Timaru HRC 14 October 2012 – R 10
ID: JCA10480
Meet Title:
Timaru HRC - 14 October 2012
Meet Chair:
JPhelan
Meet Committee Member 1:
JMillar
Race Date:
2012/10/14
Race Number:
R1
Decision:
As Mr Telfer had admitted the charge it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
On resuming the hearing we informed the parties that Mr Telfer’s Graduation Horseman’s licence was suspended from after the completion of racing on 14 October 2012, until after the completion of racing on 22 October 2012. This period of suspension included race meetings at NZMTC on 19 October 2012, the Tuapeka HRC meeting at Forbury Park on 21 October 2012, and the Ashburton TC meeting on 22 October 2012.
Charge:
Alleged driving in a manner causing interference.
Facts:
Following the running of Race 10, the Family Xmas Meeting Saturday 8 December Mobile Pace, an Information was filed by Stipendiary Steward Mr N. M. Ydgren against Open Horseman Mr G. C. Telfer, the driver of GRESHEES ANGEL (5) alleging a breach of Rule 869(4) in that he drove in a manner causing interference.
The Information reads as follows.
“I the above named informant allege that the above named Respondent committed a breach of Rule 869(4) (in that) G. Telfer drove in a manner that caused interference during the early stages of the race.”
Rule 869(4) provides 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.”
Mr Telfer had indicated on the Information that this breach of the Rules was admitted, and he also agreed that he understood the charge and the Rule it was brought under.
Submissions for Decision:
There had previously been a protest hearing after which Mr Telfer’s horse, GRESHEES ANGEL had been relegated from 3rd to 4th. It was agreed by the parties that the evidence from that hearing would form the basis for this hearing. Stipendiary Steward Mr N. M. Ydgren advised that he did not want to add to the evidence given at the protest hearing.
Mr Telfer repeated his evidence that he believed that this incident could have been avoided had Ms Hickman eased her horse.
Submissions for Penalty:
In relation to penalty Mr Ydgren submitted that it should be taken into account that the breach was admitted and that Mr Telfer had not previously breached this Rule. Mr Ydgren also said that this breach was assessed to be at the lower end of the scale, and that a more experienced driver than Ms Hickman might have eased. Mr Ydgren referred to the Penalty Guide which recommends a starting point of 8 drives or a fine of $400 for a breach of this Rule, although we do note that the recommended starting point is 10 drives or a fine $500 where the careless driving results in a relegation.
Mr Ydgren advised that Mr Telfer preferred a suspension to a fine in this case, and Mr Telfer confirmed this preference. Mr Ydgren submitted that a suspension of 2 – 3 days would be appropriate in this case. The upcoming race meetings were NZMTC on 19 October 2012, Tuapeka HRC at Forbury Park on 21 October 2012, and Ashburton TC on 22 October 2012.
Mr Telfer had no submissions to make with regard to penalty.
Reasons for Penalty:
In determining an appropriate penalty in this case we took into account, to Mr Telfer’s credit, that he had a clear record and that he had admitted the breach. We also accept Mr Ydgren’s assessment that this breach was at the lower end of the scale. On the other hand Mr Telfer’s driving did result in the relegation of his horse from 3rd to 4th place, which affected investors on the horse. We were satisfied that a three (3) day suspension should be imposed in this case.
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: 04cecc5f44de3bd9a0563eb9e32d8602
informantnumber: A5561
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 04/10/2012
hearing_title: Timaru HRC 14 October 2012 - R 10
charge:
Alleged driving in a manner causing interference.
facts:
Following the running of Race 10, the Family Xmas Meeting Saturday 8 December Mobile Pace, an Information was filed by Stipendiary Steward Mr N. M. Ydgren against Open Horseman Mr G. C. Telfer, the driver of GRESHEES ANGEL (5) alleging a breach of Rule 869(4) in that he drove in a manner causing interference.
The Information reads as follows.
“I the above named informant allege that the above named Respondent committed a breach of Rule 869(4) (in that) G. Telfer drove in a manner that caused interference during the early stages of the race.”
Rule 869(4) provides 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.”
Mr Telfer had indicated on the Information that this breach of the Rules was admitted, and he also agreed that he understood the charge and the Rule it was brought under.
appealdecision:
isappeal:
submissionsfordecision:
There had previously been a protest hearing after which Mr Telfer’s horse, GRESHEES ANGEL had been relegated from 3rd to 4th. It was agreed by the parties that the evidence from that hearing would form the basis for this hearing. Stipendiary Steward Mr N. M. Ydgren advised that he did not want to add to the evidence given at the protest hearing.
Mr Telfer repeated his evidence that he believed that this incident could have been avoided had Ms Hickman eased her horse.
reasonsfordecision:
Decision:
As Mr Telfer had admitted the charge it was found to be proved in accordance with Rule 1111(1)(d).
sumissionsforpenalty:
In relation to penalty Mr Ydgren submitted that it should be taken into account that the breach was admitted and that Mr Telfer had not previously breached this Rule. Mr Ydgren also said that this breach was assessed to be at the lower end of the scale, and that a more experienced driver than Ms Hickman might have eased. Mr Ydgren referred to the Penalty Guide which recommends a starting point of 8 drives or a fine of $400 for a breach of this Rule, although we do note that the recommended starting point is 10 drives or a fine $500 where the careless driving results in a relegation.
Mr Ydgren advised that Mr Telfer preferred a suspension to a fine in this case, and Mr Telfer confirmed this preference. Mr Ydgren submitted that a suspension of 2 – 3 days would be appropriate in this case. The upcoming race meetings were NZMTC on 19 October 2012, Tuapeka HRC at Forbury Park on 21 October 2012, and Ashburton TC on 22 October 2012.
Mr Telfer had no submissions to make with regard to penalty.
reasonsforpenalty:
In determining an appropriate penalty in this case we took into account, to Mr Telfer’s credit, that he had a clear record and that he had admitted the breach. We also accept Mr Ydgren’s assessment that this breach was at the lower end of the scale. On the other hand Mr Telfer’s driving did result in the relegation of his horse from 3rd to 4th place, which affected investors on the horse. We were satisfied that a three (3) day suspension should be imposed in this case.
penalty:
On resuming the hearing we informed the parties that Mr Telfer’s Graduation Horseman’s licence was suspended from after the completion of racing on 14 October 2012, until after the completion of racing on 22 October 2012. This period of suspension included race meetings at NZMTC on 19 October 2012, the Tuapeka HRC meeting at Forbury Park on 21 October 2012, and the Ashburton TC meeting on 22 October 2012.
hearing_type: Hearing
Rules: Rule 869(4)
Informant: Mr N. M. Ydgren - Stipendiary Steward
JockeysandTrainer: Mr G. C. Telfer - Graduation Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: e246c9d5bc5dc7fd2cdbc6b7d865ccc0
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 940c0ec649e0a5a329d71586b95bc470
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 14/10/2012
meet_title: Timaru HRC - 14 October 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: timaru-hrc
meet_racingtype: harness-racing
meet_chair: JPhelan
meet_pm1: JMillar
meet_pm2: none
name: Timaru HRC