Archive Decision

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NZ Metro TC 25 November 2016 – R 5 – Chair, Mr D Jackson

ID: JCA11536

Applicant:
Mr N Ydgren - Chief Stipendiary Steward

Respondent(s):
Mr C Smith - Junior Driver

Other Person:
Mr M Jones - Assisting Mr Smith

Information Number:
A8326

Hearing Type:
Hearing

New Charge:
Careless Driving

Rules:
869(3)(b)

Plea:
admitted

Meet Title:
NZ Metro TC - 25 November 2016

Meet Chair:
DJackson

Meet Committee Member 1:
RMcKenzie

Race Date:
2016/11/25

Race Number:
R 5

Decision:

Mr Smith admitted the charge. It was clear to the committee on the video evidence that the charge was made out in any event. The charge was proved.

Penalty:

Having regard to the JCA Penalty Guidelines, the Committee considers a three day suspension is appropriate.

Accordingly, Mr Smith will be suspended from driving as a junior driver at Forbury Park on the 30th November, Addington on the 2nd December and Oamaru on the 3rd December 2016.

Facts:

Mr Smith is charged with careless driving. He is alleged to have shifted outward while driving AMERICAN TART while rounding the bend into the home straight, thereby forcing MIGHTY FLYING MAJOR (K Cox) out onto LETSPENDANITETAGETHA (M Purvis), which paced roughly.

Mr Smith, having had the benefit of advice and representation from Mr M Jones, admitted the charge, countersigned the information and attended the hearing in person (with Mr Jones).

Mr Ydgren replayed the run into the straight from all available angles and in particular emphasised that Mr Smith’s movement outwards was as a result of his pulling and removing the horse’s earplugs as he rounded the turn, which caused the horse to surge forwards and outwards (as if in a straight line from the point where the ear plugs were activated) as he rounded the bend. The effect on the horses referred to was clear from the video.

Submissions for Penalty:

Mr Ydgren submitted that Mr Smith was an inexperienced junior horseman with 55 raceday drives to his name, 13 of them this season. Mr Ydgren submitted, having regard to the JCA Penalty Guidelines, the start point was a 10 drive suspension or a $500 fine. He identified the checking of a horse as it rounded the bend in a dominant position as an aggravating factor. Mr Ydgren submitted Mr Smith be suspended for three days.

Mr Jones accepted the application of the Guidelines and emphasised that three days for a junior driver was a significant punishment.

Reasons for Penalty:

The committee considers this a clear case of careless driving. We assess Mr Smith’s culpability as medium. He pulled the ear plugs over concentrating on the steering of his horse and navigating the bend. The horse reacted and he could not control its direction for a stride or two. By then the horse had moved outward as admitted.

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: 2c03093f02a0c3a26f48ec5251ddd7af


informantnumber: A8326


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Driving


plea: admitted


penaltyrequired: 1


decisiondate: 29/11/2016


hearing_title: NZ Metro TC 25 November 2016 - R 5 - Chair, Mr D Jackson


charge:


facts:

Mr Smith is charged with careless driving. He is alleged to have shifted outward while driving AMERICAN TART while rounding the bend into the home straight, thereby forcing MIGHTY FLYING MAJOR (K Cox) out onto LETSPENDANITETAGETHA (M Purvis), which paced roughly.

Mr Smith, having had the benefit of advice and representation from Mr M Jones, admitted the charge, countersigned the information and attended the hearing in person (with Mr Jones).

Mr Ydgren replayed the run into the straight from all available angles and in particular emphasised that Mr Smith’s movement outwards was as a result of his pulling and removing the horse’s earplugs as he rounded the turn, which caused the horse to surge forwards and outwards (as if in a straight line from the point where the ear plugs were activated) as he rounded the bend. The effect on the horses referred to was clear from the video.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr Smith admitted the charge. It was clear to the committee on the video evidence that the charge was made out in any event. The charge was proved.


sumissionsforpenalty:

Mr Ydgren submitted that Mr Smith was an inexperienced junior horseman with 55 raceday drives to his name, 13 of them this season. Mr Ydgren submitted, having regard to the JCA Penalty Guidelines, the start point was a 10 drive suspension or a $500 fine. He identified the checking of a horse as it rounded the bend in a dominant position as an aggravating factor. Mr Ydgren submitted Mr Smith be suspended for three days.

Mr Jones accepted the application of the Guidelines and emphasised that three days for a junior driver was a significant punishment.


reasonsforpenalty:

The committee considers this a clear case of careless driving. We assess Mr Smith’s culpability as medium. He pulled the ear plugs over concentrating on the steering of his horse and navigating the bend. The horse reacted and he could not control its direction for a stride or two. By then the horse had moved outward as admitted.


penalty:

Having regard to the JCA Penalty Guidelines, the Committee considers a three day suspension is appropriate.

Accordingly, Mr Smith will be suspended from driving as a junior driver at Forbury Park on the 30th November, Addington on the 2nd December and Oamaru on the 3rd December 2016.


hearing_type: Hearing


Rules: 869(3)(b)


Informant: Mr N Ydgren - Chief Stipendiary Steward


JockeysandTrainer: Mr C Smith - Junior Driver


Otherperson: Mr M Jones - Assisting Mr Smith


PersonPresent:


Respondent:


StipendSteward:


raceid: dd63d11f7c00844eda78412649913d7d


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 5


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 042f5f5fcae30aad8f5d1b0c6a31bd88


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 25/11/2016


meet_title: NZ Metro TC - 25 November 2016


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: nz-metro-tc


meet_racingtype: harness-racing


meet_chair: DJackson


meet_pm1: RMcKenzie


meet_pm2: none


name: NZ Metro TC