NZ Metro TC – 28 June 2011 – R 7
ID: JCA12316
Meet Title:
NZ Metro TC - 28 June 2011
Meet Chair:
JPhelan
Meet Committee Member 1:
PRosanowski
Race Date:
2011/06/28
Race Number:
R7
Decision:
As Mr McCormick had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
Mr McCormick was fined the sum of $200-00.
Charge:
Alleged breach of Rule 869(3)(b)
Facts:
Following the running of Race 7, the Copthorne Hotel Commodore Ch-Ch Airport Handicap Trot, an Information was filed by Stipendiary Steward Mr N. M. Ydgren against Open Horseman Mr D. G. McCormick, the driver of “Perfect For Us” (5), alleging a breach of Rule 869(3)(b) in that he drove carelessly.
The charge reads as follows.
“I the above named informant allege that the above named Defendant committed a breach of Rule 869(3)(b) in that you drove carelessly by allowing your horse Perfect For Us to strike the sulky wheel of Brite Autumn which caused your horse to break.”
Rules 869(3)(b) reads as follows,
“(3) No horseman in any race shall drive:-
(b) carelessly..”
Mr McCormick had indicated on the Information that this breach of the Rules was admitted and he confirmed this at the hearing. He also agreed that he understood the charge and the Rule it was brought under.
Submissions for Decision:
Stipendiary Steward Mr N. M. Ydgren gave evidence and used video coverage to illustrate that in the back straight for the last time Mr McCormick had allowed his horse to strike the wheel of “Brite Autumn” causing his own horse to break for between 20 – 30 metres. “Brite Autumn” went on to win the race with Mr McCormick’s horse finishing third.
Mr McCormick did not dispute the facts of this matter.
Submissions for Penalty:
In relation to penalty Mr Ydgren advised that Mr McCormick had not previously breached this Rule, and that he had admitted the breach at the earliest opportunity. Mr Ydgren assessed the seriousness of this breach to be at the lower end of the scale as no other horse had been affected. Mr Ydgren submitted that a fine in the vicinity of $250-00 should be imposed in this case.
There were discussions about a suspension instead of a fine which was not resolved, and we said that we would consider the alternatives of a fine or a suspension.
We adjourned to consider the matter of penalty.
Reasons for Penalty:
In considering the matter of an appropriate penalty we took into account that Mr McCormick had admitted the breach and also that he had not previously breached this Rule. We also took into account that this breach was at the lower end of the scale and that no other horses had been affected by the breach. After considering all the aspects of this breach we decided that a fine should be imposed rather than a suspension, and that the fine should be $200-00.
JCA Decision Fields (raw)
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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: 4d58e956bca439fce53162242aaf65bf
informantnumber: 64884
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 23/06/2011
hearing_title: NZ Metro TC - 28 June 2011 - R 7
charge:
Alleged breach of Rule 869(3)(b)
facts:
Following the running of Race 7, the Copthorne Hotel Commodore Ch-Ch Airport Handicap Trot, an Information was filed by Stipendiary Steward Mr N. M. Ydgren against Open Horseman Mr D. G. McCormick, the driver of “Perfect For Us” (5), alleging a breach of Rule 869(3)(b) in that he drove carelessly.
The charge reads as follows.
“I the above named informant allege that the above named Defendant committed a breach of Rule 869(3)(b) in that you drove carelessly by allowing your horse Perfect For Us to strike the sulky wheel of Brite Autumn which caused your horse to break.”
Rules 869(3)(b) reads as follows,
“(3) No horseman in any race shall drive:-
(b) carelessly..”
Mr McCormick had indicated on the Information that this breach of the Rules was admitted and he confirmed this at the hearing. He also agreed that he understood the charge and the Rule it was brought under.
appealdecision:
isappeal:
submissionsfordecision:
Stipendiary Steward Mr N. M. Ydgren gave evidence and used video coverage to illustrate that in the back straight for the last time Mr McCormick had allowed his horse to strike the wheel of “Brite Autumn” causing his own horse to break for between 20 – 30 metres. “Brite Autumn” went on to win the race with Mr McCormick’s horse finishing third.
Mr McCormick did not dispute the facts of this matter.
reasonsfordecision:
Decision:
As Mr McCormick had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
sumissionsforpenalty:
In relation to penalty Mr Ydgren advised that Mr McCormick had not previously breached this Rule, and that he had admitted the breach at the earliest opportunity. Mr Ydgren assessed the seriousness of this breach to be at the lower end of the scale as no other horse had been affected. Mr Ydgren submitted that a fine in the vicinity of $250-00 should be imposed in this case.
There were discussions about a suspension instead of a fine which was not resolved, and we said that we would consider the alternatives of a fine or a suspension.
We adjourned to consider the matter of penalty.
reasonsforpenalty:
In considering the matter of an appropriate penalty we took into account that Mr McCormick had admitted the breach and also that he had not previously breached this Rule. We also took into account that this breach was at the lower end of the scale and that no other horses had been affected by the breach. After considering all the aspects of this breach we decided that a fine should be imposed rather than a suspension, and that the fine should be $200-00.
penalty:
Mr McCormick was fined the sum of $200-00.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr N. M. Ydgren - Stipendiary Steward
JockeysandTrainer: Mr D. G. McCormick - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: fe58ed5d7ae3c0ab5260b100d5f742b3
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 14a4a33c3fcf2c16e6a7e9c0aefb5785
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 28/06/2011
meet_title: NZ Metro TC - 28 June 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: JPhelan
meet_pm1: PRosanowski
meet_pm2: none
name: NZ Metro TC