Winton HRC 29 December 2014 – R 9
ID: JCA15621
Meet Title:
Winton HRC - 29 December 2014
Meet Chair:
NSkelt
Race Date:
2014/12/29
Race Number:
R 9
Decision:
As Mr Swain admitted the breach it is thereby deemed to be proved.
Penalty:
Mr Swain is fined the sum of $200.
Facts:
At the conclusion of Race 9, the Central Southland Mobile Pace, an Information A 4403 was lodged by Stipendiary Steward, Mr S Renault alleging that E Swain (SUPERFREAK) shifted wider on the track prior the 1000 metre mark which forced the improving NORTHVIEW HANOVER (A Armour) wider on the track.
The Rule 869 (6)(b)(c) Reads “A horse making a forward movement during any race shall not be forced to race wider on the track; 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 Swain admitted the breach and did not wish to be present at the hearing.
Mr Renault, Stipendiary Steward, used several video clips of the incident highlighting the outward movement of SUPERFREAK prior to the 1000 metre mark. SUPERFREAK was five back on the fence when Mr Swain took a gap that was, “not there, and he was not entitled to”.
Mr Armour (NORTHVIEW HANOVER) was racing in the three wide line and as a result of Mr Swain moving out he has pushed Mr Armour out four wide.
Submissions for Penalty:
Mr Renault said that Mr Swain had no previous breaches under this rule in the past twelve months.
Mr Swain had 34 drives in the 2013/2014 season and 18 drives this season from August 1 2014 until today.
The JCA Penalty Guide recommends a 5 drive suspension or a $250 fine.
As Mr Swain was not present there were no submissions on his behalf.
Reasons for Penalty:
In arriving at an appropriate penalty I considered the penalty submissions as presented. The mitigating factors in this charge are Mr Swain’s good driving record and his early admittance of the breach. Also, although NORTHVIEW HANOVER had to race wider on the track, due to the outward movement caused by SUPERFREAK, its chances were not significantly hindered.
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: bc683705174b43dd59606aa96a6b14ac
informantnumber: A4403
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of Push Out Rule
plea: admitted
penaltyrequired: 1
decisiondate: 29/12/2014
hearing_title: Winton HRC 29 December 2014 - R 9
charge:
facts:
At the conclusion of Race 9, the Central Southland Mobile Pace, an Information A 4403 was lodged by Stipendiary Steward, Mr S Renault alleging that E Swain (SUPERFREAK) shifted wider on the track prior the 1000 metre mark which forced the improving NORTHVIEW HANOVER (A Armour) wider on the track.
The Rule 869 (6)(b)(c) Reads “A horse making a forward movement during any race shall not be forced to race wider on the track; 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 Swain admitted the breach and did not wish to be present at the hearing.
Mr Renault, Stipendiary Steward, used several video clips of the incident highlighting the outward movement of SUPERFREAK prior to the 1000 metre mark. SUPERFREAK was five back on the fence when Mr Swain took a gap that was, “not there, and he was not entitled to”.
Mr Armour (NORTHVIEW HANOVER) was racing in the three wide line and as a result of Mr Swain moving out he has pushed Mr Armour out four wide.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Swain admitted the breach it is thereby deemed to be proved.
sumissionsforpenalty:
Mr Renault said that Mr Swain had no previous breaches under this rule in the past twelve months.
Mr Swain had 34 drives in the 2013/2014 season and 18 drives this season from August 1 2014 until today.
The JCA Penalty Guide recommends a 5 drive suspension or a $250 fine.
As Mr Swain was not present there were no submissions on his behalf.
reasonsforpenalty:
In arriving at an appropriate penalty I considered the penalty submissions as presented. The mitigating factors in this charge are Mr Swain’s good driving record and his early admittance of the breach. Also, although NORTHVIEW HANOVER had to race wider on the track, due to the outward movement caused by SUPERFREAK, its chances were not significantly hindered.
penalty:
Mr Swain is fined the sum of $200.
hearing_type: Hearing
Rules: 869(6)(b)(c)
Informant: Mr S Renault - Stipendiary Steward
JockeysandTrainer: Mr E Swain - Driver of SUPERFREAK
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: e6c82fc2dc29d635ed174bcd2cad9600
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: df4d0e101410b81ce8cf204a00a3eafc
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 29/12/2014
meet_title: Winton HRC - 29 December 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: winton-hrc
meet_racingtype: harness-racing
meet_chair: NSkelt
meet_pm1: none
meet_pm2: none
name: Winton HRC