Timaru HRC 8 October 2017 – R 3 – Chair, Mr S Ching
ID: JCA10707
Meet Title:
Timaru HRC - 8 October 2017
Meet Chair:
SChing
Meet Committee Member 1:
GClapp
Race Date:
2017/10/08
Race Number:
R3
Decision:
As Mr Sissons had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
Accordingly, Mr Sissons was suspended for a period of 2 months from the conclusion of racing on 12 October 2017 up to and including 13 December 2017.
Facts:
Following the running of Race 3, the Supreme Equine Feed Mobile Pace, an information was filed by Stipendiary Steward, Mr S Renault, against Advanced Amateur Horseman, Mr R Sissons, alleging a breach of Rule 869(3)(b) in that he drove carelessly after 200m when shifting inwards and not clear, causing RED RIVER LOCHEE, driven by Mr J McDermott, to break with trailing runners being hampered.
Mr Sissons had indicated on the Information that this breach of the Rules was admitted which he confirmed at the hearing. He also confirmed 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 Renault gave evidence and used video coverage, with the assistance of Stipendiary Steward, Mr R Quirk, to show that approximately 200m after the start, FRANCO CALIPH, which had drawn 3 on the front line, driven by Mr Sissons, was in a 3-wide position with RED RIVER LOCHEE (J McDermott), who had drawn 2 on the front line, in a 2-wide position with BETTOR BACKIM (P Cook), who had drawn 1 on the second line, on the inside of RED RIVER LOCHEE. Mr Renault stated that as the horses were racing into the first bend, Mr McDermott was maintaining his position in the 2-wide line with Mr Cook on his inner on the pylons. He said that Mr Sissons, shifted inwards to a 2-wide position but was not at any stage clear of Mr McDermott, who was placed in restricted room and as a consequence struck the wheel of Mr Sissons horse, breaking and losing all chance. Trailing runners were hampered when having to take evasive action avoiding the breaking RED RIVER LOCHEE. Mr Renault stated that Mr Sissons has misjudged the movement inwards and was not clear of Mr McDermott. The carelessness, he said, was at a low to mid-level with subsequent consequences of his carelessness, mid-level.
Mr Sissons stated that he accepted that his wheel touched Mr McDermott’s’ horses leg. He also said that if he was 3 wide or 2 ½ wide there was not a lot in it and did not know there was another horse inside Mr McDermott. He believed he was virtually clear of Mr McDermott and Mr McDermott may have shifted out slightly but acknowledged he was not clear and contributed to the incident.
Submissions for Penalty:
Mr Renault informed the Committee that Mr Sissons has had to date 132 lifetime drives with 22 last season and 4 drives so far this season. He said that Mr Sissons' penalty record showed a breach of this rule at Rangiora on 13 August 2017 where he was fined the sum of $400. Mr Renault said that the JCA Penalty Guide provided for a 3-day suspension for a second breach of this rule within a 4-month period. He said that it was difficult to quantify a meaningful penalty for an amateur driver as the opportunity to drive was restricted to approximately twice per month. Due to those factors he submitted that a period of suspension being 2 months be considered as penalty in this case.
Mr Sissons submitted that, if at all possible, a fine would be a preferred penalty. Mr Sissons also made application for a deferment of penalty, if a suspension was imposed, until after racing at Addington on Thursday 12 October.
Reasons for Penalty:
The JCA Penalty Guide recommends a 3-day suspension for a 2nd breach of this rule within a 4-month period. Mr Sissons submission for a fine was considered but there were no extenuating circumstances presented to the Committee to consider a shift from the penalty guide provision of a suspension for a second breach of this rule. Taking all factors into consideration, including the difficulty of imposing a meaningful penalty, we found that a period of suspension was an appropriate penalty in this case. This period of suspension we set at 2 months.
Mr Sissons' application for a deferment until after racing on Thursday 12 October was granted.
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: 08e80901ad16f572cf315128eba53e0d
informantnumber: A9864
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless driving
plea: admitted
penaltyrequired: 1
decisiondate: 09/10/2017
hearing_title: Timaru HRC 8 October 2017 - R 3 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 3, the Supreme Equine Feed Mobile Pace, an information was filed by Stipendiary Steward, Mr S Renault, against Advanced Amateur Horseman, Mr R Sissons, alleging a breach of Rule 869(3)(b) in that he drove carelessly after 200m when shifting inwards and not clear, causing RED RIVER LOCHEE, driven by Mr J McDermott, to break with trailing runners being hampered.
Mr Sissons had indicated on the Information that this breach of the Rules was admitted which he confirmed at the hearing. He also confirmed 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 Renault gave evidence and used video coverage, with the assistance of Stipendiary Steward, Mr R Quirk, to show that approximately 200m after the start, FRANCO CALIPH, which had drawn 3 on the front line, driven by Mr Sissons, was in a 3-wide position with RED RIVER LOCHEE (J McDermott), who had drawn 2 on the front line, in a 2-wide position with BETTOR BACKIM (P Cook), who had drawn 1 on the second line, on the inside of RED RIVER LOCHEE. Mr Renault stated that as the horses were racing into the first bend, Mr McDermott was maintaining his position in the 2-wide line with Mr Cook on his inner on the pylons. He said that Mr Sissons, shifted inwards to a 2-wide position but was not at any stage clear of Mr McDermott, who was placed in restricted room and as a consequence struck the wheel of Mr Sissons horse, breaking and losing all chance. Trailing runners were hampered when having to take evasive action avoiding the breaking RED RIVER LOCHEE. Mr Renault stated that Mr Sissons has misjudged the movement inwards and was not clear of Mr McDermott. The carelessness, he said, was at a low to mid-level with subsequent consequences of his carelessness, mid-level.
Mr Sissons stated that he accepted that his wheel touched Mr McDermott’s’ horses leg. He also said that if he was 3 wide or 2 ½ wide there was not a lot in it and did not know there was another horse inside Mr McDermott. He believed he was virtually clear of Mr McDermott and Mr McDermott may have shifted out slightly but acknowledged he was not clear and contributed to the incident.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Sissons had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
sumissionsforpenalty:
Mr Renault informed the Committee that Mr Sissons has had to date 132 lifetime drives with 22 last season and 4 drives so far this season. He said that Mr Sissons' penalty record showed a breach of this rule at Rangiora on 13 August 2017 where he was fined the sum of $400. Mr Renault said that the JCA Penalty Guide provided for a 3-day suspension for a second breach of this rule within a 4-month period. He said that it was difficult to quantify a meaningful penalty for an amateur driver as the opportunity to drive was restricted to approximately twice per month. Due to those factors he submitted that a period of suspension being 2 months be considered as penalty in this case.
Mr Sissons submitted that, if at all possible, a fine would be a preferred penalty. Mr Sissons also made application for a deferment of penalty, if a suspension was imposed, until after racing at Addington on Thursday 12 October.
reasonsforpenalty:
The JCA Penalty Guide recommends a 3-day suspension for a 2nd breach of this rule within a 4-month period. Mr Sissons submission for a fine was considered but there were no extenuating circumstances presented to the Committee to consider a shift from the penalty guide provision of a suspension for a second breach of this rule. Taking all factors into consideration, including the difficulty of imposing a meaningful penalty, we found that a period of suspension was an appropriate penalty in this case. This period of suspension we set at 2 months.
Mr Sissons' application for a deferment until after racing on Thursday 12 October was granted.
penalty:
Accordingly, Mr Sissons was suspended for a period of 2 months from the conclusion of racing on 12 October 2017 up to and including 13 December 2017.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr S Renault - Stipendiary Steward
JockeysandTrainer: Mr R Sissons - Advanced Amateur Horseman
Otherperson: Mr R Quirk - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: df34f56644fa7fe2be78712caaa4297e
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 13d19c7eb94eadc5f99a8b08af7c9099
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 08/10/2017
meet_title: Timaru HRC - 8 October 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: timaru-hrc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: GClapp
meet_pm2: none
name: Timaru HRC