Winton HRC 29 February 2012 – R 1
ID: JCA15766
Meet Title:
Winton HRC - 29 February 2012
Meet Chair:
NSkelt
Meet Committee Member 1:
ADennis
Race Date:
2012/02/29
Race Number:
R 1
Decision:
Mr Swain having admitted the breach, the charge was found proved.
Penalty:
Mr Swain was fined the sum of $150.
Charge:
Breach of the pushout Rule.
Facts:
Following the running of Race 1, the Ray Hazlett/Graham O’Shannessy Mobile Trot, an information was filed by Stipendiary Steward, Mr C J Allison against Mr R H Swain, alleging a breach of Rules 869 (4) and 869 (6) (b) & (c) in that Mr Swain, the driver of SUN SHINE WHIZ, ‘With approximately 1300 metres to run, R H Swain (SUN SHINE WHIZ0 shifted ground outwards forcing YELANDE (A W Kyle) over extra ground.’ A breach of the pushout rule.
Mr Swain indicated that he admitted the breach and chose not to be present at the hearing.
Rule 869 provides 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:-
(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.
Submissions for Decision:
Mr S Renault (Stipendiary Steward) pointed out the horses involved. He showed Mr Swain (SUN SHINE WHIZ) travelling four back on the rails with Mr Dunn (LADY HAMLOCH) on its outside. Mr Renault used the same video film to illustrate where Mr Dunn moved forward followed by Mr Kyle (YELANDE), Mr Renault then showed where Mr Swain had attempted to make an outward movement but where there was insufficient room, forcing Mr Kyle (YELANDE) to “grab hold’ of his horse , causing it to break. Mr Renault stated that Mr Swain had left it too late to move outwards and that in doing so had forced Mr Kyle (YELANDE) to go three wide and to cover extra ground.
Submissions for Penalty:
Mr Allison informed the Committee that Mr Swain had an excellent driving record (no previous breaches in the past 12 months), that Mr Swain had some 95 drives this current season to date. Mr Allison also said that no contact had been made during the incident and that the breach was at the lower end of the range.
Reasons for Penalty:
In considering penalty, the Committee took into account the following mitigating factors. Firstly Mr Swain’s admission of the breach, secondly, the fact that no contact had been made, and finally Mr Swain’s fine driving record.
The Committee is aware that the usual fine for an admitted breach of this rule where the driver has a clear record is not less than $200, but felt that in this case, because of the noted mitigating factors, some leniency was appropriate.
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: cd69220b35c2554a179e57b814f47de1
informantnumber: A5985
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 28/02/2012
hearing_title: Winton HRC 29 February 2012 - R 1
charge:
Breach of the pushout Rule.
facts:
Following the running of Race 1, the Ray Hazlett/Graham O’Shannessy Mobile Trot, an information was filed by Stipendiary Steward, Mr C J Allison against Mr R H Swain, alleging a breach of Rules 869 (4) and 869 (6) (b) & (c) in that Mr Swain, the driver of SUN SHINE WHIZ, ‘With approximately 1300 metres to run, R H Swain (SUN SHINE WHIZ0 shifted ground outwards forcing YELANDE (A W Kyle) over extra ground.’ A breach of the pushout rule.
Mr Swain indicated that he admitted the breach and chose not to be present at the hearing.
Rule 869 provides 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:-
(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.
appealdecision:
isappeal:
submissionsfordecision:
Mr S Renault (Stipendiary Steward) pointed out the horses involved. He showed Mr Swain (SUN SHINE WHIZ) travelling four back on the rails with Mr Dunn (LADY HAMLOCH) on its outside. Mr Renault used the same video film to illustrate where Mr Dunn moved forward followed by Mr Kyle (YELANDE), Mr Renault then showed where Mr Swain had attempted to make an outward movement but where there was insufficient room, forcing Mr Kyle (YELANDE) to “grab hold’ of his horse , causing it to break. Mr Renault stated that Mr Swain had left it too late to move outwards and that in doing so had forced Mr Kyle (YELANDE) to go three wide and to cover extra ground.
reasonsfordecision:
Decision:
Mr Swain having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Allison informed the Committee that Mr Swain had an excellent driving record (no previous breaches in the past 12 months), that Mr Swain had some 95 drives this current season to date. Mr Allison also said that no contact had been made during the incident and that the breach was at the lower end of the range.
reasonsforpenalty:
In considering penalty, the Committee took into account the following mitigating factors. Firstly Mr Swain’s admission of the breach, secondly, the fact that no contact had been made, and finally Mr Swain’s fine driving record.
The Committee is aware that the usual fine for an admitted breach of this rule where the driver has a clear record is not less than $200, but felt that in this case, because of the noted mitigating factors, some leniency was appropriate.
penalty:
Mr Swain was fined the sum of $150.
hearing_type: Hearing
Rules: 869(4)and (6)(b)&(c)
Informant: Mr Cj Allison - Stipendiary Steward
JockeysandTrainer: Mr RH Swain - Licensed Open Driver
Otherperson: Mr S Renault - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 322836786191f15b57afb8c5c49b03ca
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 41f7431ff70380b0c4b62a57ffd277ca
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 29/02/2012
meet_title: Winton HRC - 29 February 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: winton-hrc
meet_racingtype: harness-racing
meet_chair: NSkelt
meet_pm1: ADennis
meet_pm2: none
name: Winton HRC