NZ Metro TC 23 September 2016 – R 9 – Chair, Mr R McKenzie
ID: JCA11123
Meet Title:
NZ Metro TC - 23 September 2016
Meet Chair:
RMcKenzie
Meet Committee Member 1:
DJackson
Race Date:
2016/09/23
Race Number:
R9
Decision:
Ms Wakelin having admitted the charge, the charge was found proved.
Penalty:
Ms Wakelin was fined the sum of $200.
Facts:
Following the running of Race 9, Introducing New Stallion “Windsong Espoir” Trot, an information was filed by Chief Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Ms P J Wakelin, alleging a breach of Rule 869 (3) (b) in that Ms Wakelin, as the diver of BK DAWN in the race, “drove carelessly near the 800 metres when striking the wheel of KINGDOM COME (J W Smith) resulting in its sulky tyre being punctured”.
Ms Wakelin was present at the hearing of the information and she indicated that she admitted the breach.
Rule 869 provides as follows:
(3) No horseman in any race shall drive:-
(b) carelessly.
Mr Ydgren showed a video replay of the relevant part of the race passing the 800 metres. He pointed out BK DAWN, driven by Ms Wakelin, racing four places back in the one-out line, on the back of KINGDOM COME. HEAVENLY LOVE (M P Edmonds) was improving 3-wide outside Ms Wakelin at that stage. In the process of shifting out to get on the back of HEAVENLY LOVE, Ms Wakelin became closely placed to the wheel of KINGDOM COME and made contact, “albeit very lightly” Mr Ydgren said, with the wheel of that runner resulting in its tyre being punctured.
Ms Wakelin said that she was unaware that she had struck Mr Smith’s wheel. She said that her mare is “very sensitive on her feet” and she thought she would have been aware of any contact. However, she said that she accepted Mr Smith’s word that she had caused the puncture and acknowledged that the video showed that the head of her horse was very close to Mr Smith’s helmet at that point.
Mr Ydgren agreed that nothing could be detected on the videos – it was only when Mr Smith reported the punctured tyre to the Stewards that the breach was detected, he said. Mr Smith told the Stewards that he had felt the contact at the time.
Submissions for Penalty:
Mr Ydgren referred the Committee to the Penalty Guide starting point for a breach of the careless driving Rule of a 10-drives suspension or a fine of $500. He went on to point out that a penalty for “hitting a wheel” is included in the Penalty Guide under the penalties for causing interference under Rule 869 (4). That penalty, in a case where no runner’s chances are affected, is a starting point of a 4-drives suspension or a $200 fine. Mr Ydgren told the Committee that Mr Smith had told Stewards that the chances of his horse had not been materially affected.
Mr Ydgren said that Ms Wakelin had a very good record. She drives her own horses at local meetings, on average two per meeting, he said.
Ms Wakelin indicated that her preference was for a fine with the Committee taking into account her good record and her admission of the breach. Mr Ydgren said that Stewards had no objection to a fine. He submitted that, taking into account Ms Wakelin’s excellent record, her admission of the breach and the low-end nature of the breach with no runners’ chances being affected, a fine of not less than $200, in line with the penalty for hitting a wheel, was appropriate.
Reasons for Penalty:
It was the Committee’s view that, notwithstanding that Ms Wakelin had been charged with and had admitted a charge of careless driving, it was appropriate, having regard to all of the circumstances, to adopt the Penalty Guide starting point for “hitting a wheel” of a 4-drives suspension or a $200 fine. In coming to that view, we had regard to the various mitigating factors – that is to say, Ms Wakelin’s excellent record, her admission of the breach in the absence of any evidence other than Mr Smith’s statement and the low-end nature of the breach.
It was, therefore, not appropriate to give any discount from the Penalty Guide starting point of a $200 fine (a suspension not being warranted in this case).
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: 1e0952b29242d946c9e8e8f53e596c71
informantnumber: A8041
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: admitted
penaltyrequired: 1
decisiondate: 26/09/2016
hearing_title: NZ Metro TC 23 September 2016 - R 9 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 9, Introducing New Stallion “Windsong Espoir” Trot, an information was filed by Chief Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Ms P J Wakelin, alleging a breach of Rule 869 (3) (b) in that Ms Wakelin, as the diver of BK DAWN in the race, “drove carelessly near the 800 metres when striking the wheel of KINGDOM COME (J W Smith) resulting in its sulky tyre being punctured”.
Ms Wakelin was present at the hearing of the information and she indicated that she admitted the breach.
Rule 869 provides as follows:
(3) No horseman in any race shall drive:-
(b) carelessly.
Mr Ydgren showed a video replay of the relevant part of the race passing the 800 metres. He pointed out BK DAWN, driven by Ms Wakelin, racing four places back in the one-out line, on the back of KINGDOM COME. HEAVENLY LOVE (M P Edmonds) was improving 3-wide outside Ms Wakelin at that stage. In the process of shifting out to get on the back of HEAVENLY LOVE, Ms Wakelin became closely placed to the wheel of KINGDOM COME and made contact, “albeit very lightly” Mr Ydgren said, with the wheel of that runner resulting in its tyre being punctured.
Ms Wakelin said that she was unaware that she had struck Mr Smith’s wheel. She said that her mare is “very sensitive on her feet” and she thought she would have been aware of any contact. However, she said that she accepted Mr Smith’s word that she had caused the puncture and acknowledged that the video showed that the head of her horse was very close to Mr Smith’s helmet at that point.
Mr Ydgren agreed that nothing could be detected on the videos – it was only when Mr Smith reported the punctured tyre to the Stewards that the breach was detected, he said. Mr Smith told the Stewards that he had felt the contact at the time.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Ms Wakelin having admitted the charge, the charge was found proved.
sumissionsforpenalty:
Mr Ydgren referred the Committee to the Penalty Guide starting point for a breach of the careless driving Rule of a 10-drives suspension or a fine of $500. He went on to point out that a penalty for “hitting a wheel” is included in the Penalty Guide under the penalties for causing interference under Rule 869 (4). That penalty, in a case where no runner’s chances are affected, is a starting point of a 4-drives suspension or a $200 fine. Mr Ydgren told the Committee that Mr Smith had told Stewards that the chances of his horse had not been materially affected.
Mr Ydgren said that Ms Wakelin had a very good record. She drives her own horses at local meetings, on average two per meeting, he said.
Ms Wakelin indicated that her preference was for a fine with the Committee taking into account her good record and her admission of the breach. Mr Ydgren said that Stewards had no objection to a fine. He submitted that, taking into account Ms Wakelin’s excellent record, her admission of the breach and the low-end nature of the breach with no runners’ chances being affected, a fine of not less than $200, in line with the penalty for hitting a wheel, was appropriate.
reasonsforpenalty:
It was the Committee’s view that, notwithstanding that Ms Wakelin had been charged with and had admitted a charge of careless driving, it was appropriate, having regard to all of the circumstances, to adopt the Penalty Guide starting point for “hitting a wheel” of a 4-drives suspension or a $200 fine. In coming to that view, we had regard to the various mitigating factors – that is to say, Ms Wakelin’s excellent record, her admission of the breach in the absence of any evidence other than Mr Smith’s statement and the low-end nature of the breach.
It was, therefore, not appropriate to give any discount from the Penalty Guide starting point of a $200 fine (a suspension not being warranted in this case).
penalty:
Ms Wakelin was fined the sum of $200.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: N M Ydgren, Chief Stipendiary Steward
JockeysandTrainer: P J Wakelin, Licensed Open Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 6d1cf4eb973a6a20d335e399e4d5707c
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: b0ab5f088660e3645d8e598968dc16b0
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 23/09/2016
meet_title: NZ Metro TC - 23 September 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: DJackson
meet_pm2: none
name: NZ Metro TC