Archive Decision

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Forbury Park TC 20 June 2019 – R 11 – Chair, Prof G Hall

ID: JCA11337

Applicant:
Mr V Munro - Stipendiary Steward

Respondent(s):
Mr D O'Connell - Open Horseman

Other Person:
Mr McIntyre - General Manager Stewards

Hearing Type:
Hearing

New Charge:
Careless driving

Rules:
869(3)(b)

Plea:
admitted

Meet Title:
Forbury Park TC - 20 June 2019

Meet Chair:
GHall

Race Date:
2019/06/20

Race Number:
R 11

Decision:

As Mr O’Connell has admitted the breach, the breach is found to be proved.

Penalty:

The starting point in the Penalty Guide for careless driving in these circumstances is a 10-drive suspension. There is no need for an uplift. Although ALEXY lost its chance in the race, the horse was at the rear of the field at the time and the chances of the other horses in the race were not affected. After a reduction for good record and admission of the breach, the penalty is a 3-day suspension.

Mr O’Connell is suspended from driving from the conclusion of racing this evening 20 June, up to and including 4 July.

Facts:

Mr Munro alleged that Mr O’Connell (ALEXY) drove carelessly near the 300 metres in race 11, the Forbury Park Claimer Series Mobile Pace, while driving ALEXY.

Mr McIntyre, Manager of Stewards, demonstrated that ALEXY was racing towards the rear of the field just before the home turn. He demonstrated that in the Stewards’ opinion the respondent had gone for a run into a gap that was not fully established. As a consequence, Mr O’Connell ended up in tight quarters and ran out of room. His horse galloped as a result of it coming into contact with the wheel of Mr B Williamson and lost all chance in the race. Mr Williamson became unbalanced briefly, although his horse was weakening at the time.

Mr O’Connell indicated both on the information and verbally to the Committee that he admitted the breach and did not wish to be present at the hearing.

Submissions for Penalty:

Mr Munro produced Mr O’Connell’s record which was clear under this rule this season. In that time Mr O’Connell has had 40 drives. Mr O’Connell drives mainly his own team and had 39 drives last season and 22 the season before. His last careless driving breach was in July 2018.

Mr Munro submitted that a suspension was appropriate.

Reasons for Penalty:

Mr O’Connell has made a miscalculation as to whether there was room for him to improve and as a result has come into contact with Mr Williamson’s cart. Mr Williamson was not travelling well at the time and Mr O’Connell’s horse ALEXY has galloped.

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: 16854a9a47f68f06b4382a5f6846430d


informantnumber:


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless driving


plea: admitted


penaltyrequired: 1


decisiondate: 24/06/2019


hearing_title: Forbury Park TC 20 June 2019 - R 11 - Chair, Prof G Hall


charge:


facts:

Mr Munro alleged that Mr O’Connell (ALEXY) drove carelessly near the 300 metres in race 11, the Forbury Park Claimer Series Mobile Pace, while driving ALEXY.

Mr McIntyre, Manager of Stewards, demonstrated that ALEXY was racing towards the rear of the field just before the home turn. He demonstrated that in the Stewards’ opinion the respondent had gone for a run into a gap that was not fully established. As a consequence, Mr O’Connell ended up in tight quarters and ran out of room. His horse galloped as a result of it coming into contact with the wheel of Mr B Williamson and lost all chance in the race. Mr Williamson became unbalanced briefly, although his horse was weakening at the time.

Mr O’Connell indicated both on the information and verbally to the Committee that he admitted the breach and did not wish to be present at the hearing.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr O’Connell has admitted the breach, the breach is found to be proved.


sumissionsforpenalty:

Mr Munro produced Mr O’Connell’s record which was clear under this rule this season. In that time Mr O’Connell has had 40 drives. Mr O’Connell drives mainly his own team and had 39 drives last season and 22 the season before. His last careless driving breach was in July 2018.

Mr Munro submitted that a suspension was appropriate.


reasonsforpenalty:

Mr O’Connell has made a miscalculation as to whether there was room for him to improve and as a result has come into contact with Mr Williamson’s cart. Mr Williamson was not travelling well at the time and Mr O’Connell’s horse ALEXY has galloped.


penalty:

The starting point in the Penalty Guide for careless driving in these circumstances is a 10-drive suspension. There is no need for an uplift. Although ALEXY lost its chance in the race, the horse was at the rear of the field at the time and the chances of the other horses in the race were not affected. After a reduction for good record and admission of the breach, the penalty is a 3-day suspension.

Mr O’Connell is suspended from driving from the conclusion of racing this evening 20 June, up to and including 4 July.


hearing_type: Hearing


Rules: 869(3)(b)


Informant: Mr V Munro - Stipendiary Steward


JockeysandTrainer: Mr D O'Connell - Open Horseman


Otherperson: Mr McIntyre - General Manager Stewards


PersonPresent:


Respondent:


StipendSteward:


raceid: e4f49a17b156c73462781206ff59cfaf


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 11


submittochair:


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meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 20/06/2019


meet_title: Forbury Park TC - 20 June 2019


meet_expappcomment:


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tracklocation: forbury-park-tc


meet_racingtype: harness-racing


meet_chair: GHall


meet_pm1: none


meet_pm2: none


name: Forbury Park TC