NZ Metro TC 10 December 2011 – R 5
ID: JCA10746
Meet Title:
NZ Metro TC - 10 December 2011
Meet Chair:
JPhelan
Meet Committee Member 1:
SChing
Race Date:
2011/12/10
Race Number:
R 5
Decision:
The charge was found to be proved.
Penalty:
Mr McCormick was fined the sum of $250.
Charge:
Alleged breach of Rule 869(3)(b).
Facts:
Following the running of Race 5, the Monstavision Superscreens Mobile Pace, an Information was filed by Stipendiary Steward, Mr N G McIntyre, against Junior Horseman, Mr L D McCormick, the Driver of “ME OLD MATE” (9), alleging a breach of Rule 869(3)(b) in that he drove carelessly.
The charge reads as follows:
“I, the above named informant, allege that the above named Respondent, committed a breach of Rule 869(3)(b) (in that) you shifted out carelessly on the final bend placing “LIMITED EDITION” and “RED RANSOM” in very tight quarters with a resultant check to “FLY THE FLAG”. “RED RANSOM” was checked into a gallop due to this.”
Rules 869(3)(b) reads as follows:
“(3) No horseman in any race shall drive:-
(b) carelessly.”
Mr McCormick is a Junior Horseman and he was assisted at this hearing by Open Horseman, Mr J R Dunn. Mr McCormick had indicated on the information, that this breach of the Rules was admitted and he confirmed this at the hearing. Mr McCormick also agreed that he understood the charge and the Rule it was brought under.
Submissions for Decision:
Mr McIntyre gave evidence and used video coverage to show that on the final bend, Mr McCormick moved his horse outwards when not clear of “LIMITED EDITION” (Miss M McIntyre), and as a result, there was interference to “RED RANSOM” (Mr T Williams) and “FLY THE FLAG” (Mr S Golding), with “RED RANSOM” breaking from its gait.
Mr McCormick gave evidence that he pushed “LIMITED EDITION” wider on the track to obtain a run, but he thought that the other two horses were further back than they in fact were.
Reasons for Decision:
As Mr McCormick had admitted this breach of the Rules, it was found to be proved in accordance with Rule 1111(1)(d).
Submissions for Penalty:
In relation to penalty, Mr McIntyre advised that Mr McCormick had not previously breached this Rule and had had 74 drives so far this season. He was a Junior Horseman and had admitted the breach. Mr McIntyre submitted that a fine in the vicinity of $250 to $300 should be imposed in this case.
There were discussions as to whether Mr McCormick preferred a suspension to a fine, but he decided that he would prefer a fine.
We adjourned to consider the matter of penalty.
Reasons for Penalty:
In relation to penalty, we took into account that Mr McCormick had admitted the breach, had a good record, and that he was a Junior Horseman. On the other hand, there was interference caused to other horses because of this incident.
We looked at previous penalties imposed in similar cases, and also at the Penalty Guide, which recommends a starting point for a penalty as eight drives or a $400 fine. Taking all of the above matters into account, we decided to impose a fine of $250.Mr
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: 12325dba5e1c95874f994e6ea850022b
informantnumber: A1038
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 04/12/2011
hearing_title: NZ Metro TC 10 December 2011 - R 5
charge:
Alleged breach of Rule 869(3)(b).
facts:
Following the running of Race 5, the Monstavision Superscreens Mobile Pace, an Information was filed by Stipendiary Steward, Mr N G McIntyre, against Junior Horseman, Mr L D McCormick, the Driver of “ME OLD MATE” (9), alleging a breach of Rule 869(3)(b) in that he drove carelessly.
The charge reads as follows:
“I, the above named informant, allege that the above named Respondent, committed a breach of Rule 869(3)(b) (in that) you shifted out carelessly on the final bend placing “LIMITED EDITION” and “RED RANSOM” in very tight quarters with a resultant check to “FLY THE FLAG”. “RED RANSOM” was checked into a gallop due to this.”
Rules 869(3)(b) reads as follows:
“(3) No horseman in any race shall drive:-
(b) carelessly.”
Mr McCormick is a Junior Horseman and he was assisted at this hearing by Open Horseman, Mr J R Dunn. Mr McCormick had indicated on the information, that this breach of the Rules was admitted and he confirmed this at the hearing. Mr McCormick also agreed that he understood the charge and the Rule it was brought under.
appealdecision:
isappeal:
submissionsfordecision:
Mr McIntyre gave evidence and used video coverage to show that on the final bend, Mr McCormick moved his horse outwards when not clear of “LIMITED EDITION” (Miss M McIntyre), and as a result, there was interference to “RED RANSOM” (Mr T Williams) and “FLY THE FLAG” (Mr S Golding), with “RED RANSOM” breaking from its gait.
Mr McCormick gave evidence that he pushed “LIMITED EDITION” wider on the track to obtain a run, but he thought that the other two horses were further back than they in fact were.
reasonsfordecision:
As Mr McCormick 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:
In relation to penalty, Mr McIntyre advised that Mr McCormick had not previously breached this Rule and had had 74 drives so far this season. He was a Junior Horseman and had admitted the breach. Mr McIntyre submitted that a fine in the vicinity of $250 to $300 should be imposed in this case.
There were discussions as to whether Mr McCormick preferred a suspension to a fine, but he decided that he would prefer a fine.
We adjourned to consider the matter of penalty.
reasonsforpenalty:
In relation to penalty, we took into account that Mr McCormick had admitted the breach, had a good record, and that he was a Junior Horseman. On the other hand, there was interference caused to other horses because of this incident.
We looked at previous penalties imposed in similar cases, and also at the Penalty Guide, which recommends a starting point for a penalty as eight drives or a $400 fine. Taking all of the above matters into account, we decided to impose a fine of $250.Mr
penalty:
Mr McCormick was fined the sum of $250.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr N G McIntyre - Stipendiary Steward
JockeysandTrainer: Mr L D McCormick - Junior Horseman
Otherperson: Mr J R Dunn - Open Horseman
PersonPresent:
Respondent:
StipendSteward:
raceid: c6ac1f52c77fc9868e48d524b17ccba7
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: ca6453c01ff3c83bcb3e5dccbe28218b
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 10/12/2011
meet_title: NZ Metro TC - 10 December 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: JPhelan
meet_pm1: SChing
meet_pm2: none
name: NZ Metro TC