NZ Metro TC 24 March 2021 – R 4 – Chair, Mr R McKenzie
ID: JCA11927
Meet Title:
NZ Metro TC - 24 March 2021
Meet Chair:
RMcKenzie
Race Date:
2021/03/24
Race Number:
R4
Decision:
The charge was found proved.
Penalty:
Mr May’s application for a deferment is granted. His Open Driver’s licence is suspended from after the close of racing on 28 March 2021 up to and including 5 April 2021 – 3 days. The meetings intended to be encompassed by the term of suspension are NZ Metropolitan TC on 31 March and 3 April and Banks Peninsula TC on 5 April 2021.
Facts:
Following the running of Race 4, IRT. Your Horse. Our Passion. Pace, an Information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Driver, Mr R T May, alleging that, as the driver of DALNESS FIRST in the race, he “drove carelessly when shifting ground inwards shortly after the start when insufficiently clear of BETTORLINI (B T Hope) which was checked with YANKEE JAY (J W Cox) also being checked”.
Mr May had signed the Statement by the Respondent on the Information form indicating that he denied the breach and he confirmed this at the hearing, at which he was present.
Rule 869 provides as follows:
(3) No driver shall in any race drive:-
(b) carelessly
Submissions for Decision:
Mr Renault had Manager of Stewards, Mr N G McIntyre, show the three available video replays of the first 200 metres of the 2000 metres standing start race. He pointed out DALNESS FIRST, driven by Mr May, and BETTORLINI, driven by Mr Hope, which had drawn barrier positions 9 and 4 respectively at the 2000 metres standing start.
Mr McIntyre said that Mr May’s runner had “scrambled away” from its wide barrier, then came down the track, at no stage clear of Mr Hope, and into the path of Mr Hope. Mr Hope’s runner, clearly established to the inside of May, “scrambled” and checked the horse on its inside, YANKEE JAY (J W Cox), which galloped.
Mr Renault said, with reference to the side-on video replay, that Mr May could be seen to be coming down the track. Mr Hope, on his inside, was asking his horse to improve and, just prior to the incident, Mr Hope could be seen to take hold of his horse. However, Mr Renault alleged, Mr May had continued to shift down the track at a “very sharp angle” and was never clear of Mr Hope. Mr May had got onto the back of IRON WOMAN (K K Tomlinson), which was restraining to get cover but Mr May elected to go on the inside of that runner and, as a result, got awkward to the inside and made contact with Mr Hope’s runner, not being clear of that runner, Mr Renault alleged. Mr Hope had nowhere to go and was checked. Stewards believed that Mr May had driven carelessly in shifting down at that angle and at that speed, he said.
Mr May called Mr Hope to give evidence. The video replays were first shown to him. Mr May said that Mr Hope’s runner had been quite slow away and Mr Hope had taken hold. Mr May said that the worst thing was that the runner in front of him, IRON WOMAN, was pulling back.
Mr Hope said that he had seen Miss Tomlinson looking to push Mr May down and he decided to take evasive action by pulling back but his horse had not reacted, he said. Mr May submitted that the main factor in the incident was Miss Tomlinson pulling back as she did, because he was behind her. He had to pull back on his runner, he said, and Mr Hope’s runner had overreacted. Mr Hope stated that his runner, having its first start, did not react in time.
Mr Renault alleged that, on the side-on video Mr Hope could be seen to drive his horse forward. He asked it go with the whip before taking hold. Mr Renault submitted that, when Mr May eased his runner, he slapped it up with the right rein to go inside Miss Tomlinson. Mr Hope and another runner were actually inside him at that point, and it followed that Mr May was not entitled to shift inwards.
Mr Renault asked Mr Hope whether he believed that Mr May was clear when he shifted ground. After some hesitation, Mr Hope answered “probably not”. He admitted that he had “chased up” his runner, but had then changed his mind when he thought that both Miss Tomlinson and Mr May were “slotting in”.
Mr May alleged that IRON WOMAN had been well in front of him at the start but had “pulled right back”.
Reasons for Decision:
The Committee was satisfied that Mr May had driven carelessly. The video replays clearly showed the incident in which Mr Hope was forced to restrain his runner, which was checked with a consequent check to YANKEE JAY, which galloped and went to the inside of the track markers, losing all chance.
The Committee finds that the incident was the result of Mr May, whose runner had drawn second-from-the-outside of the ten runners on the front row at the start, shifting across at speed at a sharp angle. He continued to shift in when not clear of Mr Hope, on his inside. Mr Hope confirmed that Mr May had not been clear.
The Committee further finds that IRON WOMAN did not contribute to the incident. Miss Tomlinson may have been easing that runner in a gradual manner, which she was entitled to do. Mr May appeared to be attempting to go on the inside of that runner but was not clear of Mr Hope, who was driving his runner forward to take up a handy position, after having galloped for several strides at the start.
Submissions for Penalty:
Mr Renault told the hearing that Mr May has had 428 drives this season, and 369 last season. His record for careless driving is clear.
Stewards see the breach as being in the high range – Mr May has come down at a sharp angle and taken two, possibly three runners, one having lost all chance, Mr Renault said.
From the Penalty Guide starting point of a 10-drives suspension, Mr Renault submitted, an uplift should be applied for the high-level nature of the breach. Mr May’s good record is a mitigating factor. Stewards were submitting that a 3-days suspension is an appropriate penalty.
It was agreed that Mr May would, on average, have five drives per meeting. The matter of a deferment was discussed following which Mr May elected to take a deferment to enable him to fulfil a number of engagements he has agreed to for the Waimate TC meeting on 28 March.
Reasons for Penalty:
The Penalty Guide suggests a starting point of a 10-drives suspension for a mid-level breach of the careless driving rule. The Committee agrees with the submission of Mr Renault that this breach is in the high range, warranting an uplift from that starting point. The Committee has fixed that uplift at 5 drives.
In Mr May’s case, a 15-drives suspension would equate to 3 days, based on Mr May having five drives per meeting. That was agreed. The only mitigating factor is Mr May’s record which is a good one. However, to give a discount for that factor would result in a period of suspension of less than 3 days. This breach demands a period of suspension of not less than 3 days.
JCA Decision Fields (raw)
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hearingid: 2c1b210fed571cc6c067627ddd46ec3f
informantnumber: 13305
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: denied
penaltyrequired: 1
decisiondate: 25/03/2021
hearing_title: NZ Metro TC 24 March 2021 - R 4 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 4, IRT. Your Horse. Our Passion. Pace, an Information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Driver, Mr R T May, alleging that, as the driver of DALNESS FIRST in the race, he “drove carelessly when shifting ground inwards shortly after the start when insufficiently clear of BETTORLINI (B T Hope) which was checked with YANKEE JAY (J W Cox) also being checked”.
Mr May had signed the Statement by the Respondent on the Information form indicating that he denied the breach and he confirmed this at the hearing, at which he was present.
Rule 869 provides as follows:
(3) No driver shall in any race drive:-
(b) carelessly
appealdecision:
isappeal:
submissionsfordecision:
Mr Renault had Manager of Stewards, Mr N G McIntyre, show the three available video replays of the first 200 metres of the 2000 metres standing start race. He pointed out DALNESS FIRST, driven by Mr May, and BETTORLINI, driven by Mr Hope, which had drawn barrier positions 9 and 4 respectively at the 2000 metres standing start.
Mr McIntyre said that Mr May’s runner had “scrambled away” from its wide barrier, then came down the track, at no stage clear of Mr Hope, and into the path of Mr Hope. Mr Hope’s runner, clearly established to the inside of May, “scrambled” and checked the horse on its inside, YANKEE JAY (J W Cox), which galloped.
Mr Renault said, with reference to the side-on video replay, that Mr May could be seen to be coming down the track. Mr Hope, on his inside, was asking his horse to improve and, just prior to the incident, Mr Hope could be seen to take hold of his horse. However, Mr Renault alleged, Mr May had continued to shift down the track at a “very sharp angle” and was never clear of Mr Hope. Mr May had got onto the back of IRON WOMAN (K K Tomlinson), which was restraining to get cover but Mr May elected to go on the inside of that runner and, as a result, got awkward to the inside and made contact with Mr Hope’s runner, not being clear of that runner, Mr Renault alleged. Mr Hope had nowhere to go and was checked. Stewards believed that Mr May had driven carelessly in shifting down at that angle and at that speed, he said.
Mr May called Mr Hope to give evidence. The video replays were first shown to him. Mr May said that Mr Hope’s runner had been quite slow away and Mr Hope had taken hold. Mr May said that the worst thing was that the runner in front of him, IRON WOMAN, was pulling back.
Mr Hope said that he had seen Miss Tomlinson looking to push Mr May down and he decided to take evasive action by pulling back but his horse had not reacted, he said. Mr May submitted that the main factor in the incident was Miss Tomlinson pulling back as she did, because he was behind her. He had to pull back on his runner, he said, and Mr Hope’s runner had overreacted. Mr Hope stated that his runner, having its first start, did not react in time.
Mr Renault alleged that, on the side-on video Mr Hope could be seen to drive his horse forward. He asked it go with the whip before taking hold. Mr Renault submitted that, when Mr May eased his runner, he slapped it up with the right rein to go inside Miss Tomlinson. Mr Hope and another runner were actually inside him at that point, and it followed that Mr May was not entitled to shift inwards.
Mr Renault asked Mr Hope whether he believed that Mr May was clear when he shifted ground. After some hesitation, Mr Hope answered “probably not”. He admitted that he had “chased up” his runner, but had then changed his mind when he thought that both Miss Tomlinson and Mr May were “slotting in”.
Mr May alleged that IRON WOMAN had been well in front of him at the start but had “pulled right back”.
reasonsfordecision:
The Committee was satisfied that Mr May had driven carelessly. The video replays clearly showed the incident in which Mr Hope was forced to restrain his runner, which was checked with a consequent check to YANKEE JAY, which galloped and went to the inside of the track markers, losing all chance.
The Committee finds that the incident was the result of Mr May, whose runner had drawn second-from-the-outside of the ten runners on the front row at the start, shifting across at speed at a sharp angle. He continued to shift in when not clear of Mr Hope, on his inside. Mr Hope confirmed that Mr May had not been clear.
The Committee further finds that IRON WOMAN did not contribute to the incident. Miss Tomlinson may have been easing that runner in a gradual manner, which she was entitled to do. Mr May appeared to be attempting to go on the inside of that runner but was not clear of Mr Hope, who was driving his runner forward to take up a handy position, after having galloped for several strides at the start.
Decision:
The charge was found proved.
sumissionsforpenalty:
Mr Renault told the hearing that Mr May has had 428 drives this season, and 369 last season. His record for careless driving is clear.
Stewards see the breach as being in the high range – Mr May has come down at a sharp angle and taken two, possibly three runners, one having lost all chance, Mr Renault said.
From the Penalty Guide starting point of a 10-drives suspension, Mr Renault submitted, an uplift should be applied for the high-level nature of the breach. Mr May’s good record is a mitigating factor. Stewards were submitting that a 3-days suspension is an appropriate penalty.
It was agreed that Mr May would, on average, have five drives per meeting. The matter of a deferment was discussed following which Mr May elected to take a deferment to enable him to fulfil a number of engagements he has agreed to for the Waimate TC meeting on 28 March.
reasonsforpenalty:
The Penalty Guide suggests a starting point of a 10-drives suspension for a mid-level breach of the careless driving rule. The Committee agrees with the submission of Mr Renault that this breach is in the high range, warranting an uplift from that starting point. The Committee has fixed that uplift at 5 drives.
In Mr May’s case, a 15-drives suspension would equate to 3 days, based on Mr May having five drives per meeting. That was agreed. The only mitigating factor is Mr May’s record which is a good one. However, to give a discount for that factor would result in a period of suspension of less than 3 days. This breach demands a period of suspension of not less than 3 days.
penalty:
Mr May’s application for a deferment is granted. His Open Driver’s licence is suspended from after the close of racing on 28 March 2021 up to and including 5 April 2021 – 3 days. The meetings intended to be encompassed by the term of suspension are NZ Metropolitan TC on 31 March and 3 April and Banks Peninsula TC on 5 April 2021.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: S P Renault, Stipendiary Steward
JockeysandTrainer: R T May, Licensed Open Driver
Otherperson: N G McIntyre, Manager of Stewards, Mr B T Hope - Licensed Junior Driver
PersonPresent:
Respondent:
StipendSteward:
raceid: 529a4ec0e74353106862cc40a2a1967f
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race_emailed1: 0
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race_title: R4
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meetid: ac0be9c938ff55937aec5b63a84b941a
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meetdate: 24/03/2021
meet_title: NZ Metro TC - 24 March 2021
meet_expappcomment:
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tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
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name: NZ Metro TC