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18 Jun 2021
Auckland-Tc - R7

Auckland TC 18 June 2021 - R 7 - Chair, Mr BJ Scott

Created on 22 June 2021

Committee:
BScott (chair)
AGodsalve
Name(s):
Mr O Gillies - Open Horseman
Informant
Mr S Mulcay - Senior Stipendiary Steward
Information Number
A12999
Plea:
Admitted
Charge:
Breach of the Pushout Rule
Evidence:

Following the running of the SIMS PACIFIC METALS - MONEY FOR METAL Handicap Pace, an Information was lodged by Senior Stipendiary Steward, Mr S Mulcay against Driver, Mr O Gillies alleging that as the Driver of OHOKA ACHILLES he shifted his horse outwards near the 1050 metres mark anf forced FRANKIE JONES to race wider on the track.

Rule 869(4) provides : No driver 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.

Rule 869(6)(b) provides : a horse during any race shall not be forced to race wider on the track.

Rule 869(6)(c) provides : 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.

Collectively these Rules are referred to as the "Push out Rule"

Mr Gillies was present at the hearing and he acknowledged that he understood the Rules and he confirmed that he admitted the breach.

Mr Mulcay demonstrated the incident by use of the race films and showed where prior to the 1100 metres mark Mr Gillies was 4 back on the inside line and he showed where FRANKIE JONES was moving up one out . Mr Gillies at about the 1050 metres mark moved out and pushed FRANKIE JONES 3 wide.

Mr Gillies said that his horse had been overracing and he had tried to wait until the 1000 meres mark but because of the way his horse was racing he had to come out sooner.

Decision:

The breach is admitted and therefore the charge is upheld.

Submission For Penalty:

Mr Mulcay referred to the JCA Penalty Guidelines which provide for a starting point penalty of a 5 drive suspension or a $250.00 fine.

He said that Mr Gillies had an excellent record for which he should be given credit and he also should be given credit for his admission of the breach. He submitted that a fine of $200 was appropriate.

Mr Gillies agreed with Mr Mulcay's submissions.

Reasons For Penalty:

The breach is admitted and in this regard Mr Gillies had no other option bearing in mind the very clear film evidence put to us. In light of this we do not give a credit for admission of the breach but we do give Mr Gillies credit for an excellent record.

We believe that a $200 fine is appropriate.

Penalty:

Mr Gillies is fined the sum of $200.

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