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N Z Metro 12 November 2010 – R 7

ID: JCA12644

Applicant:
Mr N Escott, Chief Stipendiary Steward

Respondent(s):
Mr T Mitchell, Licensed Open Driver

Information Number:
68793

Hearing Type:
Hearing

Rules:
869(3)(b)

Plea:
admitted

Meet Title:
NZ Metro TC - 12 November 2010

Meet Chair:
RMcKenzie

Meet Committee Member 1:
JPhelan

Race Date:
2010/11/12

Race Number:
R 7

Decision:

The charge was found proved

Penalty:

Mr Mitchell was fined the sum of $800.

Charge:

Careless Driving

Facts:

Following the running of Race 7, Hellers Dominion Trot (Group 1), an information was filed by Chief Stipendiary Steward, Mr N R Escott, against Licensed Open Driver, Mr T W Mitchell, alleging a breach of Rule 869 (3) (b) in that Mr Mitchell, as the driver of IMA GOLD DIGGER in the race, drove carelessly “in that with 960 metres remaining he shifted his horse outwards and in the process struck the wheel of DR HOOK (D J Butt) causing his own horse to break and disrupt the majority of trailing runners”.
 
Mr Mitchell was present at the hearing of the information and he indicated that he admitted the breach.
 
Rule 869 provides as follows:
(3) No horseman in any race shall drive:-
    (b) carelessly.

 

Submissions for Decision:

Mr N G McIntyre, Stipendiary Steward, showed video replays of the incident with just under 1,000 metres to run. He pointed out Mr Mitchell trailing DR HOOK (D J Butt) in the 2-wide line. He then attempted to move out into the 3-wide line and, in doing so, the off front leg of IMA GOLD DIGGER struck the outside sulky wheel of DR HOOK. As a result of the contact, Mr Mitchell’s horse galloped and five other following runners received checks – SOVEREIGNTY, RACEY PRODUCT, RAYDON, IDID IT MYWAY and MASTER BOMBER.
 
Mr Mitchell admitted that contact had been made but he submitted that he was “half a length off the back of Mr Butt” rather than on his back. Mr McIntyre said that it was clear from the video that Mr Butt was aware that his wheel had been struck. Mr Mitchell said that he had made the outward movement thinking he was clear.

 

Reasons for Decision:

The Committee was satisfied that Mr Mitchell had driven carelessly as alleged.  It also noted that Mr MItchell had admitted the breach.

Submissions for Penalty:

Mr Escott submitted that the Committee needed to take into account the consequences of Mr Mitchell’s actions. Mr Escott said that Mr Mitchell had a clear record under the Rule. In the 2009/2010 season, he had 546 drives and in the current season, to date, 90 drives. He pointed out the status of the race and the consequences to other runners and submitted that, in the circumstances, a fine of $800-$1,000 and a 2 weeks’ suspension was appropriate. This was taking into account his admission of the breach and his record. Mr Escott pointed out that the Penalty Guide recommended a fine of $600 and/or a suspension for 3 weeks for careless driving in a major race.
 
Mr Mitchell submitted that Mr Escott’s penalty submission was excessive.
 

Reasons for Penalty:

The Committee took the Penalty Guide (a fine of $600 and/or a suspension of 3 weeks) as a starting point and took the following matters into account in arriving at penalty. Aggravating factors were the effect on other runners in the race and the status of the race and stake payable – a Group 1 race for a stake of $200,000. Mitigating factors were Mr Mitchell’s frank admission of the breach, his race driving record which is excellent and, finally, that it was a relatively minor error of judgement which, unfortunately, had quite serious consequences.
The Committee also looked at penalties imposed for careless driving in other Group 1 races. It was noted that fines imposed ranged from $400 to $600 and the Committee was only aware of one instance in recent times where a term of suspension was imposed and that was a case where the driver was facing his fourth charge in 6 months. That was more serious than the present case, but the present case was probably more serious that the others referred to in which fines only were imposed.
 
The Committee was satisfied that a fine was an appropriate penalty but the amount of the fine must reflect the seriousness of the offending
 

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: 430dd7b87f689f195464cec34653a4f1

informantnumber: 68793

horsename:

hearing_racingtype:

startdate: no date provided

newcharge:

plea: admitted

penaltyrequired: 1

decisiondate: 16/11/2010

hearing_title: N Z Metro 12 November 2010 - R 7

charge:

Careless Driving

facts:

Following the running of Race 7, Hellers Dominion Trot (Group 1), an information was filed by Chief Stipendiary Steward, Mr N R Escott, against Licensed Open Driver, Mr T W Mitchell, alleging a breach of Rule 869 (3) (b) in that Mr Mitchell, as the driver of IMA GOLD DIGGER in the race, drove carelessly “in that with 960 metres remaining he shifted his horse outwards and in the process struck the wheel of DR HOOK (D J Butt) causing his own horse to break and disrupt the majority of trailing runners”.
 
Mr Mitchell was present at the hearing of the information and he indicated that he admitted the breach.
 
Rule 869 provides as follows:
(3) No horseman in any race shall drive:-
    (b) carelessly.

 

appealdecision:

isappeal:

submissionsfordecision:

Mr N G McIntyre, Stipendiary Steward, showed video replays of the incident with just under 1,000 metres to run. He pointed out Mr Mitchell trailing DR HOOK (D J Butt) in the 2-wide line. He then attempted to move out into the 3-wide line and, in doing so, the off front leg of IMA GOLD DIGGER struck the outside sulky wheel of DR HOOK. As a result of the contact, Mr Mitchell’s horse galloped and five other following runners received checks – SOVEREIGNTY, RACEY PRODUCT, RAYDON, IDID IT MYWAY and MASTER BOMBER.
 
Mr Mitchell admitted that contact had been made but he submitted that he was “half a length off the back of Mr Butt” rather than on his back. Mr McIntyre said that it was clear from the video that Mr Butt was aware that his wheel had been struck. Mr Mitchell said that he had made the outward movement thinking he was clear.

 

reasonsfordecision:

The Committee was satisfied that Mr Mitchell had driven carelessly as alleged.  It also noted that Mr MItchell had admitted the breach.

Decision:

The charge was found proved

sumissionsforpenalty:

Mr Escott submitted that the Committee needed to take into account the consequences of Mr Mitchell’s actions. Mr Escott said that Mr Mitchell had a clear record under the Rule. In the 2009/2010 season, he had 546 drives and in the current season, to date, 90 drives. He pointed out the status of the race and the consequences to other runners and submitted that, in the circumstances, a fine of $800-$1,000 and a 2 weeks’ suspension was appropriate. This was taking into account his admission of the breach and his record. Mr Escott pointed out that the Penalty Guide recommended a fine of $600 and/or a suspension for 3 weeks for careless driving in a major race.
 
Mr Mitchell submitted that Mr Escott’s penalty submission was excessive.
 

reasonsforpenalty:

The Committee took the Penalty Guide (a fine of $600 and/or a suspension of 3 weeks) as a starting point and took the following matters into account in arriving at penalty. Aggravating factors were the effect on other runners in the race and the status of the race and stake payable – a Group 1 race for a stake of $200,000. Mitigating factors were Mr Mitchell’s frank admission of the breach, his race driving record which is excellent and, finally, that it was a relatively minor error of judgement which, unfortunately, had quite serious consequences.
The Committee also looked at penalties imposed for careless driving in other Group 1 races. It was noted that fines imposed ranged from $400 to $600 and the Committee was only aware of one instance in recent times where a term of suspension was imposed and that was a case where the driver was facing his fourth charge in 6 months. That was more serious than the present case, but the present case was probably more serious that the others referred to in which fines only were imposed.
 
The Committee was satisfied that a fine was an appropriate penalty but the amount of the fine must reflect the seriousness of the offending
 

penalty:

Mr Mitchell was fined the sum of $800.

hearing_type: Hearing

Rules: 869(3)(b)

Informant: Mr N Escott, Chief Stipendiary Steward

JockeysandTrainer: Mr T Mitchell, Licensed Open Driver

Otherperson:

PersonPresent:

Respondent:

StipendSteward:

raceid: 2a60f865199a6913571b95ac9266a02f

race_expapproval:

racecancelled: 0

race_noreport: 0

race_emailed1: 0

race_emailed2: 0

race_title: R 7

submittochair:

race_expappcomment:

race_km:

race_otherexp:

race_chair:

race_pm1:

race_pm2:

meetid: bab6c5f7098464b9171add13cecdf413

meet_expapproval:

meet_noreport: 0

waitingforpublication: 0

meet_emailed1: 0

meet_emailed2: 0

meetdate: 12/11/2010

meet_title: NZ Metro TC - 12 November 2010

meet_expappcomment:

meet_km:

meet_otherexp:

tracklocation: nz-metro-tc

meet_racingtype: harness-racing

meet_chair: RMcKenzie

meet_pm1: JPhelan

meet_pm2: none

name: NZ Metro TC