Kaikoura TC 28 October 2018 – R 1 – Chair, Mr R McKenzie
ID: JCA11283
Meet Title:
Kaikoura TC - 28 October 2018
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2018/10/28
Race Number:
R1
Decision:
Mr Edge having admitted the charge, the charge was found proved.
Penalty:
Mr Edge’s Advanced Amateur Driver’s Licence is suspended for a period of 2 months - from after the close of racing on 28 October 2018 up to and including 28 December 2018. In addition, Mr Edge is fined the sum of $400.
Facts:
Following the running of Race 1, Bishopdale & Bush Inn TAB’s Mobile Pace, an information was filed by Chief Stipendiary Steward, Mr N M Ydgren, against Licensed Advanced Amateur Driver, Mr A N Edge, alleging that Mr Edge, as the driver of ROYAL JESTER in the race, “drove carelessly near the 1700 metres when shifting inwards when not clear of RUNCLE (S L Wigg) resulting in checks to MYBOYLOLLIEPOP, MACHS MARETA, ROMANITE and MY NIKAYLA”.
Mr Edge was present at the hearing of the information. He indicated that he understood the Rule and the charge and that he admitted the breach.
Rule 869 provides as follows:
(3) No horseman in any race shall drive:-
(b) carelessly.
Mr Ydgren showed to the hearing video replays of the incident, approximately 200 metres after the start of the 1900 metres mobile start event. He pointed out, on the head-on video replay, ROYAL JESTER, driven by Mr Edge, which had drawn barrier position 5 on the front row. To his inside was RUNCLE (S L Wigg) and, to the inside of that runner was MYBOYLOLLIEPOP (W A Frost) which had drawn 3 and 2 respectively.
Approaching the first bend, Mr Edge continued his shift down the track which caused some tightening to RUNCLE and checks to MYBOYLOLLIEPOP and most of the following runners. RUNCLE was taken inwards and made contact with MYBOYLOLLIEPOP which broke. Mr Ydgren pointed out that Ms Wigg could be seen to be become unbalanced when “jolted’ in the sulky by the inside runner. Mr Ydgren then pointed out the interference to the following runners referred to in the information.
Mr Ydgren then showed a side-on video replay of the incident and demonstrated that Mr Edge was not clear of Ms Wigg, and continued to progress to the parked position. There had been no contact with RUNCLE, Mr Ydgren said.
Mr Edge submitted that, with reference to the head-on video, the sulky shaft of RUNCLE was already making contact with the sulky of the inside runner prior to being tightened but retracted that submission when he re-viewed the replay and accepted that he was already exerting pressure on Ms Wigg.
Submissions for Penalty:
Mr Ydgren told the Committee that Mr Edge has a clear record under the Rule for the past 12 months. In the 2017/2018 season, Mr Edge had 30 drives and in the current season, to date, has had 4 drives. He has been suspended for part of the current season for breach of an unrelated Rule.
Mr Edge should receive credit for that good record and for his admission of the breach, Mr Ydgren submitted. He referred to the Penalty Guide starting point – a 10 drives suspension or a $500 fine. Stewards were seeking a suspension for this breach as it involved a driver shifting ground and causing interference. A suspension was required because of the severity of the interference – with six runners in a 10-horse field receiving interference. The consequences were “high end”, Mr Ydgren said.
Stewards felt that an uplift from the 10-drives starting point was appropriate but any uplift was off-set by the mitigating factors referred to. A 10-drives suspension, for an Amateur Driver, would take 5 months to complete, which is an excessive period to be sidelined. On that basis, Mr Ydgren submitted for a 2-months suspension coupled with a $400 fine as an appropriate penalty.
The matter of a combined penalty was discussed with Mr Edge. He told the Committee that a 5-months suspension would result in his having to turn about 14 horses out and lay-off two staff. He concluded that a lesser period of suspension, together with a fine would be his penalty preference.
Reasons for Penalty:
In deciding penalty, the Committee took the starting point under the Penalty Guide of a 10 drives suspension for a mid-range breach of the careless driving Rule. The aggravating factor was that the consequences of Mr Edge’s carelessness placed the breach in the higher range. For that aggravating factor, the Committee decided that an uplift of two drives to the starting point was appropriate.
However, mitigating factors present were Mr Edge’s good record and his frank admission of the breach. A discount of two drives from the uplifted starting point was appropriate for those factors.
The Committee accepted Mr Ydgren’s submission that a suspension period of 5 months was a long one and not helpful to Mr Edge in pursuing, what is obviously a passion for race driving. The Committee also noted that Mr Edge is also the holder of a Licence to Train.
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: 1bb09263075e2228ced4a8fdd9c9714c
informantnumber: A12406
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: admitted
penaltyrequired: 1
decisiondate: 31/10/2018
hearing_title: Kaikoura TC 28 October 2018 - R 1 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 1, Bishopdale & Bush Inn TAB’s Mobile Pace, an information was filed by Chief Stipendiary Steward, Mr N M Ydgren, against Licensed Advanced Amateur Driver, Mr A N Edge, alleging that Mr Edge, as the driver of ROYAL JESTER in the race, “drove carelessly near the 1700 metres when shifting inwards when not clear of RUNCLE (S L Wigg) resulting in checks to MYBOYLOLLIEPOP, MACHS MARETA, ROMANITE and MY NIKAYLA”.
Mr Edge was present at the hearing of the information. He indicated that he understood the Rule and the charge and that he admitted the breach.
Rule 869 provides as follows:
(3) No horseman in any race shall drive:-
(b) carelessly.
Mr Ydgren showed to the hearing video replays of the incident, approximately 200 metres after the start of the 1900 metres mobile start event. He pointed out, on the head-on video replay, ROYAL JESTER, driven by Mr Edge, which had drawn barrier position 5 on the front row. To his inside was RUNCLE (S L Wigg) and, to the inside of that runner was MYBOYLOLLIEPOP (W A Frost) which had drawn 3 and 2 respectively.
Approaching the first bend, Mr Edge continued his shift down the track which caused some tightening to RUNCLE and checks to MYBOYLOLLIEPOP and most of the following runners. RUNCLE was taken inwards and made contact with MYBOYLOLLIEPOP which broke. Mr Ydgren pointed out that Ms Wigg could be seen to be become unbalanced when “jolted’ in the sulky by the inside runner. Mr Ydgren then pointed out the interference to the following runners referred to in the information.
Mr Ydgren then showed a side-on video replay of the incident and demonstrated that Mr Edge was not clear of Ms Wigg, and continued to progress to the parked position. There had been no contact with RUNCLE, Mr Ydgren said.
Mr Edge submitted that, with reference to the head-on video, the sulky shaft of RUNCLE was already making contact with the sulky of the inside runner prior to being tightened but retracted that submission when he re-viewed the replay and accepted that he was already exerting pressure on Ms Wigg.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Edge having admitted the charge, the charge was found proved.
sumissionsforpenalty:
Mr Ydgren told the Committee that Mr Edge has a clear record under the Rule for the past 12 months. In the 2017/2018 season, Mr Edge had 30 drives and in the current season, to date, has had 4 drives. He has been suspended for part of the current season for breach of an unrelated Rule.
Mr Edge should receive credit for that good record and for his admission of the breach, Mr Ydgren submitted. He referred to the Penalty Guide starting point – a 10 drives suspension or a $500 fine. Stewards were seeking a suspension for this breach as it involved a driver shifting ground and causing interference. A suspension was required because of the severity of the interference – with six runners in a 10-horse field receiving interference. The consequences were “high end”, Mr Ydgren said.
Stewards felt that an uplift from the 10-drives starting point was appropriate but any uplift was off-set by the mitigating factors referred to. A 10-drives suspension, for an Amateur Driver, would take 5 months to complete, which is an excessive period to be sidelined. On that basis, Mr Ydgren submitted for a 2-months suspension coupled with a $400 fine as an appropriate penalty.
The matter of a combined penalty was discussed with Mr Edge. He told the Committee that a 5-months suspension would result in his having to turn about 14 horses out and lay-off two staff. He concluded that a lesser period of suspension, together with a fine would be his penalty preference.
reasonsforpenalty:
In deciding penalty, the Committee took the starting point under the Penalty Guide of a 10 drives suspension for a mid-range breach of the careless driving Rule. The aggravating factor was that the consequences of Mr Edge’s carelessness placed the breach in the higher range. For that aggravating factor, the Committee decided that an uplift of two drives to the starting point was appropriate.
However, mitigating factors present were Mr Edge’s good record and his frank admission of the breach. A discount of two drives from the uplifted starting point was appropriate for those factors.
The Committee accepted Mr Ydgren’s submission that a suspension period of 5 months was a long one and not helpful to Mr Edge in pursuing, what is obviously a passion for race driving. The Committee also noted that Mr Edge is also the holder of a Licence to Train.
penalty:
Mr Edge’s Advanced Amateur Driver’s Licence is suspended for a period of 2 months - from after the close of racing on 28 October 2018 up to and including 28 December 2018. In addition, Mr Edge is fined the sum of $400.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: N M Ydgren, Chief Stipendiary Steward
JockeysandTrainer: A N Edge, Licensed Advanced Amateur Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 76933e2dd99966c77b30518b47bd6425
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
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meetid: d1b0021c4f3de41e1beb67fa0d7c9c1c
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waitingforpublication: 0
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meetdate: 28/10/2018
meet_title: Kaikoura TC - 28 October 2018
meet_expappcomment:
meet_km:
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tracklocation: kaikoura-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: SChing
meet_pm2: none
name: Kaikoura TC