Reefton TC 30 December 2018 – R 7 – Chair, Mr S Ching
ID: JCA11164
Meet Title:
Reefton TC - 30 December 2018
Meet Chair:
SChing
Meet Committee Member 1:
DAnderson
Race Date:
2018/12/30
Race Number:
R7
Decision:
As Mr Curtin had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
Mr Curtin’s Horseman’s licence is suspended from the completion of racing 30 December 2018 up to and including 5 January 2019. Relevant meetings in this period of suspension are Rangiora 3 January and Timaru on 5 January 2019.
Facts:
Following the running of Race 7, the Edward Rennell Appreciation Mobile Pace, an Information was filed by Stipendiary Steward, Mr S Wallis against Open Horseman, Mr J Curtin, alleging a breach of Rule 869(3)(b) in that he drove carelessly, when driving ANNA BARCLAY, racing into the first bend when insufficiently clear of ARTICULIGHT resulting in PETER FORSBERG and SCELTA UNO being checked.
Mr Curtin had indicated on the Information that this breach of the Rules was admitted. Mr Curtin had also endorsed the Information that he did not wish to be present at the hearing. This was confirmed by Mr Wallis.
Rule 869(3)(b) reads as follows:
“(3) No horseman in any race shall drive:-
(b) carelessly:-
Mr Wallis gave evidence and used video coverage, with the assistance of Stipendiary Steward, Mr Renault, to show that approaching the first bend, Mr Curtin driving ANNA BARCLAY, was racing 3 wide with ARTICULIGHT, driven by Mr R Close on his inside and PETER FORSBERG, driven by Mr J Abernathy, on the pylons, inside that horse. Mr Renault pointed out Mr Curtin shifting down the track when not clear of Mr Close who in turn was forced down into the racing room of Mr Abernathy who had to check. He said that PETER FORSBERG then went rough and went back on trailing runner, SCELTA UNO, who went into a break as a result.
Submissions for Penalty:
Mr Wallis informed the Committee that Mr Curtin is a busy driver and drove on 396 occasions last season and to date, this season, on 163 occasions. He stated Mr Curtin had an exceptional record with no breaches of any rule showing over the past 12 months. He said that credit should be given for his record and admission of the breach at the earliest opportunity.
Mr Wallis said the JCA Penalty Guide provided for a 10-drive suspension or a $500 fine for a breach of his rule. The aggravating factor, he said, was the runner that galloped but has settled reasonably quickly. This incident happened shortly after the start and affected runners were able to sort themselves out giving them fair opportunity to win or be placed in the race afterwards.
Mr Wallis submitted that a 10-drive suspension be considered as penalty. He said that Mr Curtin would normally drive, on average, in Canterbury, 4 to 5 times per race day but over the West Coast circuit, had full books. He submitted that a 2-day suspension being Rangiora on 3 January and Timaru on 5 January 2019, as equivalent to 10 drives be considered as penalty in this case.
Mr Wallis also informed the Committee that Mr Curtin did not wish to seek a deferment of penalty and had asked for any suspension to start as soon as possible.
Reasons for Penalty:
The JCA Penalty Guide provides a starting point of a 10-drive suspension for a mid-range breach of this rule. We assessed the breach as mid-range with the aggravating factor in this case being the consequences of the interference caused to the affected runners. This we determined warranted an uplift which we set at 2 drives. We were, however, able to afford Mr Curtin a combined discount for his clear record and his ready admission of the breach. This discount we set at 3 drives. We therefore determined that a 9-drive suspension was an appropriate penalty. In considering penalty we determined that Mr Curtin drove on average, 4 to 5 times per race day, in the Canterbury district, which we calculated to be a 2-day suspension.
Decision Date: 02/01/2019
Publish Date: 02/01/2019
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: 15e69766494b785beb10bfc50ffa5d47
informantnumber: A10826
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: admitted
penaltyrequired: 1
decisiondate: 02/01/2019
hearing_title: Reefton TC 30 December 2018 - R 7 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 7, the Edward Rennell Appreciation Mobile Pace, an Information was filed by Stipendiary Steward, Mr S Wallis against Open Horseman, Mr J Curtin, alleging a breach of Rule 869(3)(b) in that he drove carelessly, when driving ANNA BARCLAY, racing into the first bend when insufficiently clear of ARTICULIGHT resulting in PETER FORSBERG and SCELTA UNO being checked.
Mr Curtin had indicated on the Information that this breach of the Rules was admitted. Mr Curtin had also endorsed the Information that he did not wish to be present at the hearing. This was confirmed by Mr Wallis.
Rule 869(3)(b) reads as follows:
“(3) No horseman in any race shall drive:-
(b) carelessly:-
Mr Wallis gave evidence and used video coverage, with the assistance of Stipendiary Steward, Mr Renault, to show that approaching the first bend, Mr Curtin driving ANNA BARCLAY, was racing 3 wide with ARTICULIGHT, driven by Mr R Close on his inside and PETER FORSBERG, driven by Mr J Abernathy, on the pylons, inside that horse. Mr Renault pointed out Mr Curtin shifting down the track when not clear of Mr Close who in turn was forced down into the racing room of Mr Abernathy who had to check. He said that PETER FORSBERG then went rough and went back on trailing runner, SCELTA UNO, who went into a break as a result.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Curtin had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
sumissionsforpenalty:
Mr Wallis informed the Committee that Mr Curtin is a busy driver and drove on 396 occasions last season and to date, this season, on 163 occasions. He stated Mr Curtin had an exceptional record with no breaches of any rule showing over the past 12 months. He said that credit should be given for his record and admission of the breach at the earliest opportunity.
Mr Wallis said the JCA Penalty Guide provided for a 10-drive suspension or a $500 fine for a breach of his rule. The aggravating factor, he said, was the runner that galloped but has settled reasonably quickly. This incident happened shortly after the start and affected runners were able to sort themselves out giving them fair opportunity to win or be placed in the race afterwards.
Mr Wallis submitted that a 10-drive suspension be considered as penalty. He said that Mr Curtin would normally drive, on average, in Canterbury, 4 to 5 times per race day but over the West Coast circuit, had full books. He submitted that a 2-day suspension being Rangiora on 3 January and Timaru on 5 January 2019, as equivalent to 10 drives be considered as penalty in this case.
Mr Wallis also informed the Committee that Mr Curtin did not wish to seek a deferment of penalty and had asked for any suspension to start as soon as possible.
reasonsforpenalty:
The JCA Penalty Guide provides a starting point of a 10-drive suspension for a mid-range breach of this rule. We assessed the breach as mid-range with the aggravating factor in this case being the consequences of the interference caused to the affected runners. This we determined warranted an uplift which we set at 2 drives. We were, however, able to afford Mr Curtin a combined discount for his clear record and his ready admission of the breach. This discount we set at 3 drives. We therefore determined that a 9-drive suspension was an appropriate penalty. In considering penalty we determined that Mr Curtin drove on average, 4 to 5 times per race day, in the Canterbury district, which we calculated to be a 2-day suspension.
penalty:
Mr Curtin’s Horseman’s licence is suspended from the completion of racing 30 December 2018 up to and including 5 January 2019. Relevant meetings in this period of suspension are Rangiora 3 January and Timaru on 5 January 2019.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr S Wallis - Stipendiary Steward
JockeysandTrainer: Mr J Curtin-Open Horseman
Otherperson: Mr S Renault - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 335dac1982ba0c33bce3d2647115ba0f
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 5f8f1ad63053a1451a59a718b899e43d
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 30/12/2018
meet_title: Reefton TC - 30 December 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: reefton-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: DAnderson
meet_pm2: none
name: Reefton TC