Archive Decision

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Wyndham HRC 6 January 2015 – R 5

ID: JCA16557

Applicant:
Mr SP Renault - Stipendiary Steward

Respondent(s):
Mr C Thornley - Driver of TOM BOLA

Information Number:
A4410

Hearing Type:
Hearing

New Charge:
Breach of Push Out rule

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

Plea:
admitted

Meet Title:
Wyndham HRC - 6 January 2015

Meet Chair:
NSkelt

Meet Committee Member 1:
GHall

Race Date:
2015/01/06

Race Number:
R 5

Decision:

As Mr Thornley admitted the breach we found the charge proved.

Penalty:

Mr Thornley was fined the sum of $250.

Facts:

At the conclusion of Race 5, Big Jim at Alabar Pace an Information was lodged by Stipendiary Steward, Mr S Renault alleging that C Thornley (TOM BOLA) shifted outwards passing the 1400 metres forcing OUTA THE FRIDGE (C Barron) to race wider on the track.

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 Thornley admitted the breach and did not wish to be present at the hearing.

Stipendiary Steward, Mr Renault showed the committee several video clips of the incident highlighting TOM BOLA shifting outwards and forcing OUTA THE FRIDGE (C Barron) wider on the track.

The margin at the winning post between third and fourth was 1 ¼ lengths.

Submissions for Penalty:

Mr Renault stated that Mr Thornley had no previous breaches under the rule, and had 59 drives in 2013/2014 season and 16 drives this season up until today.

Mr Renault stated that the penalty guide suggested a 5 drive suspension or a $300 fine.

As Mr Thornley was not present at the hearing there were no submissions made on his behalf.

Reasons for Penalty:

In fixing penalty the committee took into account and gave Mr Thornley some concession for his good driving record over the past 12 months and his early admission of the breach. An aggravating factor was the horse TOM BOLA was relegated from third to fourth placing affecting the owners and investors on the horse.

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: c56d4b5397e4e206de393f8cac470a94


informantnumber: A4410


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Breach of Push Out rule


plea: admitted


penaltyrequired: 1


decisiondate: 29/12/2014


hearing_title: Wyndham HRC 6 January 2015 - R 5


charge:


facts:

At the conclusion of Race 5, Big Jim at Alabar Pace an Information was lodged by Stipendiary Steward, Mr S Renault alleging that C Thornley (TOM BOLA) shifted outwards passing the 1400 metres forcing OUTA THE FRIDGE (C Barron) to race wider on the track.

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 Thornley admitted the breach and did not wish to be present at the hearing.

Stipendiary Steward, Mr Renault showed the committee several video clips of the incident highlighting TOM BOLA shifting outwards and forcing OUTA THE FRIDGE (C Barron) wider on the track.

The margin at the winning post between third and fourth was 1 ¼ lengths.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Thornley admitted the breach we found the charge proved.


sumissionsforpenalty:

Mr Renault stated that Mr Thornley had no previous breaches under the rule, and had 59 drives in 2013/2014 season and 16 drives this season up until today.

Mr Renault stated that the penalty guide suggested a 5 drive suspension or a $300 fine.

As Mr Thornley was not present at the hearing there were no submissions made on his behalf.


reasonsforpenalty:

In fixing penalty the committee took into account and gave Mr Thornley some concession for his good driving record over the past 12 months and his early admission of the breach. An aggravating factor was the horse TOM BOLA was relegated from third to fourth placing affecting the owners and investors on the horse.


penalty:

Mr Thornley was fined the sum of $250.


hearing_type: Hearing


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


Informant: Mr SP Renault - Stipendiary Steward


JockeysandTrainer: Mr C Thornley - Driver of TOM BOLA


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 2c9fca9b819ae2a621314cf590325cae


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 5


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 1d5937cea923325607a5e17e1aca467c


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 06/01/2015


meet_title: Wyndham HRC - 6 January 2015


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: wyndham-hrc


meet_racingtype: harness-racing


meet_chair: NSkelt


meet_pm1: GHall


meet_pm2: none


name: Wyndham HRC