Archive Decision

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NZ Metro TC 30 June 2016 – R 5 – Chair, Mr R McKenzie

ID: JCA12124

Applicant:
N M Ydgren, Stipendiary Steward

Respondent(s):
D J Keast, Licensed Junior Horseman

Information Number:
A8036

Hearing Type:
Hearing

New Charge:
Careless Driving

Rules:
869(3)(b)

Plea:
admitted

Meet Title:
NZ Metro TC - 30 June 2016

Meet Chair:
RMcKenzie

Meet Committee Member 1:
DJackson

Race Date:
2016/06/30

Race Number:
R5

Decision:

Mr Keast having admitted the charge, the charge was found proved.

Penalty:

Mr Keast was fined the sum of $250.

Facts:

Following the running of Race 5, Cavell Leitch Immigration Team Mobile Pace, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Junior Driver, Mr D J Keast, alleging that Mr Keast, as the driver of GOING TO CALIFORNIA in the race, “drove carelessly near the 1100 metres when allowing GOING TO CALIFORNIA to strike the sulky wheel of SANS LE SOU (R J Alfeld) resulting in GOING TO CALIFORNIA breaking and losing its chance”.

Mr Keast was present at the hearing of the information. When asked by the Committee, he stated that he did not wish to have the assistance of a Senior Horseman at the hearing. He indicated that he admitted the breach.

Rule 869 provides as follows:

(3) No horseman in any race shall drive:-

     (b) carelessly.

Mr Ydgren showed a video replay of the incident with approximately 1100 metres to run. He pointed out Mr Keast, driving GOING TO CALIFORNIA, racing in last position as the field approached the bend out of the home straight. Directly in front of him was SANS LE SOU, driven by Mr Alfeld. At that point, Mr Keast eased out to get on the back of SANS LE SOU. He was hard on Mr Alfeld’s back, Mr Ydgren said, which did not leave much margin for error. Shortly thereafter, the off-front leg of GOING TO CALIFORNIA firmly struck the outside sulky wheel of SANS LE SOU, causing GOING TO CALIFORNIA to break and lose its chance. 

Submissions for Penalty:

Mr Ydgren told the Committee that Mr Keast has had in excess of 50 drive this season – his first as a Junior Horseman. He has been driving with considerable success (the Committee noted that he had driven five winners). He has not been spoken to by the Stewards and has no warnings or charges on his record. His record was, therefore, excellent, Mr Ydgren said. He had frankly admitted the breach at the first opportunity and would learn from this experience.

Mr Ydgren referred to the Penalty Guide starting point of a fine of $500 or a 10-drives’ suspension. Stewards were submitting that, taking all factors into account, a fine in the vicinity of $300 was appropriate. No other runner’s chances had been affected in the incident. It was a “miscalculation” by Mr Keast who had “got it wrong for a stride”, Mr Ydgren said.

Mr Keast said that there was not much he could say concerning the incident and that the video replay said it all. He said that he was in a position to pay a fine and would prefer a fine to a suspension.

Reasons for Penalty:

In considering penalty, the Committee had regard to the Penalty Guide starting point of a $500 fine. Mr Keast was entitled to a discount for several mitigating factors – his frank admission of the breach, his record which Mr Ydgren described as “excellent” and the low-end nature of the breach. We assessed the appropriate discount for those factors at $200. The Committee was also impressed by Mr Keast’s attitude and felt that he was entitled to a further small discount for that and for being a Junior Horseman of considerable promise who deserved encouragement.

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: 350bde9373ccd0e4e93e33afafb35d72


informantnumber: A8036


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Driving


plea: admitted


penaltyrequired: 1


decisiondate: 04/07/2016


hearing_title: NZ Metro TC 30 June 2016 - R 5 - Chair, Mr R McKenzie


charge:


facts:

Following the running of Race 5, Cavell Leitch Immigration Team Mobile Pace, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Junior Driver, Mr D J Keast, alleging that Mr Keast, as the driver of GOING TO CALIFORNIA in the race, “drove carelessly near the 1100 metres when allowing GOING TO CALIFORNIA to strike the sulky wheel of SANS LE SOU (R J Alfeld) resulting in GOING TO CALIFORNIA breaking and losing its chance”.

Mr Keast was present at the hearing of the information. When asked by the Committee, he stated that he did not wish to have the assistance of a Senior Horseman at the hearing. He indicated that he admitted the breach.

Rule 869 provides as follows:

(3) No horseman in any race shall drive:-

     (b) carelessly.

Mr Ydgren showed a video replay of the incident with approximately 1100 metres to run. He pointed out Mr Keast, driving GOING TO CALIFORNIA, racing in last position as the field approached the bend out of the home straight. Directly in front of him was SANS LE SOU, driven by Mr Alfeld. At that point, Mr Keast eased out to get on the back of SANS LE SOU. He was hard on Mr Alfeld’s back, Mr Ydgren said, which did not leave much margin for error. Shortly thereafter, the off-front leg of GOING TO CALIFORNIA firmly struck the outside sulky wheel of SANS LE SOU, causing GOING TO CALIFORNIA to break and lose its chance. 


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr Keast having admitted the charge, the charge was found proved.


sumissionsforpenalty:

Mr Ydgren told the Committee that Mr Keast has had in excess of 50 drive this season – his first as a Junior Horseman. He has been driving with considerable success (the Committee noted that he had driven five winners). He has not been spoken to by the Stewards and has no warnings or charges on his record. His record was, therefore, excellent, Mr Ydgren said. He had frankly admitted the breach at the first opportunity and would learn from this experience.

Mr Ydgren referred to the Penalty Guide starting point of a fine of $500 or a 10-drives’ suspension. Stewards were submitting that, taking all factors into account, a fine in the vicinity of $300 was appropriate. No other runner’s chances had been affected in the incident. It was a “miscalculation” by Mr Keast who had “got it wrong for a stride”, Mr Ydgren said.

Mr Keast said that there was not much he could say concerning the incident and that the video replay said it all. He said that he was in a position to pay a fine and would prefer a fine to a suspension.


reasonsforpenalty:

In considering penalty, the Committee had regard to the Penalty Guide starting point of a $500 fine. Mr Keast was entitled to a discount for several mitigating factors – his frank admission of the breach, his record which Mr Ydgren described as “excellent” and the low-end nature of the breach. We assessed the appropriate discount for those factors at $200. The Committee was also impressed by Mr Keast’s attitude and felt that he was entitled to a further small discount for that and for being a Junior Horseman of considerable promise who deserved encouragement.


penalty:

Mr Keast was fined the sum of $250.


hearing_type: Hearing


Rules: 869(3)(b)


Informant: N M Ydgren, Stipendiary Steward


JockeysandTrainer: D J Keast, Licensed Junior Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: e71001ad9e18e67f8723fee665d30708


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R5


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: bae9e89b1fae04d83ad30042ccff7745


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 30/06/2016


meet_title: NZ Metro TC - 30 June 2016


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: nz-metro-tc


meet_racingtype: harness-racing


meet_chair: RMcKenzie


meet_pm1: DJackson


meet_pm2: none


name: NZ Metro TC