Auckland TC 15 November 2019 – R 7 – Chair, Mr BJ Scott
ID: JCA13501
Meet Title:
Auckland TC - 15 November 2019
Meet Chair:
BScott
Meet Committee Member 1:
ASmith
Race Date:
2019/11/15
Race Number:
R7
Decision:
The breach is admitted and therefore the charge is proved.
Penalty:
The Committee orders that Mr Delany's Drivers Licence is suspended from the conclusion of racing tonight up to the conclusion of racing on the 22nd November 2019. We assess that to be an 8 drives suspension.
Facts:
Following the running of the HYDROFLOW AUST & SWAN PLUMBING SUPPLIES MOBILE PACE an Information was filed by Senior Stipendiary Steward Mr J M Muirhead against Junior Horseman Mr N Delany alleging that Mr Delany as the Driver of HAVTIME drove carelessly approaching the first turn by shifting inwards when not sufficiently clear which resulted in contact to the leg of ABOUT TURN (Driver M White).
Rule 869(3)(b) provides : No horseman in any race shall drive carelessly.
Mr Delany was present at the Hearing and he confirmed to the Committee that he admitted the breach.
Mr Delany was supported by Senior Horseman Mr Z Butcher.
Mr Muirhead demonstrated the incident by use of the race films. He showed where Mr Delany drew 2 and Mr White drew 1 at the barrier. He said that Mr Delany was driving for the lead but when he crossed he wasn't clear and he contacted the front leg of ABOUT TURN. This resulted in the tyre on his sulky being damaged and coming off the rim. He said that as a result the chances of his horse were extinguished.
He further said that it was a marginal error but it was avoidable. Mr Delany only had to wait for another 5 metres before crossing.
Mr Butcher on behalf of Mr Delany said that he was a little careless. He said that he was always going to get to the front but tried to get there a bit too quick. He said that he only interfered with the chances of his own horse.
Submissions for Decision:
Mr Muirhead submitted that Mr Delany was careless because he had crossed over too quickly and had caused interference to his own horse.
Mr Butcher said Mr Delany was only a little careless and he had crossed over too quickly and had only interfered with his own horse and there was very insignificant interference to ABOUT TURN.
Submissions for Penalty:
Mr Muirhead said that Mr Delany has a clear record under this rule. He said that the aggravating factor was that Mr Delany extinguished the chances of his own horse.
The mitigating factors were that Mr Delany has admitted the breach, he has a clear record and the carelessness was minimal.
Mr Muirhead referred to the JCA Guidelines which provide for starting point penaties of either a 10 drive suspension or a $500.00 fine.
Mr Muirhead then said that it was the Stewards' policy to seek a suspension of Licence for a breach of this rule.
Mr Butcher said that Mr Delany preferred to pay a fine because he wants to keep driving and accumulate points for the Junior Drivers Championship.
Reasons for Penalty:
The Committee listened to the parties and we have reviewed the race films. The films show the incident but on first look it was hard to see because the interference was marginal. The result of the interference was significant however because the chances of HAVTIME were extinguished. We have pointed out to Mr Delany that this was a major aggravating factor.
We have however given Mr Delany credit for the mitigating factors which were that it was a low end shift, he has admitted the breach, he has a clear record and he is a Junior Driver.
We are going to deal with this by way of suspension of Mr Delany's Drivers Licence and accordingly we advised him that he was entitled to a deferment of his suspension for up to 7 days. Mr Delany asked if the suspension could start immediately and we asked him about his driving commitments in the next 7 days. He said that he had 3 drives each night at the Manawatu meeting in the coming week and he hoped to have drives at the Auckland meeting on the 22nd of November.
We have taken the view that because of the mitigating factors the starting point penalty should be one of 8 drives. Mr Delany has told us that he has 3 drives each night at the upcoming Manawatu meetings and we have given him the benefit of the doubt at the Auckland Trotting Club meeting on the 22nd of November and have allocated 2 drives to that meeting. We accordingly believe that an appropriate suspension is one starting at the conclusion of racing tonight and finishing at the conclusion of racing on the 22nd of November 2019.
We believe that is a suspenson of 8 drives.
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: 3edb738447b7bf5c72d74c24d8e5ba78
informantnumber: A10746
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: admitted
penaltyrequired: 1
decisiondate: 17/11/2019
hearing_title: Auckland TC 15 November 2019 - R 7 - Chair, Mr BJ Scott
charge:
facts:
Following the running of the HYDROFLOW AUST & SWAN PLUMBING SUPPLIES MOBILE PACE an Information was filed by Senior Stipendiary Steward Mr J M Muirhead against Junior Horseman Mr N Delany alleging that Mr Delany as the Driver of HAVTIME drove carelessly approaching the first turn by shifting inwards when not sufficiently clear which resulted in contact to the leg of ABOUT TURN (Driver M White).
Rule 869(3)(b) provides : No horseman in any race shall drive carelessly.
Mr Delany was present at the Hearing and he confirmed to the Committee that he admitted the breach.
Mr Delany was supported by Senior Horseman Mr Z Butcher.
Mr Muirhead demonstrated the incident by use of the race films. He showed where Mr Delany drew 2 and Mr White drew 1 at the barrier. He said that Mr Delany was driving for the lead but when he crossed he wasn't clear and he contacted the front leg of ABOUT TURN. This resulted in the tyre on his sulky being damaged and coming off the rim. He said that as a result the chances of his horse were extinguished.
He further said that it was a marginal error but it was avoidable. Mr Delany only had to wait for another 5 metres before crossing.
Mr Butcher on behalf of Mr Delany said that he was a little careless. He said that he was always going to get to the front but tried to get there a bit too quick. He said that he only interfered with the chances of his own horse.
appealdecision:
isappeal:
submissionsfordecision:
Mr Muirhead submitted that Mr Delany was careless because he had crossed over too quickly and had caused interference to his own horse.
Mr Butcher said Mr Delany was only a little careless and he had crossed over too quickly and had only interfered with his own horse and there was very insignificant interference to ABOUT TURN.
reasonsfordecision:
Decision:
The breach is admitted and therefore the charge is proved.
sumissionsforpenalty:
Mr Muirhead said that Mr Delany has a clear record under this rule. He said that the aggravating factor was that Mr Delany extinguished the chances of his own horse.
The mitigating factors were that Mr Delany has admitted the breach, he has a clear record and the carelessness was minimal.
Mr Muirhead referred to the JCA Guidelines which provide for starting point penaties of either a 10 drive suspension or a $500.00 fine.
Mr Muirhead then said that it was the Stewards' policy to seek a suspension of Licence for a breach of this rule.
Mr Butcher said that Mr Delany preferred to pay a fine because he wants to keep driving and accumulate points for the Junior Drivers Championship.
reasonsforpenalty:
The Committee listened to the parties and we have reviewed the race films. The films show the incident but on first look it was hard to see because the interference was marginal. The result of the interference was significant however because the chances of HAVTIME were extinguished. We have pointed out to Mr Delany that this was a major aggravating factor.
We have however given Mr Delany credit for the mitigating factors which were that it was a low end shift, he has admitted the breach, he has a clear record and he is a Junior Driver.
We are going to deal with this by way of suspension of Mr Delany's Drivers Licence and accordingly we advised him that he was entitled to a deferment of his suspension for up to 7 days. Mr Delany asked if the suspension could start immediately and we asked him about his driving commitments in the next 7 days. He said that he had 3 drives each night at the Manawatu meeting in the coming week and he hoped to have drives at the Auckland meeting on the 22nd of November.
We have taken the view that because of the mitigating factors the starting point penalty should be one of 8 drives. Mr Delany has told us that he has 3 drives each night at the upcoming Manawatu meetings and we have given him the benefit of the doubt at the Auckland Trotting Club meeting on the 22nd of November and have allocated 2 drives to that meeting. We accordingly believe that an appropriate suspension is one starting at the conclusion of racing tonight and finishing at the conclusion of racing on the 22nd of November 2019.
We believe that is a suspenson of 8 drives.
penalty:
The Committee orders that Mr Delany's Drivers Licence is suspended from the conclusion of racing tonight up to the conclusion of racing on the 22nd November 2019. We assess that to be an 8 drives suspension.
hearing_type: Hearing
Rules: Rule 869(3)(b)
Informant: Mr JM Muirhead - Senior Stipendiary Steward
JockeysandTrainer: Mr N Delany - Junior Horseman
Otherperson: Mr Z Butcher - Open Horseman assisting Mr Delany
PersonPresent:
Respondent:
StipendSteward:
raceid: 7652d1c2e699928000a3329947d67266
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 2fe6ba13086e4f9bb17a92c1398144df
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 15/11/2019
meet_title: Auckland TC - 15 November 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: BScott
meet_pm1: ASmith
meet_pm2: none
name: Auckland TC