Archive Decision

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Auckland TC 4 November 2016 – R 8 – Chair, Mr B Scott

ID: JCA13055

Applicant:
Mr JM Muirhead - Stipendiary Steward

Respondent(s):
Mr J Crawford - Junior Driver

Other Person:
Mr JI Dickie - Senior Horsemans assisting Mr Crawford

Information Number:
A7977

Hearing Type:
Hearing

New Charge:
careless driving

Rules:
Rule 869(3)(b)

Plea:
admitted

Meet Title:
Auckland TC - 4 November 2016

Meet Chair:
BScott

Meet Committee Member 1:
AGodsalve

Race Date:
2016/11/04

Race Number:
R8

Decision:

The breach is admitted and therefore the charge is upheld.

Penalty:

The Committee suspends Mr Crawford's driving Licence from the conclusion of racing at the Manawatu  Harness Racing Club's meeting on the 5th of November 2016 up to the conclusion of racing at the Auckland Trotting Club's meeting on the 18th of November 2016.

This involves 3 meetings being, Auckland on the 11th and 18th of November and Cambridge on the 17th of November.

Facts:

Following the running of the BAKELS EDIBLE OILS MOBILE PACE, an Information was lodged by Stipendiary Steward, Mr JM Muirhead against Junior Driver. Mr J Crawford alleging that Mr Crawford as the driver of WYNBERG SALLY shifted inwards in the early stages of the race when not sufficiently clear of HADRIAN with that runner being checked and there were resulting checks to several trailing runners.

Rule 869(3)(b) provides that no horseman in any race shall drive carelessly.

Mr Crawford was present at the hearing and advised the Committee that he admitted the breach. Senior Horseman Mr JI Dickie was present to assist Mr Crawford.

Mr Muirhead demonstrated the incident by use of the race films and showed where going into the first bend WYNBERG SALLY which had drawn 3 shifted inwards onto HADRIAN which had drawn 2. WYNBERG SALLY was not sufficiently clear of HADRIAN and its inside sulky wheel made contact with the front legs of HADRIAN causing that horse to break and there was resultant interference to several horses.

He said that Mr Crawford was responsible to make sure he was sufficiently clear before moving in. He also said that it was a small error of judgement which had large consequences.

Mr Dickie on behalf of Mr Crawford said that Mr Crawford had only had a handful of drives and he did say that he is a very inexperienced driver. He made a small error of judgement but the consequences were significant. 

Submissions for Penalty:

Mr Muirhead referred to the JCA Guidelines which provide for a starting point penalty of a fine of $500.00 or a suspension of Licence for 10 drives. He submitted that given Mr Crawford's circumstances that a suspension of Licence for 3 days would be appropriate. He said that this would equate to 2 drives per meeting.

Mr Dickie agreed with Mr Muirhead's submissions and did say that there were opportunities for concession Junior Drivers.

Mr Crawford said that he had a declared drive at the Manawatu Meeting on the 5th of November but any suspension could begin immediately after that.

Reasons for Penalty:

The race films clearly show the incident and although Mr Crawford did not move far he did so when not sufficiently clear and his action caused interference to a number of horses. Those are aggravating factors.

We are however going to take into account by way of mitigation his admission of the breach, the fact that he is a very inexperienced Junior Driver and the fact that his inexperience contributed to  his error of judgement .

We are going to suspend his Licence for 3 days and in doing so we do not take into account the Manawatu Meeting on the 5th of November.

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: 3bb8ed56ca1e507a8e9764940eea0f47


informantnumber: A7977


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: careless driving


plea: admitted


penaltyrequired: 1


decisiondate: 10/11/2016


hearing_title: Auckland TC 4 November 2016 - R 8 - Chair, Mr B Scott


charge:


facts:

Following the running of the BAKELS EDIBLE OILS MOBILE PACE, an Information was lodged by Stipendiary Steward, Mr JM Muirhead against Junior Driver. Mr J Crawford alleging that Mr Crawford as the driver of WYNBERG SALLY shifted inwards in the early stages of the race when not sufficiently clear of HADRIAN with that runner being checked and there were resulting checks to several trailing runners.

Rule 869(3)(b) provides that no horseman in any race shall drive carelessly.

Mr Crawford was present at the hearing and advised the Committee that he admitted the breach. Senior Horseman Mr JI Dickie was present to assist Mr Crawford.

Mr Muirhead demonstrated the incident by use of the race films and showed where going into the first bend WYNBERG SALLY which had drawn 3 shifted inwards onto HADRIAN which had drawn 2. WYNBERG SALLY was not sufficiently clear of HADRIAN and its inside sulky wheel made contact with the front legs of HADRIAN causing that horse to break and there was resultant interference to several horses.

He said that Mr Crawford was responsible to make sure he was sufficiently clear before moving in. He also said that it was a small error of judgement which had large consequences.

Mr Dickie on behalf of Mr Crawford said that Mr Crawford had only had a handful of drives and he did say that he is a very inexperienced driver. He made a small error of judgement but the consequences were significant. 


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

The breach is admitted and therefore the charge is upheld.


sumissionsforpenalty:

Mr Muirhead referred to the JCA Guidelines which provide for a starting point penalty of a fine of $500.00 or a suspension of Licence for 10 drives. He submitted that given Mr Crawford's circumstances that a suspension of Licence for 3 days would be appropriate. He said that this would equate to 2 drives per meeting.

Mr Dickie agreed with Mr Muirhead's submissions and did say that there were opportunities for concession Junior Drivers.

Mr Crawford said that he had a declared drive at the Manawatu Meeting on the 5th of November but any suspension could begin immediately after that.


reasonsforpenalty:

The race films clearly show the incident and although Mr Crawford did not move far he did so when not sufficiently clear and his action caused interference to a number of horses. Those are aggravating factors.

We are however going to take into account by way of mitigation his admission of the breach, the fact that he is a very inexperienced Junior Driver and the fact that his inexperience contributed to  his error of judgement .

We are going to suspend his Licence for 3 days and in doing so we do not take into account the Manawatu Meeting on the 5th of November.


penalty:

The Committee suspends Mr Crawford's driving Licence from the conclusion of racing at the Manawatu  Harness Racing Club's meeting on the 5th of November 2016 up to the conclusion of racing at the Auckland Trotting Club's meeting on the 18th of November 2016.

This involves 3 meetings being, Auckland on the 11th and 18th of November and Cambridge on the 17th of November.


hearing_type: Hearing


Rules: Rule 869(3)(b)


Informant: Mr JM Muirhead - Stipendiary Steward


JockeysandTrainer: Mr J Crawford - Junior Driver


Otherperson: Mr JI Dickie - Senior Horsemans assisting Mr Crawford


PersonPresent:


Respondent:


StipendSteward:


raceid: 2f96ba41b6583f7d1a5fcd452ff14626


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R8


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 91a07eea762a13da96d63ed51e605c1d


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 04/11/2016


meet_title: Auckland TC - 4 November 2016


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: auckland-tc


meet_racingtype: harness-racing


meet_chair: BScott


meet_pm1: AGodsalve


meet_pm2: none


name: Auckland TC