Harness News – Extract of Stewards Report RE: Gary Hall Jnr. (IM THEMIGHTYQUINN) Friday 4 January 2013.
The Stewards report regarding the incident between IM THEMIGHTYQUINN and MYSTA MAGICAL MACH NZ determined as follows:
Driver pleaded guilty to a charge of causing jostling issued under the provisions of Rule 163(1)(a) for, when racing three wide, having jostled MYSTA MAGICAL MACH NZ (Kyle Harper) from racing out of the back straight on the first occasion until entering the front straight on the first occasion in an effort to gain a position in the one-wide line. Mr Hall Jnr was fined $500. In determining penalty, Stewards were mindful of the circumstances of the incident in that MYSTA MAGICAL MACH NZ had not lost its racing position and that in similar cases in recent years fines of up to $200 had been imposed.
In imposing a higher than usual penalty for this offence Stewards advised Mr Hall that they considered his actions to be more serious as he had continued to jostle for far longer than necessary and, in their opinion, he had been attempting to gain a position to which he was not entitled as MYSTA MAGICAL MACH NZ had clearly obtained a position one wide prior to him attempting to shift inwards.
In view of some details reported within an article that appeared in The West Australian on Saturday 5 January 2013, the following should be noted:
· The charge of causing jostling is one which the Stewards have had little reason to use in recent times. Since 1 September 2005 there have been only 25 occasions on which action of any sort has been taken against a driver for the offence. Of these only 2 have ever resulted in suspension with these cases being distinguishable from the case of Mr Hall in that on those occasions a horse lost its rightful racing position by being jostled inwards.
· Mr Hall’s upcoming engagements were not a factor in determining a fine to be appropriate on this occasion.
· Any period of suspension for this offence would have been manifestly excessive and as it would have been outside the range of usual penalties for this offence. 23 out of 25 past offences of this nature were dealt with by way of fine or reprimand.
· The reference to the offence being “at the top end of the serious scale” whilst not reported in the language used was within the context of the offence of ‘jostling’ and not other forms of driving infringement
· The Stewards inquiry in relation to this matter was adjourned between races as is usual practice due to time constraints and driver engagements and is no reflection on the seriousness of the matter.
· Mr Hall’s fine of $500 represents the highest fine imposed for the offence of jostling, which despite his plea of guilty was deemed appropriate given the circumstances explained in the Stewards’ Report.
Denis Borovica
GM Racing Integrity
7 January 2013
