Reefton TC 10 March 2013 – R 9
ID: JCA10703
Meet Title:
Reefton TC - 10 March 2013
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2013/03/10
Race Number:
R 9
Decision:
The charge was found to be proved.
Penalty:
Mr Weaver Open Horseman’s licence was suspended from the completion of racing on 10 March up to and including 17 March 2013 (2 effective days). This period of suspension is inclusive of 15 March at Addington and 17 March at Banks Peninsula.
Charge:
Careless driving.
Facts:
Following the running of Race 9, the Greymouth Star Pace, an information was filed by Stipendiary Steward Mr N M Ydgren against Open Horseman Mr B Weaver alleging a breach of Rule 869(3)(b) in that he drove carelessly when driving “Sobek” rounding the final bend.
Mr Weaver had indicated on the Information that this breach of the Rules was admitted and he had also informed the Stipendiary Stewards that he did not wish to be present at the hearing.
The charge reads as follows:
I, the above named informant allege that the above named Defendant committed a breach of Rule 869(3)(b) in that you drove carelessly rounding the final bend when allowing “Sobek” to strike the sulky wheel of Delgado (G D Smith) and break”
Rule 869(3)(b) reads as follows:
“(3) No horseman in any race shall drive:-
(b) carelessly:-
Submissions for Decision:
Mr Ydgren gave evidence and used video coverage to show that rounding the final bend near the 400m, Mr Weaver driving “Sobek”, attempted to shift the horse on his outer, “Will He Rule” , driven by Mr D Butt, outwards when looking to get onto the back of “Delgardo” driven by Mr G Smith. Mr Ydgren stated that Mr Weaver was not in a position to shift “Will He Rule “out at this point as he did not have an advantage on “Will He Rule”. During this movement Mr Weaver’s horse struck the sulky wheel of “Delgado”, breaking his own horse up.
Reasons for Decision:
As Mr Weaver had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Submissions for Penalty:
Mr Ydgren informed the Committee that Mr Weaver had a clear record and credit should be given for his ready admission of the breach. Mr Ydgren said that the Stewards would normally be looking for a fine of between $250 and $300 for this breach but if a suspension was imposed he submitted that a 5-6 drive suspension be considered.
Mr Ydgren submitted that Mr Weaver had indicated on the Information and to the Stewards that a suspension was preferred. Mr Ydgren stated the Stewards did not have an objection to a suspension and if a suspension was imposed that a penalty of two effective days be considered.
Reasons for Penalty:
In determining penalty, the Committee took into account Mr Weaver’s ready admission of the breach and his good record. The Committee determined that a suspension would be an appropriate penalty in this case with the length of suspension being 2 days.
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: 086233ac46db12c02e115349dca9f048
informantnumber: A4983
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 10/03/2013
hearing_title: Reefton TC 10 March 2013 - R 9
charge:
Careless driving.
facts:
Following the running of Race 9, the Greymouth Star Pace, an information was filed by Stipendiary Steward Mr N M Ydgren against Open Horseman Mr B Weaver alleging a breach of Rule 869(3)(b) in that he drove carelessly when driving “Sobek” rounding the final bend.
Mr Weaver had indicated on the Information that this breach of the Rules was admitted and he had also informed the Stipendiary Stewards that he did not wish to be present at the hearing.
The charge reads as follows:
I, the above named informant allege that the above named Defendant committed a breach of Rule 869(3)(b) in that you drove carelessly rounding the final bend when allowing “Sobek” to strike the sulky wheel of Delgado (G D Smith) and break”
Rule 869(3)(b) reads as follows:
“(3) No horseman in any race shall drive:-
(b) carelessly:-
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren gave evidence and used video coverage to show that rounding the final bend near the 400m, Mr Weaver driving “Sobek”, attempted to shift the horse on his outer, “Will He Rule” , driven by Mr D Butt, outwards when looking to get onto the back of “Delgardo” driven by Mr G Smith. Mr Ydgren stated that Mr Weaver was not in a position to shift “Will He Rule “out at this point as he did not have an advantage on “Will He Rule”. During this movement Mr Weaver’s horse struck the sulky wheel of “Delgado”, breaking his own horse up.
reasonsfordecision:
As Mr Weaver had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Decision:
The charge was found to be proved.
sumissionsforpenalty:
Mr Ydgren informed the Committee that Mr Weaver had a clear record and credit should be given for his ready admission of the breach. Mr Ydgren said that the Stewards would normally be looking for a fine of between $250 and $300 for this breach but if a suspension was imposed he submitted that a 5-6 drive suspension be considered.
Mr Ydgren submitted that Mr Weaver had indicated on the Information and to the Stewards that a suspension was preferred. Mr Ydgren stated the Stewards did not have an objection to a suspension and if a suspension was imposed that a penalty of two effective days be considered.
reasonsforpenalty:
In determining penalty, the Committee took into account Mr Weaver’s ready admission of the breach and his good record. The Committee determined that a suspension would be an appropriate penalty in this case with the length of suspension being 2 days.
penalty:
Mr Weaver Open Horseman’s licence was suspended from the completion of racing on 10 March up to and including 17 March 2013 (2 effective days). This period of suspension is inclusive of 15 March at Addington and 17 March at Banks Peninsula.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr N M Ydgren - Stipendiary Steward
JockeysandTrainer: Mr B Weaver - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 49ee7985dd0ad0ae70ef68241b9abe89
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 796a15fa6f22e190790b845083e3bfc6
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 10/03/2013
meet_title: Reefton TC - 10 March 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: reefton-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: Reefton TC