pulse Energy Westport Cup, an Information was filed by Stipendiary Steward, Mr S Wallis against Licensed Open Horsewoman, Miss S Ottley, alleging a breach of Rule 869(4) and the Home Straight Regulations in that she failed to maintain a straight course in the run home.
Rule 869(4)) 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.
Home Straight Regulations as follows:
7. Except where a horseman is making a move pursuant to Rule 869(7) and subject to the proceeding provisions of this regulation where applicable, every horse shall upon entering the straight prior to the finish line maintain as straight a course as possible to the finish line.
Miss Ottley had indicated on the Information that this breach of the Rules was admitted and she confirmed this at the hearing. Miss Ottley also agreed that she understood the charge and the Rule it was brought under.
Mr Wallis gave evidence and used video coverage to show Miss Ottley, when driving JOHNNY EYRE, was the lead horse entering the home straight. He said that JOHNNY EYRE was approximately one horse width off the pylons at the entrance to the straight but thereafter continued on shifting up the track at least 3 to 4 horse widths. Mr Wallis stated that near the 50m, JOHNNY EYRE, baulked after spotting BUSTER BRADY, improving on its outer. BUSTER BRADY was slightly inconvenienced after JOHNNY EYRE baulked at him. He said the reason Miss Ottley was being charged was that she had not tried to correct the horses outward movement in the run home as required under the Home Straight Regulations.
Miss Ottley stated that it was clear that JOHNNY EYRE had run up the track in the run home but she did not think that it had affected any other horse’s chances. She said that BUSTER BRADY had been inconvenienced but had finished ahead of her anyway.
Submissions for Penalty:
Mr Wallis informed the Committee that Miss Ottley had a clear record in regard to the Rule and Regulation. He stated that Miss Ottley had driven on 410 occasions last season with 188 drives this season to date. Mr Wallis stated that Miss Ottley had been spoken to advisedly by the Stewards at the Riverton Harness meeting on 29 October in regard to this regulation. Mr Wallis stated the breach was at the mid to high level due to Miss Ottley making no effort to keep the horse on a true line and straightened JOHNNY EYRE when it baulked at BUSTER BRADY. He stated that the JCA Penalty Guide recommends a starting point of a 6-drive suspension or a $300 fine for a breach of this rule. Mr Wallis quoted a recent breach of this rule with similar circumstances at Forbury Park, where the driver was fined the sum of $300. He submitted that a fine of $300 be considered as penalty in this case.
Miss Ottley made no submissions in regard to penalty.
Reasons for Penalty:
Taking into consideration the JCA Penalty Guide starting point of $300 for a breach of this Rule, the Committee determined that an uplift of $100 was required for the aggravating factor being the distance that Miss Ottley had allowed JOHNNY EYRE shift out in the home straight with the level of the breach, we determined, as being mid to high. We were however able to afford Miss Ottley a combined discount of $100 for her clear record and ready admission of the breach. The Committee also took into consideration the previous breach at Forbury where the driver was fined $300 in similar circumstances and for the sake of consistency determined that a fine of $300 was 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: cc903cb5ef8fa9d37fc1a53912d3343c
informantnumber: A8438
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Interference and Home Straight Regulations
plea: admitted
penaltyrequired: 1
decisiondate: 28/12/2016
hearing_title: Westport TC 26 December 2016 - R 7 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 7, the Pulse Energy Westport Cup, an Information was filed by Stipendiary Steward, Mr S Wallis against Licensed Open Horsewoman, Miss S Ottley, alleging a breach of Rule 869(4) and the Home Straight Regulations in that she failed to maintain a straight course in the run home.
Rule 869(4)) 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.
Home Straight Regulations as follows:
7. Except where a horseman is making a move pursuant to Rule 869(7) and subject to the proceeding provisions of this regulation where applicable, every horse shall upon entering the straight prior to the finish line maintain as straight a course as possible to the finish line.
Miss Ottley had indicated on the Information that this breach of the Rules was admitted and she confirmed this at the hearing. Miss Ottley also agreed that she understood the charge and the Rule it was brought under.
Mr Wallis gave evidence and used video coverage to show Miss Ottley, when driving JOHNNY EYRE, was the lead horse entering the home straight. He said that JOHNNY EYRE was approximately one horse width off the pylons at the entrance to the straight but thereafter continued on shifting up the track at least 3 to 4 horse widths. Mr Wallis stated that near the 50m, JOHNNY EYRE, baulked after spotting BUSTER BRADY, improving on its outer. BUSTER BRADY was slightly inconvenienced after JOHNNY EYRE baulked at him. He said the reason Miss Ottley was being charged was that she had not tried to correct the horses outward movement in the run home as required under the Home Straight Regulations.
Miss Ottley stated that it was clear that JOHNNY EYRE had run up the track in the run home but she did not think that it had affected any other horse’s chances. She said that BUSTER BRADY had been inconvenienced but had finished ahead of her anyway.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Miss Ottley had admitted the breach, the charge was therefore found proved.
sumissionsforpenalty:
Mr Wallis informed the Committee that Miss Ottley had a clear record in regard to the Rule and Regulation. He stated that Miss Ottley had driven on 410 occasions last season with 188 drives this season to date. Mr Wallis stated that Miss Ottley had been spoken to advisedly by the Stewards at the Riverton Harness meeting on 29 October in regard to this regulation. Mr Wallis stated the breach was at the mid to high level due to Miss Ottley making no effort to keep the horse on a true line and straightened JOHNNY EYRE when it baulked at BUSTER BRADY. He stated that the JCA Penalty Guide recommends a starting point of a 6-drive suspension or a $300 fine for a breach of this rule. Mr Wallis quoted a recent breach of this rule with similar circumstances at Forbury Park, where the driver was fined the sum of $300. He submitted that a fine of $300 be considered as penalty in this case.
Miss Ottley made no submissions in regard to penalty.
reasonsforpenalty:
Taking into consideration the JCA Penalty Guide starting point of $300 for a breach of this Rule, the Committee determined that an uplift of $100 was required for the aggravating factor being the distance that Miss Ottley had allowed JOHNNY EYRE shift out in the home straight with the level of the breach, we determined, as being mid to high. We were however able to afford Miss Ottley a combined discount of $100 for her clear record and ready admission of the breach. The Committee also took into consideration the previous breach at Forbury where the driver was fined $300 in similar circumstances and for the sake of consistency determined that a fine of $300 was an appropriate penalty.
penalty:
Accordingly, Miss Ottley was fined the sum of $300.
hearing_type: Hearing
Rules: 869(4)- and Home Straight Regulations
Informant: Mr S W Wallis - Stipendiary Steward
JockeysandTrainer: Miss S Ottley - Licensed Open Horsewoman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 05e02678cbd1bc83092b42f8250ce56a
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 0138f4f0a00f8bfea0fbe9cfbdb412b5
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 26/12/2016
meet_title: Westport TC - 26 December 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: westport-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: DAnderson
meet_pm2: none
name: Westport TC