HR Waikato 25 September 2015 – R 1 – Chair, Mr B Scott
ID: JCA12541
Meet Title:
Harness Racing Waikato - 25 September 2015
Meet Chair:
BScott
Meet Committee Member 1:
AGodsalve
Race Date:
2015/09/25
Race Number:
R1
Decision:
The breach is admitted and accordingly the charge is proved.
Penalty:
The Committee orders that Mr Judson's Licence be suspended from the conclusion of racing tonight up to the conclusion of racing on the 25th October 2015. We estimate that to be 2 driving days.
Facts:
Following the running of the CHANGEOVER AT NEVELE R STUD AMATEUR DRIVERS MOBILE PACE an Information was lodged by Stipendiary Steward Mr S Mulcay against Advanced Amateur Horseman Mr K Judson alleging that Mr Judson allowed his mare SHARDS PHOENIX to shift in near the 100 metres mark checking OUR SOUTHERN MAN.
Mr Judson was present at the Hearing and he advised the Committee that he understood the rule and admitted the breach.
Stipendiary Steward Mr JM Muirhead demonstrated the incident by use of the race films and showed that at approximately the 100 metres mark Mr Judson was driving his horse out and it ran in checking OUR SOUTHERN MAN. He said that the sulky wheel of Mr Judson's horse ran in under the stomach of OUR SOUTHERN MAN and that its Driver Mr J Kriechbaumer had to stop driving his horse.
Mr Judson said that he thought he had gone past Mr Kriechbaumer's horse. He said that he was not aware that he had caused any interference but upon seeing the films he had admitted the charge.
Submissions for Penalty:
Mr Mulcay submitted that the breach was at the low end of seriousness and that Mr Judson had admitted the breach and he had a very good record. He submitted that these factors should be taken into account by way of mitigation. He also pointed to the fact that Mr Judson is an Amateur Driver and he submitted that an appropriate penalty would be suspension of Licence for 3 days.
Mr Judson said that this was the first time he had been at a Hearing and he would leave any penalty up to the Committee. He said he had been driving for 15 years and his record should be looked at against that background.
Reasons for Penalty:
The Committee reviewed the race films and these clearly showed Mr Judson in the straight on the outside of OUR SOUTHERN MAN and then moving in and causing interference to that horse. It was a concern to the Committee that firstly Mr Judson does not seem to be aware that he had moved in and caused interference and secondly as a result of this he took no evasive action whatsoever.
The Committee does agree with Mr Mulcay that this incident is at the low end of the scale and furthermore the chances of OUR SOUTHERN MAN do not seem to be affected.
Mr Judson is given credit for admitting the breach and for his very good record. The Committee has also looked at previous penalties given to Amateur Drivers for similar offences.
Taking all matters into account the Committee believes that a suspension for a period shorter than that proposed by Mr Mulcay is appropriate.
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: 6a8a75e30b26dff13decbe1120564553
informantnumber: A3678
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: careless driving
plea: admitted
penaltyrequired: 1
decisiondate: 28/09/2015
hearing_title: HR Waikato 25 September 2015 - R 1 - Chair, Mr B Scott
charge:
facts:
Following the running of the CHANGEOVER AT NEVELE R STUD AMATEUR DRIVERS MOBILE PACE an Information was lodged by Stipendiary Steward Mr S Mulcay against Advanced Amateur Horseman Mr K Judson alleging that Mr Judson allowed his mare SHARDS PHOENIX to shift in near the 100 metres mark checking OUR SOUTHERN MAN.
Mr Judson was present at the Hearing and he advised the Committee that he understood the rule and admitted the breach.
Stipendiary Steward Mr JM Muirhead demonstrated the incident by use of the race films and showed that at approximately the 100 metres mark Mr Judson was driving his horse out and it ran in checking OUR SOUTHERN MAN. He said that the sulky wheel of Mr Judson's horse ran in under the stomach of OUR SOUTHERN MAN and that its Driver Mr J Kriechbaumer had to stop driving his horse.
Mr Judson said that he thought he had gone past Mr Kriechbaumer's horse. He said that he was not aware that he had caused any interference but upon seeing the films he had admitted the charge.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The breach is admitted and accordingly the charge is proved.
sumissionsforpenalty:
Mr Mulcay submitted that the breach was at the low end of seriousness and that Mr Judson had admitted the breach and he had a very good record. He submitted that these factors should be taken into account by way of mitigation. He also pointed to the fact that Mr Judson is an Amateur Driver and he submitted that an appropriate penalty would be suspension of Licence for 3 days.
Mr Judson said that this was the first time he had been at a Hearing and he would leave any penalty up to the Committee. He said he had been driving for 15 years and his record should be looked at against that background.
reasonsforpenalty:
The Committee reviewed the race films and these clearly showed Mr Judson in the straight on the outside of OUR SOUTHERN MAN and then moving in and causing interference to that horse. It was a concern to the Committee that firstly Mr Judson does not seem to be aware that he had moved in and caused interference and secondly as a result of this he took no evasive action whatsoever.
The Committee does agree with Mr Mulcay that this incident is at the low end of the scale and furthermore the chances of OUR SOUTHERN MAN do not seem to be affected.
Mr Judson is given credit for admitting the breach and for his very good record. The Committee has also looked at previous penalties given to Amateur Drivers for similar offences.
Taking all matters into account the Committee believes that a suspension for a period shorter than that proposed by Mr Mulcay is appropriate.
penalty:
The Committee orders that Mr Judson's Licence be suspended from the conclusion of racing tonight up to the conclusion of racing on the 25th October 2015. We estimate that to be 2 driving days.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr S Mulcay - Stipendiary Steward
JockeysandTrainer: Mr K Judson - Advanced Amateur Horseman
Otherperson: Mr J M Muirhead - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 59f6baf2e99f3074388ec395b4cd5864
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: f7aa698331f5878e3d9b921a7b27c3d5
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 25/09/2015
meet_title: Harness Racing Waikato - 25 September 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: harness-racing-waikato
meet_racingtype: harness-racing
meet_chair: BScott
meet_pm1: AGodsalve
meet_pm2: none
name: Harness Racing Waikato