NZ Metro TC 12 April 2019 – R 1 – Chair, Mr D Anderson
ID: JCA10928
Meet Title:
NZ Metro TC - 12 April 2019
Meet Chair:
DAnderson
Meet Committee Member 1:
RMcKenzie
Race Date:
2019/04/12
Race Number:
R 1
Decision:
Mr Wallace having admitted the breach; the charge was found proved.
Penalty:
Accordingly, Mr Wallace’s licence to drive is suspended from the conclusion of racing on 12 April 2019 up to and including racing on 12 September 2019.
Facts:
Following the running of Race 1, the Bishopdale/Bush Inn TAB’S (Amateur Drivers) Mobile Pace, an information was filed by Chief Stipendiary Steward, Mr N Ydgren, against Amateur Driver Mr P Wallace alleging that. “P Wallace (SENORITA MARGARITA) drove carelessly racing into the first bend when shifting ground inwards checking KANSAS CITY JIM (N Chalmers) and CHELSEA ELLA (S Murtha)”.
Mr Wallace had signed the Information admitting the breach and did not wish to be present at the hearing of the Information.
Rule 869(3) (b) provides as follows:
(3) no horseman in any race shall drive:
(b) carelessly
Mr Ydgren asked Mr Quirk to identify Mr Wallace four wide racing into the first bend. Mr Quirk pointed to KANSAS CITY JIM who was three wide and to its inside CHELSEA ELLA, one off the rail. Mr Ydgren said Mr Wallace has shifted in and squeezed both horses into one position with the result being both galloped and lost ground. He said the flow on affect of this was many of the horses following had to be checked.
Mr Ydgren stated Mr Wallace said his horse was hanging inwards and this had contributed to the incident but the Stewards could see no evidence of this and were of the firm opinion SENORITA MARGARITA was certainly steered inwards and caused the interference.
Submissions for Penalty:
Mr Ydgren said Mr Wallace had a clear record for this rule and although he has admitted the breach, the Stewards' opinion is this incident was almost undefendable.
He said the Penalty Guide has a $500 fine or a 10- drive suspension as a starting point and a suspension was the policy for a breach where a driver shifts ground and causes interference. The Stewards saw this case as mid to high range as 2 horses had galloped and several others were inconvenienced.
Mr Ydgren said he advised Mr Wallace they would be seeking a 10-drive suspension as Penalty and Mr Wallace responded by saying he would read about it.
Reasons for Penalty:
The JCA penalty Guidelines for the rule provides a $500 fine or a 10-drive suspension. The Committee agree a suspension is appropriate in this case.
The Aggravating factors are Mr Wallace has caused significant interference to 2 runners which impacted on many following horses changing the dynamics of the race.
The Mitigating factors are Mr Wallace’s good record and admission of the breach.
The Committee having regard for the above factors, considered a 10-drive suspension as an appropriate penalty in this case. In regard to Amateur Drivers having only 2 driving opportunities per month this would equate to a 5-month period of suspension.
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: 10171cb2c4ed7a605e64b78e394be82f
informantnumber: A12441
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: admitted
penaltyrequired: 1
decisiondate: 15/04/2019
hearing_title: NZ Metro TC 12 April 2019 - R 1 - Chair, Mr D Anderson
charge:
facts:
Following the running of Race 1, the Bishopdale/Bush Inn TAB’S (Amateur Drivers) Mobile Pace, an information was filed by Chief Stipendiary Steward, Mr N Ydgren, against Amateur Driver Mr P Wallace alleging that. “P Wallace (SENORITA MARGARITA) drove carelessly racing into the first bend when shifting ground inwards checking KANSAS CITY JIM (N Chalmers) and CHELSEA ELLA (S Murtha)”.
Mr Wallace had signed the Information admitting the breach and did not wish to be present at the hearing of the Information.
Rule 869(3) (b) provides as follows:
(3) no horseman in any race shall drive:
(b) carelessly
Mr Ydgren asked Mr Quirk to identify Mr Wallace four wide racing into the first bend. Mr Quirk pointed to KANSAS CITY JIM who was three wide and to its inside CHELSEA ELLA, one off the rail. Mr Ydgren said Mr Wallace has shifted in and squeezed both horses into one position with the result being both galloped and lost ground. He said the flow on affect of this was many of the horses following had to be checked.
Mr Ydgren stated Mr Wallace said his horse was hanging inwards and this had contributed to the incident but the Stewards could see no evidence of this and were of the firm opinion SENORITA MARGARITA was certainly steered inwards and caused the interference.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Wallace having admitted the breach; the charge was found proved.
sumissionsforpenalty:
Mr Ydgren said Mr Wallace had a clear record for this rule and although he has admitted the breach, the Stewards' opinion is this incident was almost undefendable.
He said the Penalty Guide has a $500 fine or a 10- drive suspension as a starting point and a suspension was the policy for a breach where a driver shifts ground and causes interference. The Stewards saw this case as mid to high range as 2 horses had galloped and several others were inconvenienced.
Mr Ydgren said he advised Mr Wallace they would be seeking a 10-drive suspension as Penalty and Mr Wallace responded by saying he would read about it.
reasonsforpenalty:
The JCA penalty Guidelines for the rule provides a $500 fine or a 10-drive suspension. The Committee agree a suspension is appropriate in this case.
The Aggravating factors are Mr Wallace has caused significant interference to 2 runners which impacted on many following horses changing the dynamics of the race.
The Mitigating factors are Mr Wallace’s good record and admission of the breach.
The Committee having regard for the above factors, considered a 10-drive suspension as an appropriate penalty in this case. In regard to Amateur Drivers having only 2 driving opportunities per month this would equate to a 5-month period of suspension.
penalty:
Accordingly, Mr Wallace’s licence to drive is suspended from the conclusion of racing on 12 April 2019 up to and including racing on 12 September 2019.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr N Ydgren - Chief Stipendiary Steward
JockeysandTrainer: Mr P Wallace - Amateur Driver
Otherperson: Mr R Quirk - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 3a5e1c1c8b5263b0e4e6966f0cc3a3cd
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 10e10e28e5b4629eabe8682cf536b3ba
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 12/04/2019
meet_title: NZ Metro TC - 12 April 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: DAnderson
meet_pm1: RMcKenzie
meet_pm2: none
name: NZ Metro TC