Westport TC 28 December 2016 – R 5 – Chair, Mr S Ching
ID: JCA10966
Meet Title:
Westport TC - 28 December 2016
Meet Chair:
SChing
Meet Committee Member 1:
DAnderson
Race Date:
2016/12/28
Race Number:
R5
Decision:
As Mr Thornley had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
Accordingly, Mr Thornley was fined the sum of $200.
Facts:
Following the running of Race 5, the Valspar Change Made Easy Mobile Pace, an information was filed by Stipendiary Steward, Mr S Renault against Open Horseman, Mr CD Thornley, alleging a breach of Rule 869(7)(A)(c) in that he shifted inwards causing REBEL RITCHIE to make contact and then protrude inside pylons causing that horse to break.
Mr Thornley had indicated on the Information that this breach of the Rules was admitted. Mr Thornley also informed the Stewards that he did not wish to be present at the hearing. This was confirmed by Mr Renault.
Rule 869(7)(A)(c) reads as follows:
(7A) Every horseman who moves inwards shall ensure:
(a) that contact is not made with any track marker
(b) that any part of the sulky does not protrude inside the marker line
(c) that the movement does not cause any other horseman, horse or sulky to contact any track marker or protrude inside the marker line.
It shall be a defence to a breach of this sub-rule if the horseman establishes that the breach was attributable to the behaviour of his own horse or any other horse or horseman in the race.
Mr Renault gave evidence and used video coverage to show that shortly after the start and racing into the first bend, Mr Thornley, driving JJ’S DELIGHT, was racing in a 2 off position with REBEL RITCHIE, driven by Mr J Morrison, inside JJ’S DELIGHT. Mr Renault stated that Mr Thornley eased Mr Morrison down the track which he was entitled to do, however as he eases Mr Morrison down, he continues to put pressure on him and forces REBEL RITCHIE over the pylons. As a result REBEL RITCHIE strikes the first pylon and races inside the second pylon before breaking and losing considerable ground.
Submissions for Penalty:
Mr Renault informed the Committee that Mr Thornley’s driving statistics were 477 drives last season and 162 to date this season. He also said Mr Thornley had a clear record and credit should be given for his admission of the breach. Mr Renault stated that the JCA Penalty Guide provided a starting point for a breach of this rule as a 6-drive suspension or a $300 fine. Taking all factors into consideration, Mr Renault submitted that a fine of $200 be considered as penalty.
Mr Renault said that Mr Thornley had indicated to the Stewards that a fine was preferred as penalty.
Reasons for Penalty:
In determining penalty, the Committee took into consideration Mr Thornley’s admission of the breach and his good record. The JCA Penalty Guide recommends a starting point of a $300 fine for a breach of this Rule. In adopting the starting point of $300 we were able to afford Mr Thornley a discount of $50 for his admission of the breach and a further $50 for his clear penalty record in regard to this rule. We therefore determined that a fine of $200 was an appropriate penalty in this case.
JCA Decision Fields (raw)
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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: 179aa9a60d8c11d17c2274eced8d73d1
informantnumber: A8443
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of Rule 869(7) (A)(c)
plea: admitted
penaltyrequired: 1
decisiondate: 30/12/2016
hearing_title: Westport TC 28 December 2016 - R 5 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 5, the Valspar Change Made Easy Mobile Pace, an information was filed by Stipendiary Steward, Mr S Renault against Open Horseman, Mr CD Thornley, alleging a breach of Rule 869(7)(A)(c) in that he shifted inwards causing REBEL RITCHIE to make contact and then protrude inside pylons causing that horse to break.
Mr Thornley had indicated on the Information that this breach of the Rules was admitted. Mr Thornley also informed the Stewards that he did not wish to be present at the hearing. This was confirmed by Mr Renault.
Rule 869(7)(A)(c) reads as follows:
(7A) Every horseman who moves inwards shall ensure:
(a) that contact is not made with any track marker
(b) that any part of the sulky does not protrude inside the marker line
(c) that the movement does not cause any other horseman, horse or sulky to contact any track marker or protrude inside the marker line.
It shall be a defence to a breach of this sub-rule if the horseman establishes that the breach was attributable to the behaviour of his own horse or any other horse or horseman in the race.
Mr Renault gave evidence and used video coverage to show that shortly after the start and racing into the first bend, Mr Thornley, driving JJ’S DELIGHT, was racing in a 2 off position with REBEL RITCHIE, driven by Mr J Morrison, inside JJ’S DELIGHT. Mr Renault stated that Mr Thornley eased Mr Morrison down the track which he was entitled to do, however as he eases Mr Morrison down, he continues to put pressure on him and forces REBEL RITCHIE over the pylons. As a result REBEL RITCHIE strikes the first pylon and races inside the second pylon before breaking and losing considerable ground.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Thornley had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
sumissionsforpenalty:
Mr Renault informed the Committee that Mr Thornley’s driving statistics were 477 drives last season and 162 to date this season. He also said Mr Thornley had a clear record and credit should be given for his admission of the breach. Mr Renault stated that the JCA Penalty Guide provided a starting point for a breach of this rule as a 6-drive suspension or a $300 fine. Taking all factors into consideration, Mr Renault submitted that a fine of $200 be considered as penalty.
Mr Renault said that Mr Thornley had indicated to the Stewards that a fine was preferred as penalty.
reasonsforpenalty:
In determining penalty, the Committee took into consideration Mr Thornley’s admission of the breach and his good record. The JCA Penalty Guide recommends a starting point of a $300 fine for a breach of this Rule. In adopting the starting point of $300 we were able to afford Mr Thornley a discount of $50 for his admission of the breach and a further $50 for his clear penalty record in regard to this rule. We therefore determined that a fine of $200 was an appropriate penalty in this case.
penalty:
Accordingly, Mr Thornley was fined the sum of $200.
hearing_type: Hearing
Rules: 869 (7)(A)(c)
Informant: Mr S Renault - Stipendiary Steward
JockeysandTrainer: Mr CD Thornley - Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 3dab2760edd79c0fed42068e616a3b31
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 24814172f0b8662995d73a1c659f6803
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 28/12/2016
meet_title: Westport TC - 28 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