Thames HRC 31 March 2011 – R 6
ID: JCA10441
Meet Title:
Thames HRC - 31 March 2011
Meet Chair:
BRowe
Meet Committee Member 1:
AGodsalve
Race Date:
2011/03/31
Race Number:
R 6
Decision:
For the above reasons the charge is proved.
Penalty:
Balancing the above matters but with heavy emphasis on the excellent driving record of Ms Chilcott, a fine of $250 is imposed.
Charge:
Horsewoman N Chilcott drove CAN’T SEE A THING carelessly causing interference to DEIMOS with approximately 150metres to run.
Facts:
Mr Muirhead showed and interpreted the video films of the incident. He said that with about 150metres to run Ms Chilcott moved CAN’T SEE A THING inwards abruptly when improving on the outside of DEIMOS, there was contact and DEIMOS broke. He said INDULGE which was improving on the inside of DEIMOS had not contributed to the incident. INDULGE had moved inwards then outwards back onto its original line.
Mr Herlihy said CAN’T SEE A THING came in, he yelled out and pulled back, DEIMOS ran away from CAN’T SEE A THING, there was contact and DEIMOS broke.
Ms Chilcott acknowledged she “checked Mr Herlihy”. The thrust of her evidence was that pressure from INDULGE contributed to the incident – Mr Herlihy “was the meat in the sandwich”.
To the committee Ms Chilcott said there was contact by her sulky wheel with the front leg of DEIMOS.
Mr Butcher called as a witness by Ms Chilcott, declined to acknowledge that INDULGE had contributed to the incident.
Submissions for Decision:
In summing up Mr Muirhead said that Mr Herlihy and Mr Butcher had confirmed the evidence from the film that the inward movement by Ms Chilcott was careless.
Ms Chilcott said there was pressure from the inside and it was “difficult to say one person is at fault”.
Reasons for Decision:
The evidence on the video films is very clear. Mr Herlihy kept a straight line. Mr Butcher moved INDULGE inwards and then back outwards to its original line. Ms Chilcott moved CAN’T SEE A THING inwards abruptly, there was contact with the front leg of DEIMOS which broke.
We accept the evidence of Mr Muirhead. It is confirmed by the evidence of Mr Herlihy and Mr Butcher.
Submissions for Penalty:
Mr Muirhead said the recommended starting point was a fine of $400, Ms Chilcott had no relevant breaches of the rules recorded against her in the last 12months, she had 440 drives last season and has had 278 drives this season and the offending was mid-range. He submitted some leniency be shown in view of Ms Chilcott’s clear driving record.
Ms Chilcott asked that her driving record be taken into account.
Reasons for Penalty:
In fixing penalty we take into account the submissions of Mr Muirhead and Ms Chilcott, the recommended starting point, Ms Chilcott’s excellent driving record, penalties imposed in other similar cases and view the offending as mid-range and in the category of a misjudgement.
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: 005c03cc14a802295eecc65ca0ecd6c5
informantnumber: 68949
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 1
decisiondate: 24/02/2011
hearing_title: Thames HRC 31 March 2011 - R 6
charge:
Horsewoman N Chilcott drove CAN’T SEE A THING carelessly causing interference to DEIMOS with approximately 150metres to run.
facts:
Mr Muirhead showed and interpreted the video films of the incident. He said that with about 150metres to run Ms Chilcott moved CAN’T SEE A THING inwards abruptly when improving on the outside of DEIMOS, there was contact and DEIMOS broke. He said INDULGE which was improving on the inside of DEIMOS had not contributed to the incident. INDULGE had moved inwards then outwards back onto its original line.
Mr Herlihy said CAN’T SEE A THING came in, he yelled out and pulled back, DEIMOS ran away from CAN’T SEE A THING, there was contact and DEIMOS broke.
Ms Chilcott acknowledged she “checked Mr Herlihy”. The thrust of her evidence was that pressure from INDULGE contributed to the incident – Mr Herlihy “was the meat in the sandwich”.
To the committee Ms Chilcott said there was contact by her sulky wheel with the front leg of DEIMOS.
Mr Butcher called as a witness by Ms Chilcott, declined to acknowledge that INDULGE had contributed to the incident.
appealdecision:
isappeal:
submissionsfordecision:
In summing up Mr Muirhead said that Mr Herlihy and Mr Butcher had confirmed the evidence from the film that the inward movement by Ms Chilcott was careless.
Ms Chilcott said there was pressure from the inside and it was “difficult to say one person is at fault”.
reasonsfordecision:
The evidence on the video films is very clear. Mr Herlihy kept a straight line. Mr Butcher moved INDULGE inwards and then back outwards to its original line. Ms Chilcott moved CAN’T SEE A THING inwards abruptly, there was contact with the front leg of DEIMOS which broke.
We accept the evidence of Mr Muirhead. It is confirmed by the evidence of Mr Herlihy and Mr Butcher.
Decision:
For the above reasons the charge is proved.
sumissionsforpenalty:
Mr Muirhead said the recommended starting point was a fine of $400, Ms Chilcott had no relevant breaches of the rules recorded against her in the last 12months, she had 440 drives last season and has had 278 drives this season and the offending was mid-range. He submitted some leniency be shown in view of Ms Chilcott’s clear driving record.
Ms Chilcott asked that her driving record be taken into account.
reasonsforpenalty:
In fixing penalty we take into account the submissions of Mr Muirhead and Ms Chilcott, the recommended starting point, Ms Chilcott’s excellent driving record, penalties imposed in other similar cases and view the offending as mid-range and in the category of a misjudgement.
penalty:
Balancing the above matters but with heavy emphasis on the excellent driving record of Ms Chilcott, a fine of $250 is imposed.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr J Muirhead - Stipendiary Steward
JockeysandTrainer: Ms N Chilcott - driver of CAN'T SEE A THING
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 9dc9a81d7a91d36c4a7057f793c19059
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: cd900403b253ed2f7da29fb73e017eca
meet_expapproval: approved
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 31/03/2011
meet_title: Thames HRC - 31 March 2011
meet_expappcomment:
meet_km: [{"Comment": [], "MemberRole": "Panel member 1 ", "MemberID": "AGodsalve", "Member": "", "OtherExpenses": "0", "KMs": "320", "Total": "198.4", "kmprice": 198.40000000000001, "Approved": "on"}]
meet_otherexp:
tracklocation: thames-hrc
meet_racingtype: harness-racing
meet_chair: BRowe
meet_pm1: AGodsalve
meet_pm2: none
name: Thames HRC