Archive Decision

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NZ Metro TC 20 February 2020 – R 5 – Chair, Mr D Anderson

ID: JCA12697

Applicant:
Mr N Ydgren - Chief Stipendiary Steward

Respondent(s):
Mrs A Lethaby - Open Driver

Other Person:
Mr S Renault - Stipendiary Steward

Information Number:
A12371

Hearing Type:
Hearing

New Charge:
Careless Driving

Rules:
869(3)(b)

Plea:
admitted

Meet Title:
NZ Metro TC - 20 February 2020

Meet Chair:
DAnderson

Meet Committee Member 1:
HWeston

Race Date:
2020/02/20

Race Number:
R 5

Decision:

The Charge is found proved on the basis of Mrs Lethaby’s admission of the breach.

Penalty:

Accordingly, Mrs Lethaby is fined $200.

Facts:

Following the running of Race 5, an information was filed by Chief Stipendiary Steward, Mr N Ydgren, against Open Driver Mrs A Lethaby alleging “A Lethaby (KHAKI NUI) drove carelessly near the 250 metres when striking the wheel of SPANNA (J Morrison)”.

Mrs Lethaby had signed the Information that she did admit the breach and asked the Committee if she could be excused from the hearing because she had 2 runners in the next race. This request was granted.

Rule 869(3) (b) provides as follows:

(3) no horseman in any race shall drive:
(b) carelessly

Mr Ydgren used the race video to identify Mrs Lethaby driving (11) KHAKI NUI who was 5 back in the running line at the 300 metres. He showed Mrs Lethaby angle wider as the field entered the straight and pointed to KHAKI NUI’s near side foot strike Mr Morrison’s sulky wheel. As the video advanced Mr Morrison could be seen looking down at his wheel and subsequently notified the Stewards, he sustained a flat tyre.

Submissions for Penalty:

Mr Ydgren said this breach was low-range. He said Mrs Lethaby has misjudged slightly when moving out and the consequences were considered low. It was considered Mr Morrison’s horse had run its race.

Mr Ydgren said the breach could be dealt with by way of a fine and that Mrs Lethaby’s excellent record, her admission and professional conduct should be taken into account.

Reasons for Penalty:

The JCA Penalty Guidelines for the rule provides a starting point of a $300 fine or a 6-drive suspension. This Committee assess the breach as low range and there are no aggravating factors.

The mitigating factors are Mrs Lethaby’s record, her admission and the exemplary way she represented herself.

The Committee considered a $200 fine as appropriate in the circumstances.

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: 4ba8b3cee6c8d9472425d2a0538d3892


informantnumber: A12371


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Driving


plea: admitted


penaltyrequired: 1


decisiondate: 24/02/2020


hearing_title: NZ Metro TC 20 February 2020 - R 5 - Chair, Mr D Anderson


charge:


facts:

Following the running of Race 5, an information was filed by Chief Stipendiary Steward, Mr N Ydgren, against Open Driver Mrs A Lethaby alleging “A Lethaby (KHAKI NUI) drove carelessly near the 250 metres when striking the wheel of SPANNA (J Morrison)”.

Mrs Lethaby had signed the Information that she did admit the breach and asked the Committee if she could be excused from the hearing because she had 2 runners in the next race. This request was granted.

Rule 869(3) (b) provides as follows:

(3) no horseman in any race shall drive:
(b) carelessly

Mr Ydgren used the race video to identify Mrs Lethaby driving (11) KHAKI NUI who was 5 back in the running line at the 300 metres. He showed Mrs Lethaby angle wider as the field entered the straight and pointed to KHAKI NUI’s near side foot strike Mr Morrison’s sulky wheel. As the video advanced Mr Morrison could be seen looking down at his wheel and subsequently notified the Stewards, he sustained a flat tyre.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

The Charge is found proved on the basis of Mrs Lethaby’s admission of the breach.


sumissionsforpenalty:

Mr Ydgren said this breach was low-range. He said Mrs Lethaby has misjudged slightly when moving out and the consequences were considered low. It was considered Mr Morrison’s horse had run its race.

Mr Ydgren said the breach could be dealt with by way of a fine and that Mrs Lethaby’s excellent record, her admission and professional conduct should be taken into account.


reasonsforpenalty:

The JCA Penalty Guidelines for the rule provides a starting point of a $300 fine or a 6-drive suspension. This Committee assess the breach as low range and there are no aggravating factors.

The mitigating factors are Mrs Lethaby’s record, her admission and the exemplary way she represented herself.

The Committee considered a $200 fine as appropriate in the circumstances.


penalty:

Accordingly, Mrs Lethaby is fined $200.


hearing_type: Hearing


Rules: 869(3)(b)


Informant: Mr N Ydgren - Chief Stipendiary Steward


JockeysandTrainer: Mrs A Lethaby - Open Driver


Otherperson: Mr S Renault - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 2ffb894a38def734d29f9b6752bdcf5d


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 5


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: c3880cd3a2e59205eece79d234229b18


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 20/02/2020


meet_title: NZ Metro TC - 20 February 2020


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: nz-metro-tc


meet_racingtype: harness-racing


meet_chair: DAnderson


meet_pm1: HWeston


meet_pm2: none


name: NZ Metro TC