HR Waikato 7 May 2015 – R 5
ID: JCA10994
Meet Title:
Harness Racing Waikato - 7 May 2015
Meet Chair:
AGodsalve
Meet Committee Member 1:
ADooley
Race Date:
2015/05/07
Race Number:
R5
Decision:
As Mr Alexander admitted this breach we find the charge proved.
Penalty:
The Committee therefore imposed a fine of $200 on Mr Alexander.
Facts:
Following the running of Race 5, the FiberEzy FILLIES AND MARES MOBILE PACE, an Information was lodged by Mr Mulcay alleging that Horseman Mr D Alexander had committed a breach of Rule 869(3)(b) and the Easing Down Regulations. Mr Mulcay alleged that Mr Alexander drove carelessly on the first turn by failing to concede to CHEQUEME ROSIE (Mr P Butcher) which resulted in IDEALISTIC breaking gait.
Mr Alexander was present at the hearing and acknowledged that he admitted the breach and that he understood the relevant Rule and Regulation.
Rule 869(3)(b) provides' No horseman in any race shall drive carelessly'
The Easing Down Regulations provide that' Subject to Rule 869(3), Careless Driving, 869(4) Causing Interference, horsemen shall be permitted to make moves with safety, provided they are in a position to do so by having a 'clear advantage' over the horse they are about to move inwards, and the horse is clear of other horses on its' inside so it can be moved in and that the manoeuvre is conducted in a gradual and acceptable manner. Easing Down applies during the final 1000 metres, regardless of margin so long as it does not cause interference. Any horseman who fails to concede when not in a position to maintain his/her place may be charged under Rule 869(3) Careless Driving'.
Outlining the Stewards' submissions, Mr Mulcay began by explaining the Easing Down Regulations. Mr Muirhead then used the available films to point out that on the first turn of the race, IDEALISTIC had been racing in a position behind CULLIES DELIGHT driven by Mr T Mitchell. Outside IDEALISTIC was CHEQUEME ROSIE driven by Mr P Butcher. There was clear room inside IDEALISTIC for Mr Alexander to move inwards at the time. It was clear that CHEQUEME ROSIE was intending to move inwards towards IDEALISTIC, however Mr Alexander did not attempt to move IDEALISTIC in. As a result CHEQUEME ROSIE and IDEALISTIC made contact, which resulted in IDEALISTIC going off stride for several strides before regaining its gait.
Mr Mulcay stated that Mr Alexander should have conceded and made a gradual movement inwards when CHEQUEME ROSIE made movement towards it. He added that the consequences were relatively minor, and that Mr Alexander had cost himself ground.
Mr Alexander stated that he thought he was entitled to hold his position, however now accepted that he was in the wrong.
Submissions for Penalty:
Mr Mulcay advised the Committee that Mr Alexander had a clear record of any breaches of this Rule and could be given credit for his admission of the breach. He referred to the JCA Penalty Guide which showed a starting point of a $500 fine or a 10 drive suspension. Mr Mulcay stated that the consequences of Mr Alexander's actions were minimal and that his own horse was the only real victim. He stated that the stewards felt that the matter could be dealt with by way of a fine and advised that an amount of $200 would be appropriate under the circumstances.
Mr Alexander had nothing to add.
Reasons for Penalty:
The Committee took into account all of the submissions and viewed the films of the incident. We acknowledge Mr Alexander's admission of the breach, and accept that the incident was of fairly minor consequence. We agree with Mr Mulcay's submissions in respect of a penalty and given Mr Alexander's clear record, considered that an appropriate penalty would be a significant reduction from the starting point of $500.
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: 1852f00930c4ffc4f9ef50e9ab3a620a
informantnumber: A3668
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: admitted
penaltyrequired: 1
decisiondate: 06/05/2015
hearing_title: HR Waikato 7 May 2015 - R 5
charge:
facts:
Following the running of Race 5, the FiberEzy FILLIES AND MARES MOBILE PACE, an Information was lodged by Mr Mulcay alleging that Horseman Mr D Alexander had committed a breach of Rule 869(3)(b) and the Easing Down Regulations. Mr Mulcay alleged that Mr Alexander drove carelessly on the first turn by failing to concede to CHEQUEME ROSIE (Mr P Butcher) which resulted in IDEALISTIC breaking gait.
Mr Alexander was present at the hearing and acknowledged that he admitted the breach and that he understood the relevant Rule and Regulation.
Rule 869(3)(b) provides' No horseman in any race shall drive carelessly'
The Easing Down Regulations provide that' Subject to Rule 869(3), Careless Driving, 869(4) Causing Interference, horsemen shall be permitted to make moves with safety, provided they are in a position to do so by having a 'clear advantage' over the horse they are about to move inwards, and the horse is clear of other horses on its' inside so it can be moved in and that the manoeuvre is conducted in a gradual and acceptable manner. Easing Down applies during the final 1000 metres, regardless of margin so long as it does not cause interference. Any horseman who fails to concede when not in a position to maintain his/her place may be charged under Rule 869(3) Careless Driving'.
Outlining the Stewards' submissions, Mr Mulcay began by explaining the Easing Down Regulations. Mr Muirhead then used the available films to point out that on the first turn of the race, IDEALISTIC had been racing in a position behind CULLIES DELIGHT driven by Mr T Mitchell. Outside IDEALISTIC was CHEQUEME ROSIE driven by Mr P Butcher. There was clear room inside IDEALISTIC for Mr Alexander to move inwards at the time. It was clear that CHEQUEME ROSIE was intending to move inwards towards IDEALISTIC, however Mr Alexander did not attempt to move IDEALISTIC in. As a result CHEQUEME ROSIE and IDEALISTIC made contact, which resulted in IDEALISTIC going off stride for several strides before regaining its gait.
Mr Mulcay stated that Mr Alexander should have conceded and made a gradual movement inwards when CHEQUEME ROSIE made movement towards it. He added that the consequences were relatively minor, and that Mr Alexander had cost himself ground.
Mr Alexander stated that he thought he was entitled to hold his position, however now accepted that he was in the wrong.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Alexander admitted this breach we find the charge proved.
sumissionsforpenalty:
Mr Mulcay advised the Committee that Mr Alexander had a clear record of any breaches of this Rule and could be given credit for his admission of the breach. He referred to the JCA Penalty Guide which showed a starting point of a $500 fine or a 10 drive suspension. Mr Mulcay stated that the consequences of Mr Alexander's actions were minimal and that his own horse was the only real victim. He stated that the stewards felt that the matter could be dealt with by way of a fine and advised that an amount of $200 would be appropriate under the circumstances.
Mr Alexander had nothing to add.
reasonsforpenalty:
The Committee took into account all of the submissions and viewed the films of the incident. We acknowledge Mr Alexander's admission of the breach, and accept that the incident was of fairly minor consequence. We agree with Mr Mulcay's submissions in respect of a penalty and given Mr Alexander's clear record, considered that an appropriate penalty would be a significant reduction from the starting point of $500.
penalty:
The Committee therefore imposed a fine of $200 on Mr Alexander.
hearing_type: Hearing
Rules: Rule 869(3)(b) and Easing Down Regulations.
Informant: Mr S Mulcay - Stipendiary Steward
JockeysandTrainer: Mr D Alexander, Horseman, driver of Idealistic
Otherperson: Mr J M Muirhead - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 20f6cc3ea4b38877064cdc8cc7cefd7b
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 0d0ca742911776405b8f3d9c6ca703a6
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 07/05/2015
meet_title: Harness Racing Waikato - 7 May 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: harness-racing-waikato
meet_racingtype: harness-racing
meet_chair: AGodsalve
meet_pm1: ADooley
meet_pm2: none
name: Harness Racing Waikato