Archive Decision

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Manawatu HRC 20 February 2014 – R 8

ID: JCA12307

Applicant:
Mr R Neal - Co-Chief Stipendiary Steward

Respondent(s):
Mr S Lawson - Horseman

Other Person:
Mr R Neal - Co-Chief Stipendiary Steward, Mr J Muirhead - Stipendiary Steward

Information Number:
A3767

Hearing Type:
Hearing

New Charge:
Careless Driving

Rules:
869(3)(b)

Plea:
admitted

Meet Title:
Manawatu HRC - 20 February 2014

Meet Chair:
NMcCutcheon

Race Date:
2014/02/20

Race Number:
R 8

Decision:

Due to the breach being admitted it was found to be proved.

Penalty:

Mr Lawson was fined $200.00.

Facts:

Following the running of Race 8 Buckles Birthday Bash Mobile Pace 2500m, an information pursuant to Rule 869(3)(b) was filed with the Judicial Committee. The information stated that horseman Mr S Lawson drove Westburn Creed carelessly, causing interference to Winsome Falcon (P Ferguson) with 100m to travel.

Rule 869(3)(b) reads:

No horseman in any race shall drive carelessly.

Mr Lawson acknowledged that he understood the rule, the charge and that he admitted the breach.

Mr Muirhead showed all available films and said that after passing the commencement of the cutaway lane Mr Lawson and his horse were behind the leading horse, at that stage Mr Ferguson had improved his horse up on the inside of Mr Lawson’s sulky. He said that shortly afterwards Mr Lawson allowed his horse to shift in and tighten Mr Ferguson’s horse and wheels were locked for a short distance. He added that as a consequence Winsome Falcon’s progress was impeded.

Mr Lawson for his part, said that his horse is a long striding lazy pacer and that when he hit it (3 times) that it had rolled in. He said that he was not aware he had tightened the inside runner until after it had happened. He added that he should have been aware of the situation and that it was an error on his part.

Submissions for Penalty:

Mr Neal said that it was an error of judgment and put the carelessness at the lower end of the scale. The record showed that Mr Lawson had a very good record insofar as careless driving is concerned, when it is taken into account that he drives on a regular basis. Mr Neal submitted that a fine between $150 - $300 would be an appropriate penalty.

Mr Lawson said that he considered the incident to be minor and believed a fine at the lower end would be a sufficient penalty.

Reasons for Penalty:

The committee took into account the admission of the breach, very good record, and that the carelessness was at the lower end of the scale.

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: 4bf2f8847369c9ce1ee89a47b8103081


informantnumber: A3767


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Driving


plea: admitted


penaltyrequired: 1


decisiondate: 23/02/2014


hearing_title: Manawatu HRC 20 February 2014 - R 8


charge:


facts:

Following the running of Race 8 Buckles Birthday Bash Mobile Pace 2500m, an information pursuant to Rule 869(3)(b) was filed with the Judicial Committee. The information stated that horseman Mr S Lawson drove Westburn Creed carelessly, causing interference to Winsome Falcon (P Ferguson) with 100m to travel.

Rule 869(3)(b) reads:

No horseman in any race shall drive carelessly.

Mr Lawson acknowledged that he understood the rule, the charge and that he admitted the breach.

Mr Muirhead showed all available films and said that after passing the commencement of the cutaway lane Mr Lawson and his horse were behind the leading horse, at that stage Mr Ferguson had improved his horse up on the inside of Mr Lawson’s sulky. He said that shortly afterwards Mr Lawson allowed his horse to shift in and tighten Mr Ferguson’s horse and wheels were locked for a short distance. He added that as a consequence Winsome Falcon’s progress was impeded.

Mr Lawson for his part, said that his horse is a long striding lazy pacer and that when he hit it (3 times) that it had rolled in. He said that he was not aware he had tightened the inside runner until after it had happened. He added that he should have been aware of the situation and that it was an error on his part.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Due to the breach being admitted it was found to be proved.


sumissionsforpenalty:

Mr Neal said that it was an error of judgment and put the carelessness at the lower end of the scale. The record showed that Mr Lawson had a very good record insofar as careless driving is concerned, when it is taken into account that he drives on a regular basis. Mr Neal submitted that a fine between $150 - $300 would be an appropriate penalty.

Mr Lawson said that he considered the incident to be minor and believed a fine at the lower end would be a sufficient penalty.


reasonsforpenalty:

The committee took into account the admission of the breach, very good record, and that the carelessness was at the lower end of the scale.


penalty:

Mr Lawson was fined $200.00.


hearing_type: Hearing


Rules: 869(3)(b)


Informant: Mr R Neal - Co-Chief Stipendiary Steward


JockeysandTrainer: Mr S Lawson - Horseman


Otherperson: Mr R Neal - Co-Chief Stipendiary Steward, Mr J Muirhead - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 8774bd40d6144b16a196745dc5abada1


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 8


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: c19150671b6c90c5787d3af951e709d6


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 20/02/2014


meet_title: Manawatu HRC - 20 February 2014


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: manawatu-hrc


meet_racingtype: harness-racing


meet_chair: NMcCutcheon


meet_pm1: none


meet_pm2: none


name: Manawatu HRC