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Winton HRC 9 April 2017 – R 5 – Chair Mr P Knowles

ID: JCA15088

Applicant:
Mr S Wallis - Stipendiary Steward

Respondent(s):
Ms B Rae - Open Horsewoman

Other Person:
Mr C Boyd - Stipendiary Steward

Information Number:
A9008

Hearing Type:
Hearing

New Charge:
Push out Rule

Rules:
869(4)(6)(b)and (c)

Plea:
admitted

Meet Title:
Winton HRC - 9 April 2017

Meet Chair:
PKnowles

Meet Committee Member 1:
GHall

Race Date:
2017/04/09

Race Number:
Winton HRC 9 April 2017 - R 5 - Chair Mr P Knowles

Decision:

After viewing the videos and hearing the evidence we are satisfied that Ms Rae breached the rule and it is found proved.

Penalty:

Ms Rae is suspended from the conclusion of racing today, up to and including Invercargill on 23 April (1 day).  Ms Rae is also fined $100.

Facts:

Following the running of the PGG Wrightson Mobile Pace Stewards lodged an Information alleging Ms Rae permitted her horse “ARTICULATE” to move outwards near the 1050 metres which resulted in “CHAMPAGNE BROMAC” being forced to race wider on the track.

Rules 869 (4) (6) (b) and (c) state:
869 (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.
869 (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.

Ms Rae appeared at the hearing and understood the charge. She admitted the breach.

Mr Wallis, with the aid of the video replays, pointed out the relevant positions of Articulate and Champagne Bromac as the field approached the 1000m mark. He stated Articulate (Ms Rae) was one-out three back and commenced a forward move out to a three-wide position about the 1050m mark. This in turn forced Champagne Bromac to race wider on the track about the 1000m mark.

Ms Rae stated she thought she was inside the 1000m mark when she made her move. She said on watching the video in real time she was almost at the 1000m mark when she moved outwards.

Submissions for Penalty:

Mr Wallis submitted that Ms Rae had five drives last season and 8 drives this current season. She had admitted the breach, had an excellent record and no previous charges. The JCA Penalty Guide recommended a starting point of a suspension of 5 drives or a $250 fine. He sought a suspension of 2 days or a fine of $200.

Ms Rae stated she had only recently returned from living in Australia, hence the low number of drives last season. She primarily drove in the Southland district and was unsure when her next driving engagement would be.

Reasons for Penalty:

Given Ms Rae’s circumstances in that she does not drive on a regular basis and only in Southland, a fine and a suspension is appropriate. We give her credit for her admission of the breach and excellent record.

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: a4d7e710c298865daebe81e8e3ad4c08

informantnumber: A9008

horsename:

hearing_racingtype:

startdate: no date provided

newcharge: Push out Rule

plea: admitted

penaltyrequired: 1

decisiondate: 12/04/2017

hearing_title: Winton HRC 9 April 2017 - R 5 - Chair Mr P Knowles

charge:

facts:

Following the running of the PGG Wrightson Mobile Pace Stewards lodged an Information alleging Ms Rae permitted her horse “ARTICULATE” to move outwards near the 1050 metres which resulted in “CHAMPAGNE BROMAC” being forced to race wider on the track.

Rules 869 (4) (6) (b) and (c) state:
869 (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.
869 (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.

Ms Rae appeared at the hearing and understood the charge. She admitted the breach.

Mr Wallis, with the aid of the video replays, pointed out the relevant positions of Articulate and Champagne Bromac as the field approached the 1000m mark. He stated Articulate (Ms Rae) was one-out three back and commenced a forward move out to a three-wide position about the 1050m mark. This in turn forced Champagne Bromac to race wider on the track about the 1000m mark.

Ms Rae stated she thought she was inside the 1000m mark when she made her move. She said on watching the video in real time she was almost at the 1000m mark when she moved outwards.

appealdecision:

isappeal:

submissionsfordecision:

reasonsfordecision:

Decision:

After viewing the videos and hearing the evidence we are satisfied that Ms Rae breached the rule and it is found proved.

sumissionsforpenalty:

Mr Wallis submitted that Ms Rae had five drives last season and 8 drives this current season. She had admitted the breach, had an excellent record and no previous charges. The JCA Penalty Guide recommended a starting point of a suspension of 5 drives or a $250 fine. He sought a suspension of 2 days or a fine of $200.

Ms Rae stated she had only recently returned from living in Australia, hence the low number of drives last season. She primarily drove in the Southland district and was unsure when her next driving engagement would be.

reasonsforpenalty:

Given Ms Rae’s circumstances in that she does not drive on a regular basis and only in Southland, a fine and a suspension is appropriate. We give her credit for her admission of the breach and excellent record.

penalty:

Ms Rae is suspended from the conclusion of racing today, up to and including Invercargill on 23 April (1 day).  Ms Rae is also fined $100.

hearing_type: Hearing

Rules: 869(4)(6)(b)and (c)

Informant: Mr S Wallis - Stipendiary Steward

JockeysandTrainer: Ms B Rae - Open Horsewoman

Otherperson: Mr C Boyd - Stipendiary Steward

PersonPresent:

Respondent:

StipendSteward:

raceid: 9fce7b5702731d5989daadddfb17b335

race_expapproval:

racecancelled: 0

race_noreport: 0

race_emailed1: 0

race_emailed2: 0

race_title: Winton HRC 9 April 2017 - R 5 - Chair Mr P Knowles

submittochair:

race_expappcomment:

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meetdate: 09/04/2017

meet_title: Winton HRC - 9 April 2017

meet_expappcomment:

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tracklocation: winton-hrc

meet_racingtype: harness-racing

meet_chair: PKnowles

meet_pm1: GHall

meet_pm2: none

name: Winton HRC