Geraldine TC 28 November 2015 – R 9 – Chair, Mr S Ching
ID: JCA11362
Meet Title:
Geraldine TC - 28 November 2015
Meet Chair:
SChing
Meet Committee Member 1:
GClapp
Race Date:
2015/11/28
Race Number:
R 9
Decision:
As Mr O’Reilly had admitted the breach the charge was found to be proved.
Penalty:
Mr O’Reilly’s horseman’s licence was suspended from the conclusion of racing on 5 December up to and including Saturday 10 December 2015 encompassing the meetings at Methven on Sunday 6 December and Addington on Thursday 10 December 2015.
Facts:
Following the running of Race 9, the Fresh Choice Geraldine Cup C4+ Handicap Pace, an information was filed by Stipendiary Steward, Mr S Renault, against Licensed Open Horseman, Mr G O’Reilly, alleging that near the 400m, Mr O’Reilly, as the driver of THE FRIENDLYASSASSIN in the race, drove carelessly by striking the sulky disc of MIGHTY FLYING MAC, driven by Mr D Dunn and causing checks to CHOISE ACHIEVER, driven by Mr J Curtin and SMITHY, driven by Mr C Thornley.
Mr O’Reilly informed the Committee that he understood the rule he was charged with and confirmed that he admitted the breach.
Rule 869 (3) (b provides as follows:
(3) No horseman in any race shall drive:-
(b) carelessly;
Mr Renault gave evidence and replayed video films with the assistance of Stipendiary Steward, Mr L Tidmarsh, to show that near the 400m and on the home turn, Mr O’Reilly, driving THE FRIENDLYASSASSIN, was racing in a two off, three back position. Mr Tidmarsh pointed out Mr D Dunn driving MIGHTY FLYING MAC, who was racing ahead of Mr O’Reilly, begin to shift out from a three wide position when looking to improve near the 400m and shortly thereafter elected to return back down to the three wide position. Mr Renault stated that Mr Dunn was never established in the four wide position and was entitled to shift back down into the three wide line. Mr O’Reilly attempted to improve out and to the inside of Mr Dunn but became awkwardly placed when Mr Dunn returned to the three wide line. When awkwardly placed inside Mr Dunn, THE FRIENDLYASSASSIN struck the sulky wheel disc of MIGHTY FLYING MAC and broke causing resultant checks to CHOISE ACHIEVER and SMITHY.
Submissions for Penalty:
Mr Renault told the Committee that Mr O’Reilly had a previous breach of this rule within the last four months being at Ashburton on 12 November where he was fined the sum of $400 for careless driving. Mr Renault said that the JCA Penalty Guide recommended a starting point of a 3 day suspension for a 2nd breach of this rule within four months. He stated that taking into account Mr O’Reilly’s frank admission of the breach and other mitigating factors submitted, a two day suspension be considered as a penalty in this case.
Mr O’Reilly stated that he had commitments the following Saturday at Oamaru in the Brothers Driving Series and was seeking a 7 day deferment of the penalty.
Reasons for Penalty:
In determining penalty the Committee took into consideration Mr O’Reilly’s frank admission of the breach and the mitigating factors associated with the breach. After taking the JCA Penalty Guide recommended starting point of a 3 day suspension we were able to give Mr O’Reilly a discount of 1 day for his frank admission of the breach and the mitigating factors mentioned above. We therefore determined that a 2 day suspension was an appropriate penalty in this case.
Mr O’Reilly’s application for a 7 day deferment of penalty was granted due to confirmed commitments at the Oamaru meeting the following Saturday.
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: 19ab3bd4dbdfeffe01c90f5a718be769
informantnumber: A3635
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless driving
plea: admitted
penaltyrequired: 1
decisiondate: 03/12/2015
hearing_title: Geraldine TC 28 November 2015 - R 9 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 9, the Fresh Choice Geraldine Cup C4+ Handicap Pace, an information was filed by Stipendiary Steward, Mr S Renault, against Licensed Open Horseman, Mr G O’Reilly, alleging that near the 400m, Mr O’Reilly, as the driver of THE FRIENDLYASSASSIN in the race, drove carelessly by striking the sulky disc of MIGHTY FLYING MAC, driven by Mr D Dunn and causing checks to CHOISE ACHIEVER, driven by Mr J Curtin and SMITHY, driven by Mr C Thornley.
Mr O’Reilly informed the Committee that he understood the rule he was charged with and confirmed that he admitted the breach.
Rule 869 (3) (b provides as follows:
(3) No horseman in any race shall drive:-
(b) carelessly;
Mr Renault gave evidence and replayed video films with the assistance of Stipendiary Steward, Mr L Tidmarsh, to show that near the 400m and on the home turn, Mr O’Reilly, driving THE FRIENDLYASSASSIN, was racing in a two off, three back position. Mr Tidmarsh pointed out Mr D Dunn driving MIGHTY FLYING MAC, who was racing ahead of Mr O’Reilly, begin to shift out from a three wide position when looking to improve near the 400m and shortly thereafter elected to return back down to the three wide position. Mr Renault stated that Mr Dunn was never established in the four wide position and was entitled to shift back down into the three wide line. Mr O’Reilly attempted to improve out and to the inside of Mr Dunn but became awkwardly placed when Mr Dunn returned to the three wide line. When awkwardly placed inside Mr Dunn, THE FRIENDLYASSASSIN struck the sulky wheel disc of MIGHTY FLYING MAC and broke causing resultant checks to CHOISE ACHIEVER and SMITHY.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr O’Reilly had admitted the breach the charge was found to be proved.
sumissionsforpenalty:
Mr Renault told the Committee that Mr O’Reilly had a previous breach of this rule within the last four months being at Ashburton on 12 November where he was fined the sum of $400 for careless driving. Mr Renault said that the JCA Penalty Guide recommended a starting point of a 3 day suspension for a 2nd breach of this rule within four months. He stated that taking into account Mr O’Reilly’s frank admission of the breach and other mitigating factors submitted, a two day suspension be considered as a penalty in this case.
Mr O’Reilly stated that he had commitments the following Saturday at Oamaru in the Brothers Driving Series and was seeking a 7 day deferment of the penalty.
reasonsforpenalty:
In determining penalty the Committee took into consideration Mr O’Reilly’s frank admission of the breach and the mitigating factors associated with the breach. After taking the JCA Penalty Guide recommended starting point of a 3 day suspension we were able to give Mr O’Reilly a discount of 1 day for his frank admission of the breach and the mitigating factors mentioned above. We therefore determined that a 2 day suspension was an appropriate penalty in this case.
Mr O’Reilly’s application for a 7 day deferment of penalty was granted due to confirmed commitments at the Oamaru meeting the following Saturday.
penalty:
Mr O’Reilly’s horseman’s licence was suspended from the conclusion of racing on 5 December up to and including Saturday 10 December 2015 encompassing the meetings at Methven on Sunday 6 December and Addington on Thursday 10 December 2015.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr S Renault - Stipendiary Steward
JockeysandTrainer: Mr G O'Reilly - Licensed Open Horseman
Otherperson: Mr L Tidmarsh - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 362b58dde552100d55bca1925aa1ef00
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: a901c9351e25607caa8adfd59d72ce3a
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 28/11/2015
meet_title: Geraldine TC - 28 November 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: geraldine-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: GClapp
meet_pm2: none
name: Geraldine TC