Archive Decision

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Timaru HRC 23 November 2013 – R 2

ID: JCA11102

Applicant:
Mr N Ydgren-Stipendiary Steward

Respondent(s):
Mr R Needham-Open Horseman

Information Number:
A1647

Hearing Type:
Hearing

New Charge:
Breach of Rule 868(3)

Rules:
868(3)

Plea:
admitted

Meet Title:
Timaru HRC - 23 November 2013

Meet Chair:
SChing

Meet Committee Member 1:
RMcKenzie

Race Date:
2013/11/23

Race Number:
R2

Decision:

The charge was found to be proved.

Penalty:

Mr Needham was fined the sum of $300.

Facts:

Following the running of Race 2, the Marquee & Event Hire Mobile Pace, an information was filed by Stipendiary Steward, Mr N Ydgren, against Licensed Open Horseman, Mr R Needham, alleging that Mr Needham, as the driver of MAYBE FLYIN in the race, “failed to drive MAYBE FLYIN out over the concluding stages when in 4th place and as a result you have finished in 6th place.”

Rule 863(3) reads as follows:

“Every horseman shall drive his horse out to the end of the race if he has any reasonable chance of running 1st, 2nd, 3rd, 4th, 5th or 6th.”

The Stewards alleged that Mr Needham, driver of MAYBE FLYIN, ceased in his urgings of the mare in the final 80m when holding 4th place. The end result was that MAYBE FLYIN finished in 6th place, a total ½ head margin from 4th placed horse BATINI and 5th placed horse SHANTALIA STAR. Mr Ydgren showed the relevant video replays and pointed out Mr Needham stop driving MAYBE FLYIN out approximately 80m from the line when holding 4th position. He also showed Mr Needham put his whip away approximately 30m from the finish. Mr Needham continued to hold 4th place until the shadows of the post where he was beaten out of 4th and 5th place. Mr Ydgren submitted that with the short margin between 4th and 6th it was entirely reasonable to suggest that had Mr Needham continued to urge his horse on, there was reasonable chance of MAYBE FLYIN finishing in a better position. Mr Ydgren pointed out that the horses gait appeared to be fluent in the run home and there was no reason for Mr Needham to relieve himself of the obligation to continue to apply pressure to his horse until the finishing line.

Mr Needham submitted that the reason he put his whip away was that MAYBE FLYIN had come to the end of her run and was not making any ground. He stated that the mare was used up in the earlier stages of the race and even if he had urged the mare until the line it would have made no difference. He stated he did not believe he was ever going to finish in a better placing. He also conceded that he should have shown more vigour over the final 80m.

Submissions for Penalty:

Mr Ydgren stated that Mr Needham had 291 lifetime drives with 4 so far this season, 13 last season and 21 the previous season. He submitted that Mr Needham had a clear record in regard to this rule, had been open and frank with the Stewards and had admitted the breach at the first opportunity. Mr Ydgren stated that the JCA Penalty Guide indicated a starting point of 12 drives or $600 with particular regard to the placing involved. He submitted that a fine in the range of $300 to $350 be considered for this case.

Mr Needham submitted that he would prefer a fine as penalty.

Reasons for Penalty:

In determining penalty we have taken the starting point indicated in the JCA Penalty Guide of a $600 fine. Taking particular regard to the placing involved where the connections may have been denied a better stake and with the betting public possibly denied the possibility of a First 4 dividend, we were able to give Mr Needham a discount of $200. We were also able to give Mr Needham a discount of $100 for his good record and his frank and open admission of the breach. We therefore decided an appropriate penalty in this case was a fine of $300.

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: 0cecf08e759f5e5296c2ecdec37ccfe1


informantnumber: A1647


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Breach of Rule 868(3)


plea: admitted


penaltyrequired: 1


decisiondate: 18/11/2013


hearing_title: Timaru HRC 23 November 2013 - R 2


charge:


facts:

Following the running of Race 2, the Marquee & Event Hire Mobile Pace, an information was filed by Stipendiary Steward, Mr N Ydgren, against Licensed Open Horseman, Mr R Needham, alleging that Mr Needham, as the driver of MAYBE FLYIN in the race, “failed to drive MAYBE FLYIN out over the concluding stages when in 4th place and as a result you have finished in 6th place.”

Rule 863(3) reads as follows:

“Every horseman shall drive his horse out to the end of the race if he has any reasonable chance of running 1st, 2nd, 3rd, 4th, 5th or 6th.”

The Stewards alleged that Mr Needham, driver of MAYBE FLYIN, ceased in his urgings of the mare in the final 80m when holding 4th place. The end result was that MAYBE FLYIN finished in 6th place, a total ½ head margin from 4th placed horse BATINI and 5th placed horse SHANTALIA STAR. Mr Ydgren showed the relevant video replays and pointed out Mr Needham stop driving MAYBE FLYIN out approximately 80m from the line when holding 4th position. He also showed Mr Needham put his whip away approximately 30m from the finish. Mr Needham continued to hold 4th place until the shadows of the post where he was beaten out of 4th and 5th place. Mr Ydgren submitted that with the short margin between 4th and 6th it was entirely reasonable to suggest that had Mr Needham continued to urge his horse on, there was reasonable chance of MAYBE FLYIN finishing in a better position. Mr Ydgren pointed out that the horses gait appeared to be fluent in the run home and there was no reason for Mr Needham to relieve himself of the obligation to continue to apply pressure to his horse until the finishing line.

Mr Needham submitted that the reason he put his whip away was that MAYBE FLYIN had come to the end of her run and was not making any ground. He stated that the mare was used up in the earlier stages of the race and even if he had urged the mare until the line it would have made no difference. He stated he did not believe he was ever going to finish in a better placing. He also conceded that he should have shown more vigour over the final 80m.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

The charge was found to be proved.


sumissionsforpenalty:

Mr Ydgren stated that Mr Needham had 291 lifetime drives with 4 so far this season, 13 last season and 21 the previous season. He submitted that Mr Needham had a clear record in regard to this rule, had been open and frank with the Stewards and had admitted the breach at the first opportunity. Mr Ydgren stated that the JCA Penalty Guide indicated a starting point of 12 drives or $600 with particular regard to the placing involved. He submitted that a fine in the range of $300 to $350 be considered for this case.

Mr Needham submitted that he would prefer a fine as penalty.


reasonsforpenalty:

In determining penalty we have taken the starting point indicated in the JCA Penalty Guide of a $600 fine. Taking particular regard to the placing involved where the connections may have been denied a better stake and with the betting public possibly denied the possibility of a First 4 dividend, we were able to give Mr Needham a discount of $200. We were also able to give Mr Needham a discount of $100 for his good record and his frank and open admission of the breach. We therefore decided an appropriate penalty in this case was a fine of $300.


penalty:

Mr Needham was fined the sum of $300.


hearing_type: Hearing


Rules: 868(3)


Informant: Mr N Ydgren-Stipendiary Steward


JockeysandTrainer: Mr R Needham-Open Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 9322591544b374227a13f533ff389761


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R2


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 5354b22a01c3603d6a5452f04af81acc


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 23/11/2013


meet_title: Timaru HRC - 23 November 2013


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: timaru-hrc


meet_racingtype: harness-racing


meet_chair: SChing


meet_pm1: RMcKenzie


meet_pm2: none


name: Timaru HRC