Archive Decision

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Wyndham HRC 13 November 2016 – R 2 – Chair, Mr N Skelt

ID: JCA13772

Applicant:
Mr S Wallis - Stipendiary Steward

Respondent(s):
Mr A Suddaby - Open Horseman

Other Person:
Mr S Renault - Stipendiary Steward

Information Number:
A8417

Hearing Type:
Hearing

New Charge:
Interference

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

Plea:
admitted

Meet Title:
Wyndham HRC - 13 November 2016

Meet Chair:
NSkelt

Race Date:
2016/11/13

Race Number:
R 2

Decision:

As Mr Suddaby had admitted this breach of the rules it was found to be proved in accordance with rule 1111(1) (d).

Penalty:

Mr Suddaby was fined the sum of $250.

Facts:

At the conclusion of Race 2 A Rock N Roll Dance Siring Outstanding Foals Mobile Pace, Information A8417 was lodged by Stipendiary Steward, Mr S Wallis alleging A Suddaby the driver of 'Sketching' shifted outwards near the 1700 metres forcing 'Lady Go Cullect' (B McLellan) wider on the track.

Mr Suddaby admitted the breach of the rule, and was not present at the hearing.

The rule reads ‘No horse man 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. Subject to rule sub-rule (4) hereof: - 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 past the line with or past its sulky wheel and until the wider runner going forward is fully past.’

Stipendiary Steward Mr Renault used video coverage to illustrate the incident as set out in the evidence. Mr Renault highlighted 'Sketching' (A. Suddaby) moving off the three back on the fence position near the 1700 metres forcing 'Lady Go Cullect' (B McLellan) wider on the track when there was insufficient room to do so.

Submissions for Penalty:

In relation to penalty (Stipendiary Steward) Mr Wallis stated that Mr Suddaby had only resumed race driving this season, after a lay off and had 40 drives. Mr Wallis confirmed Mr Suddaby had no breaches of this rule over the past 12 months, and that he was driving 3 or 4 horses most race meetings currently.

The JCA penalty guide recommends a starting point of $250 fine for a breach of this rule.

Reasons for Penalty:

In considering the matter of an appropriate penalty, I took into account that Mr Suddaby had admitted the breach and also that he had not previously breached the rule. I was satisfied that an appropriate starting point for a penalty in this case was a fine of $300, due to the nature of his actions and this should be reduced to $250 to take into account the above matters.

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: 627a64900e7578e962ae7d9d4b18d833


informantnumber: A8417


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Interference


plea: admitted


penaltyrequired: 1


decisiondate: 15/11/2016


hearing_title: Wyndham HRC 13 November 2016 - R 2 - Chair, Mr N Skelt


charge:


facts:

At the conclusion of Race 2 A Rock N Roll Dance Siring Outstanding Foals Mobile Pace, Information A8417 was lodged by Stipendiary Steward, Mr S Wallis alleging A Suddaby the driver of 'Sketching' shifted outwards near the 1700 metres forcing 'Lady Go Cullect' (B McLellan) wider on the track.

Mr Suddaby admitted the breach of the rule, and was not present at the hearing.

The rule reads ‘No horse man 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. Subject to rule sub-rule (4) hereof: - 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 past the line with or past its sulky wheel and until the wider runner going forward is fully past.’

Stipendiary Steward Mr Renault used video coverage to illustrate the incident as set out in the evidence. Mr Renault highlighted 'Sketching' (A. Suddaby) moving off the three back on the fence position near the 1700 metres forcing 'Lady Go Cullect' (B McLellan) wider on the track when there was insufficient room to do so.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Suddaby had admitted this breach of the rules it was found to be proved in accordance with rule 1111(1) (d).


sumissionsforpenalty:

In relation to penalty (Stipendiary Steward) Mr Wallis stated that Mr Suddaby had only resumed race driving this season, after a lay off and had 40 drives. Mr Wallis confirmed Mr Suddaby had no breaches of this rule over the past 12 months, and that he was driving 3 or 4 horses most race meetings currently.

The JCA penalty guide recommends a starting point of $250 fine for a breach of this rule.


reasonsforpenalty:

In considering the matter of an appropriate penalty, I took into account that Mr Suddaby had admitted the breach and also that he had not previously breached the rule. I was satisfied that an appropriate starting point for a penalty in this case was a fine of $300, due to the nature of his actions and this should be reduced to $250 to take into account the above matters.


penalty:

Mr Suddaby was fined the sum of $250.


hearing_type: Hearing


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


Informant: Mr S Wallis - Stipendiary Steward


JockeysandTrainer: Mr A Suddaby - Open Horseman


Otherperson: Mr S Renault - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 7211e13bfd2a15075b49302bae22d422


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 2


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 97b8911cc4cf4d50b1371fe7ec0e39f7


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 13/11/2016


meet_title: Wyndham HRC - 13 November 2016


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: wyndham-hrc


meet_racingtype: harness-racing


meet_chair: NSkelt


meet_pm1: none


meet_pm2: none


name: Wyndham HRC