Nelson HRC 13 January 2019 – R 1- Chair, Mr P Williams
ID: JCA11056
Meet Title:
Nelson HRC - 13 January 2019
Meet Chair:
PWilliams
Meet Committee Member 1:
TUtikere
Race Date:
2019/01/13
Race Number:
R 1
Decision:
Penalty:
Facts:
Following the running of Race 1, the “Houston Motors and NJ Business Services Mobile Pace”, Information A10833 was filed by Stipendiary Steward Mr S Renault against Junior Driver Mr B Hope alleging “you drove carelessly by shifting ground when insufficiently clear of “Midas Touch” after 200m resulting in “Midas Touch’ being checked”. Mr Hope, who was assisted during the hearing by Open Horseman Mr G O’Reilly, signed the Information admitting the breach and at the beginning of the hearing confirmed that was correct and that he understood the Rule under which he was charged.
Rule 869(3)(b) states:- “No horseman in any race shall drive carelessly”.
Using the head on film of the start of the Race Mr Renault highlighted Mr Keast driving “Midas Touch” which had drawn 1 racing to the lead inside the first 150m. He then pointed out Mr Hope, who had started from 4 behind the mobile, shifting inwards towards the rail and in continuing that movement coming across in front of Mr Keast when not the required distance clear which resulted in Mr Keast having to take a hold of his horse and restrain it which led to him losing his position of leading the Race. Mr Renault said Mr Hope’s actions had enabled him to get to a position ahead of the field that he was not entitled to because of the check caused to Mr Keast.
Mr Hope conceded he had moved across too quick but thought he was always going to be able to cross Mr Keast and get to the marker line. He accepted he should have been more careful and thought he “had an advantage” on him but that was clearly not the case as Mr Keast continued to chase his horse to maintain his position in leading the field. To a question from the Committee he said he thought the film made the incident worse than it was but he was aware that his horse was inclined to run in in her races.
Mr O’Reilly said that whilst Mr Keast had been squeezed up he didn’t think the check received by him was severe.
Submissions for Penalty:
Mr Renault said Mr Hope had a clear record in relation to this Rule. He had had 91 drives so far this season and 117 last season. He said the JCA’s Penalty Guidelines state a starting point for a breach of this Rule is a $500 fine or a 10-drive suspension. He said the Stewards assessed the severity of the carelessness at the high end because, from looking at the angle of his horse’s head when coming across, it was clear Mr Hope fully intended to get to the marker line without any thought as to the consequences of his actions. In mitigation he said Mr Hope had admitted the breach, a good record and was a junior driver. He said the Stewards submitted that a period of suspension was an appropriate penalty and that it be for 10 drives. He said because Mr May was the first choice driver for the Hope training partnership it was difficult to come up with a meaningful average number of drives Mr Hope had each raceday but based on an average of 3 drives per meeting the Stewards were seeking a suspension of 3 days.
Mr Hope said he could have anywhere between 1 and 6 drives each race meeting. He confirmed he did not know how many drives he would have at the upcoming 2-day Blenheim meeting as it depended on whether Mr May would be driving there. He did say he had a probable drive at the upcoming Invercargill meeting. Mr Hope said he wished any period of suspension to commence after racing at Timaru on 16 January 2019.
Reasons for Penalty:
The Committee has reviewed the films of the incident and the evidence and submissions from all parties. It is clear Mr Hope has come across at speed from his position of 4 behind the mobile and was determined to get to the lead as quickly as possible. Because Mr Keast did not want to relinquish his position as the leader of the race after the first 200m Mr Hope ended up crossing Mr Keast without being the required distance clear which resulted in Mr Keast’s horse being checked.
Whilst Mr Hope was intent on getting to the lead we do not consider the severity of the breach to be high and place it in the mid-range. Mr Keast’s horse did not break and once settled he was able to move out and around Mr Hope and assume the lead position once more.
The starting point penalty for a mid-range breach of this Rule is a 10-drive suspension or a $500 fine. The Committee believes a suspension is an appropriate penalty. Mr Renault said he believed Mr Hope averaged 3 drives each race meeting and whilst Mr Hope said the number could be anything from 1 to 6 he did not dispute an average figure of 3.
The Committee notes Mr Hope’s clear record in relation to this breach and his admittance of the breach.
Mr Hope’s request for any suspension imposed to commence after racing at Timaru on 16 January 2019 is approved in terms of Rule 1304.
Taking all of the above into account, but placing no significance on him being a junior driver, we have afforded him a 1-day reduction from the starting point penalty and accordingly he is suspended for 3 days. For completeness those days are 18 and 20 January 2019 (Blenheim) and 21 January 2019 (Invercargill).
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: 0c18aceb0c51315323c540c5ab1d43a0
informantnumber: 10833
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: admitted
penaltyrequired: 1
decisiondate: 14/01/2019
hearing_title: Nelson HRC 13 January 2019 - R 1- Chair, Mr P Williams
charge:
facts:
Following the running of Race 1, the “Houston Motors and NJ Business Services Mobile Pace”, Information A10833 was filed by Stipendiary Steward Mr S Renault against Junior Driver Mr B Hope alleging “you drove carelessly by shifting ground when insufficiently clear of “Midas Touch” after 200m resulting in “Midas Touch’ being checked”. Mr Hope, who was assisted during the hearing by Open Horseman Mr G O’Reilly, signed the Information admitting the breach and at the beginning of the hearing confirmed that was correct and that he understood the Rule under which he was charged.
Rule 869(3)(b) states:- “No horseman in any race shall drive carelessly”.
Using the head on film of the start of the Race Mr Renault highlighted Mr Keast driving “Midas Touch” which had drawn 1 racing to the lead inside the first 150m. He then pointed out Mr Hope, who had started from 4 behind the mobile, shifting inwards towards the rail and in continuing that movement coming across in front of Mr Keast when not the required distance clear which resulted in Mr Keast having to take a hold of his horse and restrain it which led to him losing his position of leading the Race. Mr Renault said Mr Hope’s actions had enabled him to get to a position ahead of the field that he was not entitled to because of the check caused to Mr Keast.
Mr Hope conceded he had moved across too quick but thought he was always going to be able to cross Mr Keast and get to the marker line. He accepted he should have been more careful and thought he “had an advantage” on him but that was clearly not the case as Mr Keast continued to chase his horse to maintain his position in leading the field. To a question from the Committee he said he thought the film made the incident worse than it was but he was aware that his horse was inclined to run in in her races.
Mr O’Reilly said that whilst Mr Keast had been squeezed up he didn’t think the check received by him was severe.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
sumissionsforpenalty:
Mr Renault said Mr Hope had a clear record in relation to this Rule. He had had 91 drives so far this season and 117 last season. He said the JCA’s Penalty Guidelines state a starting point for a breach of this Rule is a $500 fine or a 10-drive suspension. He said the Stewards assessed the severity of the carelessness at the high end because, from looking at the angle of his horse’s head when coming across, it was clear Mr Hope fully intended to get to the marker line without any thought as to the consequences of his actions. In mitigation he said Mr Hope had admitted the breach, a good record and was a junior driver. He said the Stewards submitted that a period of suspension was an appropriate penalty and that it be for 10 drives. He said because Mr May was the first choice driver for the Hope training partnership it was difficult to come up with a meaningful average number of drives Mr Hope had each raceday but based on an average of 3 drives per meeting the Stewards were seeking a suspension of 3 days.
Mr Hope said he could have anywhere between 1 and 6 drives each race meeting. He confirmed he did not know how many drives he would have at the upcoming 2-day Blenheim meeting as it depended on whether Mr May would be driving there. He did say he had a probable drive at the upcoming Invercargill meeting. Mr Hope said he wished any period of suspension to commence after racing at Timaru on 16 January 2019.
reasonsforpenalty:
The Committee has reviewed the films of the incident and the evidence and submissions from all parties. It is clear Mr Hope has come across at speed from his position of 4 behind the mobile and was determined to get to the lead as quickly as possible. Because Mr Keast did not want to relinquish his position as the leader of the race after the first 200m Mr Hope ended up crossing Mr Keast without being the required distance clear which resulted in Mr Keast’s horse being checked.
Whilst Mr Hope was intent on getting to the lead we do not consider the severity of the breach to be high and place it in the mid-range. Mr Keast’s horse did not break and once settled he was able to move out and around Mr Hope and assume the lead position once more.
The starting point penalty for a mid-range breach of this Rule is a 10-drive suspension or a $500 fine. The Committee believes a suspension is an appropriate penalty. Mr Renault said he believed Mr Hope averaged 3 drives each race meeting and whilst Mr Hope said the number could be anything from 1 to 6 he did not dispute an average figure of 3.
The Committee notes Mr Hope’s clear record in relation to this breach and his admittance of the breach.
Mr Hope’s request for any suspension imposed to commence after racing at Timaru on 16 January 2019 is approved in terms of Rule 1304.
Taking all of the above into account, but placing no significance on him being a junior driver, we have afforded him a 1-day reduction from the starting point penalty and accordingly he is suspended for 3 days. For completeness those days are 18 and 20 January 2019 (Blenheim) and 21 January 2019 (Invercargill).
penalty:
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr S Renault - Stipendiary Steward
JockeysandTrainer: Mr B Hope - Junior Horseman
Otherperson: Mr G O'Reilly - Open Horseman
PersonPresent:
Respondent:
StipendSteward:
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race_title: R 1
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meetdate: 13/01/2019
meet_title: Nelson HRC - 13 January 2019
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tracklocation: nelson-hrc
meet_racingtype: harness-racing
meet_chair: PWilliams
meet_pm1: TUtikere
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name: Nelson HRC