Manukau TC 12 November 2010 – R 1
ID: JCA11925
Meet Title:
Manukau TC - 12 November 2010
Meet Chair:
BScott
Meet Committee Member 1:
JHolloway
Race Date:
2010/11/12
Race Number:
R1
Decision:
The Charge having been admitted is accordingly proven.
Penalty:
We accordingly suspend Mr Fensom's Horseman's Licence from the conclusion of Racing today up to the conclusion of Racing on the 3rd of December 2010. That is 4 driving days.
Charge:
Careless Driving causing interference
Facts:
An Information was lodged by Stipendiary Steward Mr JM Muirhead alleging that horseman Mr R Fensom drove JACUZZISUZZI carelessly causing interference to BETWEEN DREAMS [Driver Mr B Mangos ] with approximately 300 metres to run.
The Rule was read to Mr Fensom and he acknowledged that he understood it.
Mr Muirhead demonstrated the incident by use of the video films and showed Mr Fensom driving along the marker line and he said that Mr Fensom was driving with a certain amount of vigour but that he was not in control of his horse. He showed where Mr Fensom's horse ran out and caused interference to Between Dreams causing that horse to break. Mr Muirhead pointed out that at the time Between Dreams was stopping but he was concerned at Mr Fensom's lack of control while still driving his horse with some vigour.
Mr Muirhead said that the Stipendiary Stewards believed that the degree of carelessness was at the higher end of the scale because of the way Mr Fensom was driving and his lack of control.
Mr Fensom did not have any questions of Mr Muirhead . He then told the Committee that his horse went to jam on the brakes at the 400 metre mark and he was driving with some vigour because he was trying to get it going again. He said his horse is ridiculously lazy and he was concerned that he was getting in the way of the horse behind him. He said that his horse had ducked out and he had straightened it but it ducked out again and he acknowledged that interference was caused to Mr Mangos's horse.
Submissions for Decision:
Admitted
Reasons for Decision:
Admitted
Submissions for Penalty:
Mr Muirhead said that the JCA Guidelines provide for a $400.00 fine and/or a suspension of 2 weeks. Mr Muirhead submitted that a suspension of Mr Fensom's Horseman's Licence for at least 2 weeks was appropriate because the incident could have been avoided if Mr Fensom had have had control of his horse.
Mr Fensom did not make any submissions as to penalty. He did advise the Committee that he did not have any declared drives at Cambridge the following night and that he was not going to the Manawatu Meeting the following week.
Reasons for Penalty:
The Committee viewed the Films again and we are firmly of the view that Mr Fensom did not have any great measure of control over his horse at the time of the incident. Despite the fact that his horse had previously ducked out Mr Fensom continued driving it with some vigour and he was shaking the reins at it. He also should have been worrying about keeping his own horse straight rather than whether he was in the way of the following horse.
In our view this was a very poor display of driving.
We give Mr Fensom credit for his Guilty Plea and his good Driving Record but although he caused interference to a tiring horse we are of the view that a suspension of Mr Fensom's Horseman's Licence is warranted. We are aware that Mr Fensom does not drive extensively and we understand that he does not normally go to the Manawatu meetings so we have not taken the 2 meetings in late November into account.
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: 2bc5e52a132d9fcbca5629acfdec3090
informantnumber: 68921
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 16/11/2010
hearing_title: Manukau TC 12 November 2010 - R 1
charge:
Careless Driving causing interference
facts:
An Information was lodged by Stipendiary Steward Mr JM Muirhead alleging that horseman Mr R Fensom drove JACUZZISUZZI carelessly causing interference to BETWEEN DREAMS [Driver Mr B Mangos ] with approximately 300 metres to run.
The Rule was read to Mr Fensom and he acknowledged that he understood it.
Mr Muirhead demonstrated the incident by use of the video films and showed Mr Fensom driving along the marker line and he said that Mr Fensom was driving with a certain amount of vigour but that he was not in control of his horse. He showed where Mr Fensom's horse ran out and caused interference to Between Dreams causing that horse to break. Mr Muirhead pointed out that at the time Between Dreams was stopping but he was concerned at Mr Fensom's lack of control while still driving his horse with some vigour.
Mr Muirhead said that the Stipendiary Stewards believed that the degree of carelessness was at the higher end of the scale because of the way Mr Fensom was driving and his lack of control.
Mr Fensom did not have any questions of Mr Muirhead . He then told the Committee that his horse went to jam on the brakes at the 400 metre mark and he was driving with some vigour because he was trying to get it going again. He said his horse is ridiculously lazy and he was concerned that he was getting in the way of the horse behind him. He said that his horse had ducked out and he had straightened it but it ducked out again and he acknowledged that interference was caused to Mr Mangos's horse.
appealdecision:
isappeal:
submissionsfordecision:
Admitted
reasonsfordecision:
Admitted
Decision:
The Charge having been admitted is accordingly proven.
sumissionsforpenalty:
Mr Muirhead said that the JCA Guidelines provide for a $400.00 fine and/or a suspension of 2 weeks. Mr Muirhead submitted that a suspension of Mr Fensom's Horseman's Licence for at least 2 weeks was appropriate because the incident could have been avoided if Mr Fensom had have had control of his horse.
Mr Fensom did not make any submissions as to penalty. He did advise the Committee that he did not have any declared drives at Cambridge the following night and that he was not going to the Manawatu Meeting the following week.
reasonsforpenalty:
The Committee viewed the Films again and we are firmly of the view that Mr Fensom did not have any great measure of control over his horse at the time of the incident. Despite the fact that his horse had previously ducked out Mr Fensom continued driving it with some vigour and he was shaking the reins at it. He also should have been worrying about keeping his own horse straight rather than whether he was in the way of the following horse.
In our view this was a very poor display of driving.
We give Mr Fensom credit for his Guilty Plea and his good Driving Record but although he caused interference to a tiring horse we are of the view that a suspension of Mr Fensom's Horseman's Licence is warranted. We are aware that Mr Fensom does not drive extensively and we understand that he does not normally go to the Manawatu meetings so we have not taken the 2 meetings in late November into account.
penalty:
We accordingly suspend Mr Fensom's Horseman's Licence from the conclusion of Racing today up to the conclusion of Racing on the 3rd of December 2010. That is 4 driving days.
hearing_type: Hearing
Rules: R869 (3) (b)
Informant: Mr JM Muirhead
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: aec4b03c55af0ba060566ca588d79320
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 1445291a6550702c2dd4785b647e60b8
meet_expapproval: approved
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 12/11/2010
meet_title: Manukau TC - 12 November 2010
meet_expappcomment:
meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "BScott", "Member": "", "OtherExpenses": "0", "KMs": "106", "Total": "65.72", "kmprice": 65.719999999999999, "Approved": "on"}]
meet_otherexp:
tracklocation: manukau-tc
meet_racingtype: harness-racing
meet_chair: BScott
meet_pm1: JHolloway
meet_pm2: none
name: Manukau TC