NZ Metro TC 31 March 2018 – R 5 – Chair, Mr S Ching
ID: JCA10479
Meet Title:
NZ Metro TC - 31 March 2018
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2018/03/31
Race Number:
R 5
Decision:
As Mr May had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
Mr May’s request for a deferment until after racing on 6 April was granted with his Horseman’s License suspended from the conclusion of racing 6 April up to and including 8 April 2018. This suspension encompasses the meetings at Invercargill on 7 April and Rangiora 8 April 2018.
Facts:
Following the running of Race 5, the Canterbury Standardbred Breeders Stakes, an information was filed by Chief Stipendiary Steward Mr N Ydgren against Open Horseman Mr R May, alleging a breach of Rule 869(3) (b) in that he shifted inwards on the first bend when not clear of SCARLETT BANNER which caused resultant interference to trailing horses.
Mr May had endorsed on the Information that this breach of the Rules was admitted which he confirmed at the hearing. He also stated that he understood the rule he was being charged with.
Rule 869(3)(b) reads as follows:
“(3) No horseman in any race shall drive:-
(b) carelessly:-
Mr Ydgren, with the assistance of Stipendiary Steward, Mr R Quirk, gave evidence and used video coverage to show that shortly after the mobile start for the 1-mile event, which was on the bend, Mr May driving MOTU BETTOR BE QUICK, who had drawn 4 at the barrier was racing with SCARLETT BANNER, driven by Mr G Smith, positioned behind Mr May. Mr May attempted to shift down but was not clear of SCARLETT BANNER who was by that time on Mr May’s wheel and as a result, SCARLETT BANNER was taken inwards onto DEBNITA ROSE, driven by Mr J Dunn and FOR THE CORZ, driven by Mr M Williamson, which was forced over the pylons, breaking briefly.
Mr May stated that he thought he was a little unlucky and when he looked to shift down, Mr Smith was not there, and he thought he was clear. He said that FOR THE CORZ had broken at the start and was going rough when the incident occurred. Mr May said that with the start being on a bend and a lot of green horses in the field did not help the situation.
Submissions for Penalty:
Mr Ydgren informed the Committee that Mr May’s record showed a previous breach of this rule at Rangiora on 7 January 2018 where he was fined $300 which was within the 6 months and 200 drive limits, with Mr May having had 171 drives since this breach. He stated the level of carelessness was low to mid with the consequential effects no worse than mid-range. Mr Ydgren stated that the JCA Penalty Guide provides a 3-day suspension for a second breach of this rule within a 6-month period and submitted that after taking into consideration all factors, a 2 day suspension be considered as penalty.
Mr May stated that a 2-day suspension was a fair penalty. Deferment of penalty was discussed with Mr May requesting deferment until after the Addington meeting on 6 April 2018.
Reasons for Penalty:
The JCA Penalty Guide provides a 3-day suspension as penalty for a second breach of this rule within a 6-month period. This Committee agreed with Mr Ydgren and determined that this breach was low to mid with consequences at mid-level. There were no aggravating factors to consider, therefore no uplift in penalty was warranted. In mitigation Mr May’s frank admission, warranted a discount, which we set at 1 day. We therefore determined that a 2-day suspension was an appropriate penalty in this case.
JCA Decision Fields (raw)
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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: 04cdbae951c9a05eb3e3d180c2552c67
informantnumber: A10225
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: admitted
penaltyrequired: 1
decisiondate: 05/04/2018
hearing_title: NZ Metro TC 31 March 2018 - R 5 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 5, the Canterbury Standardbred Breeders Stakes, an information was filed by Chief Stipendiary Steward Mr N Ydgren against Open Horseman Mr R May, alleging a breach of Rule 869(3) (b) in that he shifted inwards on the first bend when not clear of SCARLETT BANNER which caused resultant interference to trailing horses.
Mr May had endorsed on the Information that this breach of the Rules was admitted which he confirmed at the hearing. He also stated that he understood the rule he was being charged with.
Rule 869(3)(b) reads as follows:
“(3) No horseman in any race shall drive:-
(b) carelessly:-
Mr Ydgren, with the assistance of Stipendiary Steward, Mr R Quirk, gave evidence and used video coverage to show that shortly after the mobile start for the 1-mile event, which was on the bend, Mr May driving MOTU BETTOR BE QUICK, who had drawn 4 at the barrier was racing with SCARLETT BANNER, driven by Mr G Smith, positioned behind Mr May. Mr May attempted to shift down but was not clear of SCARLETT BANNER who was by that time on Mr May’s wheel and as a result, SCARLETT BANNER was taken inwards onto DEBNITA ROSE, driven by Mr J Dunn and FOR THE CORZ, driven by Mr M Williamson, which was forced over the pylons, breaking briefly.
Mr May stated that he thought he was a little unlucky and when he looked to shift down, Mr Smith was not there, and he thought he was clear. He said that FOR THE CORZ had broken at the start and was going rough when the incident occurred. Mr May said that with the start being on a bend and a lot of green horses in the field did not help the situation.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr May had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
sumissionsforpenalty:
Mr Ydgren informed the Committee that Mr May’s record showed a previous breach of this rule at Rangiora on 7 January 2018 where he was fined $300 which was within the 6 months and 200 drive limits, with Mr May having had 171 drives since this breach. He stated the level of carelessness was low to mid with the consequential effects no worse than mid-range. Mr Ydgren stated that the JCA Penalty Guide provides a 3-day suspension for a second breach of this rule within a 6-month period and submitted that after taking into consideration all factors, a 2 day suspension be considered as penalty.
Mr May stated that a 2-day suspension was a fair penalty. Deferment of penalty was discussed with Mr May requesting deferment until after the Addington meeting on 6 April 2018.
reasonsforpenalty:
The JCA Penalty Guide provides a 3-day suspension as penalty for a second breach of this rule within a 6-month period. This Committee agreed with Mr Ydgren and determined that this breach was low to mid with consequences at mid-level. There were no aggravating factors to consider, therefore no uplift in penalty was warranted. In mitigation Mr May’s frank admission, warranted a discount, which we set at 1 day. We therefore determined that a 2-day suspension was an appropriate penalty in this case.
penalty:
Mr May’s request for a deferment until after racing on 6 April was granted with his Horseman’s License suspended from the conclusion of racing 6 April up to and including 8 April 2018. This suspension encompasses the meetings at Invercargill on 7 April and Rangiora 8 April 2018.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr N Ydgren - Chief Stipendiary Steward
JockeysandTrainer: Mr R May - Open Horseman
Otherperson: Mr R Quirk - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 8680b478dc02315af78b051bf1776198
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 17ea01b84d910ba0c4a2e5b58833a603
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 31/03/2018
meet_title: NZ Metro TC - 31 March 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: NZ Metro TC