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NZ Metro TC 12 April 2019 - R 8 - Chair, Mr D Anderson

Created on 15 April 2019

Committee:
DAnderson (chair)
RMcKenzie
Name(s):
Ms L McKay - Junior Driver
Mr R Quirk - Stipendiary Steward
Informant
Mr N Ydgren - Chief Stipendiary Steward
Information Number
A12444
Plea:
Admitted
Charge:
Breach of Rule 869(4)(6)(b)(c) - the push out rule
Evidence:

Following the running of Race 8 the “Clarkson Signs – Logo Branding Design Moblie Pace” an Information was filed by Chief Stipendiary Steward Mr N Ydgren alleging a breach of Rule 869 (4)(6)(b)(c) by Junior Driver Ms L McKay. The Information stated that “You Shifted outwards at the 1500 metres when not entitled to forcing STOMPEM (M Anderson) to race wider on the track thereby breaching the Push Out Rule”.

Ms McKay had signed the Information admitting the breach and that she did not wish to be present at the hearing of the Information.

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 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.”

Mr Ydgren asked Mr Quirk to point to Ms McKay driving ENCHANTEE racing in the one out one back position at approximately the 1500 metres. He said at this stage Mr Anderson (STOMPEM) begins to move off Ms McKay’s back and move forward 3 wide but as he improves to the wheel of ENCHANTEE Ms McKay shifts outwards forcing STOMPEM 4 wide. Mr Ydgren said this manoeuvre was a clear breach of the push out rule. He explained to the Committee the galloping of STOMPEM shortly after the manoeuvre was not a result of Ms McKay shifting ground.

Decision:

As Ms McKay admitted the breach the charge was found proved.

Submission For Penalty:

Mr Ydgren stated Ms McKay had a clear record in relation to the rule and admitted the breach at the first opportunity. He said Ms McKay understood she left her move too late and was remorseful for her actions.

He said given the mitigating factors in this case the Stewards felt Ms McKay deserved some discount from the normal starting point of a $250 fine.

Reasons For Penalty:

The JCA Penalty Guide provides a starting point for a breach of this rule of five drives, or a fine of $250. This Committee determined that a fine is an appropriate penalty in this case.

There are no aggravating factors to consider. In mitigation, Ms McKay’s good record and frank admission, the Committee can afford her a discount of $50.

Penalty:

Accordingly, Ms McKay is fined $200.

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