Gore HRC 24 August 2014 – R 9
ID: JCA13226
Meet Title:
Gore HRC - 24 August 2014
Meet Chair:
NSkelt
Race Date:
2014/08/24
Race Number:
R 9
Decision:
Mr Kyle having admitted the breach the charged was found proved.
Penalty:
Mr Kyle was fined the sum of $300.00 and reminded of his professional obligations.
Facts:
Following the running of Race 9 the K2 Kontracting LTD Mobile Pace an information was filed by Stipendiary Steward Mr S. Renault against Mr A. Kyle alleging that as the driver of BAD BOY MARA in the race he drove carelessly near the 1800 metres when shifting ground outwards onto VERA’S DELIGHT (B. McLellan) which was checked, resulting in the trailing MACHVICAR breaking and losing his chance. At this stage Mr Kyle was not permitted to shift ground outwards.
Mr Renault showed side on head on video replays of the incident. Co-Chief Stipendiary Steward Mr N. McIntyre highlighted the outward movement of BAD BOY MARA stating that there was insufficient room for Mr Kyle to do so resulting in VERA’S DELIGHT having to be taken a hold of then tightening up MACHVICAR who was trailing. MACHVICAR as a result broke a HOPPLE and was put out of the race.
Mr A. Beck (driver of MACHVICAR) with the permission of all parties present gave evidence by mobile phone stating that he saw Mr Kyle move out resulting in Mr McLellan taking a hold of his horse VERA’S DREAM which was checked resulting in some tightening, and his horse breaking losing its chance.
Mr Kyle admitted the breach and after hearing Mr Beck's evidence and reviewing the video evidence agreed with the summation of facts as presented.
Submissions for Penalty:
Mr Renault stated that Mr Kyle had one breach of a similar rule on 17th May 2014 and was fined $200.00. Mr Kyle only had thirty four race day drives last season 2013/2014 and one race day drive this season. He referred to the JCA penalty guide who suggests a starting point for a breach of the rule of a suspension of 8 drives or a fine of $400.00.
Mr Kyle had no submissions on penalty.
Reasons for Penalty:
In fixing penalty, a starting point was $400 however consideration and some concession was given to Mr Kyle's limited race drives per season and his early admission of the breach. It was noted on this occasion his error of judgement has resulted in MACHVICAR having his chances extinguished.
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: 556c3643e97943cf6d1429694966547f
informantnumber: A6486
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: admitted
penaltyrequired: 1
decisiondate: 18/08/2014
hearing_title: Gore HRC 24 August 2014 - R 9
charge:
facts:
Following the running of Race 9 the K2 Kontracting LTD Mobile Pace an information was filed by Stipendiary Steward Mr S. Renault against Mr A. Kyle alleging that as the driver of BAD BOY MARA in the race he drove carelessly near the 1800 metres when shifting ground outwards onto VERA’S DELIGHT (B. McLellan) which was checked, resulting in the trailing MACHVICAR breaking and losing his chance. At this stage Mr Kyle was not permitted to shift ground outwards.
Mr Renault showed side on head on video replays of the incident. Co-Chief Stipendiary Steward Mr N. McIntyre highlighted the outward movement of BAD BOY MARA stating that there was insufficient room for Mr Kyle to do so resulting in VERA’S DELIGHT having to be taken a hold of then tightening up MACHVICAR who was trailing. MACHVICAR as a result broke a HOPPLE and was put out of the race.
Mr A. Beck (driver of MACHVICAR) with the permission of all parties present gave evidence by mobile phone stating that he saw Mr Kyle move out resulting in Mr McLellan taking a hold of his horse VERA’S DREAM which was checked resulting in some tightening, and his horse breaking losing its chance.
Mr Kyle admitted the breach and after hearing Mr Beck's evidence and reviewing the video evidence agreed with the summation of facts as presented.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Kyle having admitted the breach the charged was found proved.
sumissionsforpenalty:
Mr Renault stated that Mr Kyle had one breach of a similar rule on 17th May 2014 and was fined $200.00. Mr Kyle only had thirty four race day drives last season 2013/2014 and one race day drive this season. He referred to the JCA penalty guide who suggests a starting point for a breach of the rule of a suspension of 8 drives or a fine of $400.00.
Mr Kyle had no submissions on penalty.
reasonsforpenalty:
In fixing penalty, a starting point was $400 however consideration and some concession was given to Mr Kyle's limited race drives per season and his early admission of the breach. It was noted on this occasion his error of judgement has resulted in MACHVICAR having his chances extinguished.
penalty:
Mr Kyle was fined the sum of $300.00 and reminded of his professional obligations.
hearing_type: Hearing
Rules: 869(8)(b)
Informant: Mr S Renault - Stipendiary Steward
JockeysandTrainer: Mr A Kyle - Driver of BAD BOY MARA
Otherperson: Mr S Renault - Stipendiary Steward, Mr N McIntyre - Co-Chief Stipendiary Steward, Mr A Beck (by mobile phone) - Driver of MACHVICAR
PersonPresent:
Respondent:
StipendSteward:
raceid: 5fd3f42c79552124f3e63c7f09740245
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: e095078eb4c4cc9970d92a19d82ccd4d
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 24/08/2014
meet_title: Gore HRC - 24 August 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: gore-hrc
meet_racingtype: harness-racing
meet_chair: NSkelt
meet_pm1: none
meet_pm2: none
name: Gore HRC