NZ Metropolitan TC 17 September 2020 – R 5 – Chair, Mr D Anderson
ID: JCA11740
Meet Title:
NZ Metro TC - 17 September 2020
Meet Chair:
DAnderson
Race Date:
2020/09/17
Race Number:
R 5
Decision:
Ms Ottley having admitted the breach, the charge was found proved.
Penalty:
Accordingly, Ms Ottley’s Open licence to drive is suspended from the conclusion of racing on Sunday, 20 September 2020 up to and including racing on Sunday, 27 September 2020.
Meetings encompassed in the suspension are: Winton 24 Sept 20, NZMTC 25 Sept 20, Banks Peninsula TC 27 Sept 2020.
Facts:
Following the running of Race 5, an Information was filed by Stipendiary Steward, Mr P Williams, against Open Driver, Ms S Ottley, alleging that “On the first bend you shifted inwards when not sufficiently clear of ENDLESS DREAMS which was checked and broke.”
Ms Ottley confirmed that she understood the Rule she was being charged with and confirmed she admitted the breach.
Rule 869 provides as follows:
(2) No horseman in any race shall drive: -
(b) carelessly
Mr Williams used the race films with the assistance of Mrs Tibbs to identify Ms Ottley (LA ROSA) racing for the lead approaching the 1600-metre pole. He showed Ms Ottley ease her horse from outside the lead horse, SHOW ME HEAVEN, and shift inwards to take the trailing position where he said ENDLESS DREAMS (B Orange) was established. He pointed to Mr Orange, take a strong hold of his horse which broke, losing considerable ground.
Mr Williams stated he had spoken to Mr Orange who indicated he was attempting to drive forward but saw Ms Ottley coming, pulled back and his horse did what it did.
Mr Williams said the Stewards' view was when Ms Ottley commenced to move down the track Mr Orange was clearly inside her and, as she continued her shift, the consequential effect on Mr Orange was clear to see.
Ms Ottley reiterated Mr Orange had seen her coming, pulled back and his horse had reacted badly. She added there was no contact made which was confirmed by Mr Williams.
Submissions for Penalty:
Mr Williams stated Ms Ottley in the last six months or 200 drives has a clear record under the Rule. He said this breach is in the mid to high range and the effect was the race was over for ENDLESS DREAMS. He said the result of this manoeuvre saw Ms Ottley secure the prime position in the race where she was not entitled to be and has finished in fourth place.
Mr Williams said Ms Ottley has averaged 5 drives per meeting over the last 11 meetings. He said the Penalty Guide has a 10-drive starting point for a mid-range breach which would be equivalent to 2 days suspension but because the Stewards deemed this breach to be in the higher range a 3-day suspension would be appropriate.
Ms Ottley submitted a 2-day suspension would be plenty. She said she drives at every meeting in the South Island and a 3-day suspension would be a lot of drives to lose even given the breach is on the higher scale.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented.
The Committee’s assessment of the incident was that near the 1600 metres Mr Orange had full rights to the trailing position. Ms Ottley has shifted into this position resulting in Mr Orange having to check and take evasive action which forced ENDLESS DREAMS over several markers, breaking, and having its chances completely extinguished in what was the last Sires Stakes heat in the South Island. This manoeuvre fell well below the standard of driving expected of a prominent and experience driver.
The mitigating factors are Ms Ottley’s good record, her admission of the breach, albeit inevitable given the compelling video evidence.
The Committee in considering all the above factors find a 3-day suspension as an appropriate penalty in this case.
JCA Decision Fields (raw)
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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: 23f3adaa7583410f958c552b20fe16e8
informantnumber: A13195
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: admitted
penaltyrequired: 1
decisiondate: 18/09/2020
hearing_title: NZ Metropolitan TC 17 September 2020 - R 5 - Chair, Mr D Anderson
charge:
facts:
Following the running of Race 5, an Information was filed by Stipendiary Steward, Mr P Williams, against Open Driver, Ms S Ottley, alleging that “On the first bend you shifted inwards when not sufficiently clear of ENDLESS DREAMS which was checked and broke.”
Ms Ottley confirmed that she understood the Rule she was being charged with and confirmed she admitted the breach.
Rule 869 provides as follows:
(2) No horseman in any race shall drive: -
(b) carelessly
Mr Williams used the race films with the assistance of Mrs Tibbs to identify Ms Ottley (LA ROSA) racing for the lead approaching the 1600-metre pole. He showed Ms Ottley ease her horse from outside the lead horse, SHOW ME HEAVEN, and shift inwards to take the trailing position where he said ENDLESS DREAMS (B Orange) was established. He pointed to Mr Orange, take a strong hold of his horse which broke, losing considerable ground.
Mr Williams stated he had spoken to Mr Orange who indicated he was attempting to drive forward but saw Ms Ottley coming, pulled back and his horse did what it did.
Mr Williams said the Stewards' view was when Ms Ottley commenced to move down the track Mr Orange was clearly inside her and, as she continued her shift, the consequential effect on Mr Orange was clear to see.
Ms Ottley reiterated Mr Orange had seen her coming, pulled back and his horse had reacted badly. She added there was no contact made which was confirmed by Mr Williams.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Ms Ottley having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Williams stated Ms Ottley in the last six months or 200 drives has a clear record under the Rule. He said this breach is in the mid to high range and the effect was the race was over for ENDLESS DREAMS. He said the result of this manoeuvre saw Ms Ottley secure the prime position in the race where she was not entitled to be and has finished in fourth place.
Mr Williams said Ms Ottley has averaged 5 drives per meeting over the last 11 meetings. He said the Penalty Guide has a 10-drive starting point for a mid-range breach which would be equivalent to 2 days suspension but because the Stewards deemed this breach to be in the higher range a 3-day suspension would be appropriate.
Ms Ottley submitted a 2-day suspension would be plenty. She said she drives at every meeting in the South Island and a 3-day suspension would be a lot of drives to lose even given the breach is on the higher scale.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented.
The Committee’s assessment of the incident was that near the 1600 metres Mr Orange had full rights to the trailing position. Ms Ottley has shifted into this position resulting in Mr Orange having to check and take evasive action which forced ENDLESS DREAMS over several markers, breaking, and having its chances completely extinguished in what was the last Sires Stakes heat in the South Island. This manoeuvre fell well below the standard of driving expected of a prominent and experience driver.
The mitigating factors are Ms Ottley’s good record, her admission of the breach, albeit inevitable given the compelling video evidence.
The Committee in considering all the above factors find a 3-day suspension as an appropriate penalty in this case.
penalty:
Accordingly, Ms Ottley’s Open licence to drive is suspended from the conclusion of racing on Sunday, 20 September 2020 up to and including racing on Sunday, 27 September 2020.
Meetings encompassed in the suspension are: Winton 24 Sept 20, NZMTC 25 Sept 20, Banks Peninsula TC 27 Sept 2020.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr P Williams - Stipendiary Steward
JockeysandTrainer: Ms S Ottley - Open Driver
Otherperson: Mrs C Tibbs - Stipendiary Steward, Mr N Ydgren - Chief Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 5d78316de6b500ab3ebc4d38a8119a7c
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: ac2cce69c8dc6ccb0cd47249f4aef073
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 17/09/2020
meet_title: NZ Metro TC - 17 September 2020
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: DAnderson
meet_pm1: none
meet_pm2: none
name: NZ Metro TC