Geraldine TC 2 February 2013 – R 10
ID: JCA12154
Meet Title:
Geraldine TC - 2 February 2013
Meet Chair:
JPhelan
Meet Committee Member 1:
RMcKenzie
Race Date:
2013/02/02
Race Number:
R1
Decision:
The charge was found to be proved.
Penalty:
On resuming the hearing we advised the parties of our reasons (see above) and that Mr Thomas was fined the sum of $250-00.
Charge:
Alleged careless driving
Facts:
Following the running of Race 10, the Village Inn Geraldine Mobile Pace, an Information was filed by Stipendiary Steward Mr S. P. Renault alleging careless driving by Mr J. C. E. Thomas, the driver of “Cullens Spirit” (2).
The charge reads as follows:
“I the above named informant allege that the above named Respondent committed a breach of Rule 869(3)(b) (in that) Mr Thomas drove carelessly on the home turn when shifting outwards resulting in G. Chmiel (Tapestry Franco) having to change ground.”
Rules 869(3)(b) reads as follows:
“(3) No horseman in any race shall drive:-
(b) carelessly..”
Mr Thomas had indicated on the Information that this breach of the Rules was admitted and he confirmed this at the hearing. Mr Thomas also agreed that he understood the charge and the Rule it was brought under. Mr Thomas is a Junior Horseman and he was assisted at this hearing by Open Horseman Mr J. R. Dunn.
Submissions for Decision:
Mr Renault gave evidence and used video coverage to show that on the home turn Mr Thomas was in the trail with Mrs Chmiel (“Tapestry Franco” (4)) in the 1 x 1. The lead horse was starting to tire and Mr Thomas elected to move outwards and in doing so caused Mrs Chmiel to be tightened for racing room. Mrs Chmiel then had to take hold of her horse. Mrs Chmiel was spoken to after the race and said that her horse’s chances were not affected as it was only battling at the time.
Mr Dunn did not dispute the basic facts of this incident, but said that Mr Thomas’ horse ducked out a little at the wrong time which made the incident look worse than it was.
Reasons for Decision:
As Mr Thomas had admitted this breach it was found to be proved in accordance with Rule 1111(1)(d).
Submissions for Penalty:
In relation to penalty Mr Renault advised that Mr Thomas had not previously breached this Rule, had admitted the breach and assessed the seriousness as being “mid-range”. Mr Ydgren referred to the Penalty Guide which gives a starting point of 8 drives or a fine of $400-00.
Mr Thomas advised that he preferred a fine to a suspension, but had no other relevant submissions to make.
We adjourned to consider the matter of penalty.
Reasons for Penalty:
In relation to penalty we took into account that Mr Thomas had a good record, had admitted the breach, and that the breach was assessed as being in the mid-range of seriousness.
Taking all matters into account we decided that a fine of $250-00 would be imposed in this case.
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: 392f1dce06526f5f2d6a59a7e7841133
informantnumber: A1969
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 30/01/2013
hearing_title: Geraldine TC 2 February 2013 - R 10
charge:
Alleged careless driving
facts:
Following the running of Race 10, the Village Inn Geraldine Mobile Pace, an Information was filed by Stipendiary Steward Mr S. P. Renault alleging careless driving by Mr J. C. E. Thomas, the driver of “Cullens Spirit” (2).
The charge reads as follows:
“I the above named informant allege that the above named Respondent committed a breach of Rule 869(3)(b) (in that) Mr Thomas drove carelessly on the home turn when shifting outwards resulting in G. Chmiel (Tapestry Franco) having to change ground.”
Rules 869(3)(b) reads as follows:
“(3) No horseman in any race shall drive:-
(b) carelessly..”
Mr Thomas had indicated on the Information that this breach of the Rules was admitted and he confirmed this at the hearing. Mr Thomas also agreed that he understood the charge and the Rule it was brought under. Mr Thomas is a Junior Horseman and he was assisted at this hearing by Open Horseman Mr J. R. Dunn.
appealdecision:
isappeal:
submissionsfordecision:
Mr Renault gave evidence and used video coverage to show that on the home turn Mr Thomas was in the trail with Mrs Chmiel (“Tapestry Franco” (4)) in the 1 x 1. The lead horse was starting to tire and Mr Thomas elected to move outwards and in doing so caused Mrs Chmiel to be tightened for racing room. Mrs Chmiel then had to take hold of her horse. Mrs Chmiel was spoken to after the race and said that her horse’s chances were not affected as it was only battling at the time.
Mr Dunn did not dispute the basic facts of this incident, but said that Mr Thomas’ horse ducked out a little at the wrong time which made the incident look worse than it was.
reasonsfordecision:
As Mr Thomas had admitted this breach it was found to be proved in accordance with Rule 1111(1)(d).
Decision:
The charge was found to be proved.
sumissionsforpenalty:
In relation to penalty Mr Renault advised that Mr Thomas had not previously breached this Rule, had admitted the breach and assessed the seriousness as being “mid-range”. Mr Ydgren referred to the Penalty Guide which gives a starting point of 8 drives or a fine of $400-00.
Mr Thomas advised that he preferred a fine to a suspension, but had no other relevant submissions to make.
We adjourned to consider the matter of penalty.
reasonsforpenalty:
In relation to penalty we took into account that Mr Thomas had a good record, had admitted the breach, and that the breach was assessed as being in the mid-range of seriousness.
Taking all matters into account we decided that a fine of $250-00 would be imposed in this case.
penalty:
On resuming the hearing we advised the parties of our reasons (see above) and that Mr Thomas was fined the sum of $250-00.
hearing_type: Hearing
Rules: Rule 869(3)(b)
Informant: Mr S. P. Renault - Stipendiary Steward
JockeysandTrainer: Mr J. C. E. Thomas - Junior Horseman
Otherperson: Mr J. R. Dunn - Open Horseman assisting Mr Thomas
PersonPresent:
Respondent:
StipendSteward:
raceid: 8a2fbd43b3b7104146f8d7229dd14c95
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: 705a9a4c0c6c2a2744a16ff7a7f46682
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 02/02/2013
meet_title: Geraldine TC - 2 February 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: geraldine-tc
meet_racingtype: harness-racing
meet_chair: JPhelan
meet_pm1: RMcKenzie
meet_pm2: none
name: Geraldine TC