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Methven TC 11 October 2020 - R 8 - Chair, Mr D Anderson

Created on 13 October 2020

Committee:
DAnderson (chair)
RMcKenzie
Name(s):
Mrs A Lethaby - Open Driver
Mr S Renault - Stipendiary Steward
Informant
Mr P Williams - Stipendiary Steward
Information Number
A13604
Plea:
Admitted
Charge:
Breach of Rule 869(4)(6)(b)(c) - push out rule
Evidence:

Following the running of Race 8 an Information was filed by Stipendiary Steward Mr P Williams alleging a breach of Rule 869 (4)(6)(b)(c) by Open Driver Mrs A Lethaby. The Information stated that “Driver A Lethaby (CLASSY KID) forced (BUCKSKIN) to race wider on the track racing into the first bend.”

Mrs Lethaby had signed the Information stating she did admit the breach. When asked by the Committee she confirmed she now has a clear understanding of the rule.

Rule 869(4)(6)(b)(c) reads 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 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.”

Mr Williams with the assistance of Mr Renault used the race video to identify Mrs Lethaby racing 4 back on the inside racing into the first bend approximately 200 metres after the start.

Mr Renault then pointed to MAKASAR BOY who was just forward and to the outside of Mrs Lethaby. He then demonstrated Mrs Lethaby angle out into the running line behind MAKASAR BOY as BUCKSKIN had improved up on to the wheel of Mrs Lethaby.

Mr Williams played the back straight video which clearly showed BUCKSKIN being dictated 3 wide. Mr Williams continued to play the film until the field entered the front straight to demonstrate BUCKSKIN racing the entire bend in a 3 wide position.

Mrs Lethaby’s only comment was she was unaware the Push Out Rule had been changed and she only learned of this when entering the Stewards room before the commencement of the hearing.

Decision:

Mrs Lethaby having admitted the breach the charge was found proved.

Submission For Penalty:

Mr Williams said Mrs Lethaby has had 14 drives this season and 87 last season. He said Mrs Lethaby has a clear record under this rule. He referred to the JCA penalty starting point of five drives or a $250 fine for a breach of this rule and submitted a fine in the vicinity of $250 was appropriate.

Mrs Lethaby asked the Committee to consider she had just been made aware of the rule change and that BUCKSKIN had gone on from the incident and won the race.

Reasons For Penalty:

The Committee has taken the JCA Penalty Guide starting point for a breach of this rule which is five drives or a $250 fine. We consider a fine appropriate in this case.

There are no Aggravating factors to consider.

The Mitigating factors are Mrs Lethaby’s clear record and admission for which we afford her a $50 discount.

We therefore determined that a fine of $200 was an appropriate penalty in this case.

Penalty:

Accordingly, Mrs Lethaby was fined the sum of $200.

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