Archive Decision

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Central Otago TC 2 January 2016 – R 2 – Chair, Mr P Knowles

ID: JCA13548

Applicant:
Mr C Allison - Stipendiary Steward

Respondent(s):
Ms M Neilson - Senior Horseman driver of SEA EYRE

Information Number:
A1447

Hearing Type:
Hearing

New Charge:
Careless driving

Rules:
869(3)(b)

Plea:
admitted

Meet Title:
Central Otago TC - 2 January 2016

Meet Chair:
PKnowles

Meet Committee Member 1:
GHall

Race Date:
2016/01/02

Race Number:
R 2

Decision:

As the respondent admitted the breach, it is found to be proved.

Penalty:

Ms Neilson is fined $300.

Facts:

Following the running of race 2 the DUNCAN AGRICULTURAL CONTRACTORS OMAKAU AUTOMATIC CENTRE MOBILE TROT, Mr C Allison filed an information alleging that M Neilson SEA EYRE shifted inwards near the 1300m mark striking the wheel of CLOVER LADEY causing SEA EYRE to break.

Ms Neilson admitted the breach and appeared at the hearing.

Mr Allison stated that SEA EYRE was three wide without cover approaching the 1300m mark. Ms Neilson attempted to restrain SEA EYRE and shift inwards to the vacant one-out/one-back position behind CLOVER LADY. However, in doing so SEA EYRE struck the sulky wheel of CLOVER LADY, causing SEA EYRE to break from its gait and lose considerable ground and its chances.

Ms Neilson said she had tried to ease SEA EYRE back and inwards. This had caused SEA EYRE to over-race and strike the wheel. It was a misjudgment on her part.

Submissions for Penalty:

Mr Allison stated that Ms Neilson had no breaches of similar rules in the past 12 months and had a clear record. She had admitted the breach and had fully cooperated with the Stewards. Ms Neilson had had 59 drives so far this season and 198 drives last season. The Penalty Guide recommended a starting point fine of $500 and he believed the incident was at the mid level of the scale.

Ms Neilson said it was an error of judgment on her part. No other runners were affected or inconvenienced by it. It was the first time she had driven the horse. She would prefer a fine as opposed to a suspension.

Reasons for Penalty:

Given Ms Neilson’s excellent record, her early admission of the breach and that she had cooperated fully with the Stewards, a fine is appropriate. As SEA EYRE lost its chance, we view the breach as mid range and take a starting point of $500. Credit is given for her record and admission of the breach.

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: 440b5cfef005dd3400dea8a051c4b650


informantnumber: A1447


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless driving


plea: admitted


penaltyrequired: 1


decisiondate: 05/01/2016


hearing_title: Central Otago TC 2 January 2016 - R 2 - Chair, Mr P Knowles


charge:


facts:

Following the running of race 2 the DUNCAN AGRICULTURAL CONTRACTORS OMAKAU AUTOMATIC CENTRE MOBILE TROT, Mr C Allison filed an information alleging that M Neilson SEA EYRE shifted inwards near the 1300m mark striking the wheel of CLOVER LADEY causing SEA EYRE to break.

Ms Neilson admitted the breach and appeared at the hearing.

Mr Allison stated that SEA EYRE was three wide without cover approaching the 1300m mark. Ms Neilson attempted to restrain SEA EYRE and shift inwards to the vacant one-out/one-back position behind CLOVER LADY. However, in doing so SEA EYRE struck the sulky wheel of CLOVER LADY, causing SEA EYRE to break from its gait and lose considerable ground and its chances.

Ms Neilson said she had tried to ease SEA EYRE back and inwards. This had caused SEA EYRE to over-race and strike the wheel. It was a misjudgment on her part.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As the respondent admitted the breach, it is found to be proved.


sumissionsforpenalty:

Mr Allison stated that Ms Neilson had no breaches of similar rules in the past 12 months and had a clear record. She had admitted the breach and had fully cooperated with the Stewards. Ms Neilson had had 59 drives so far this season and 198 drives last season. The Penalty Guide recommended a starting point fine of $500 and he believed the incident was at the mid level of the scale.

Ms Neilson said it was an error of judgment on her part. No other runners were affected or inconvenienced by it. It was the first time she had driven the horse. She would prefer a fine as opposed to a suspension.


reasonsforpenalty:

Given Ms Neilson’s excellent record, her early admission of the breach and that she had cooperated fully with the Stewards, a fine is appropriate. As SEA EYRE lost its chance, we view the breach as mid range and take a starting point of $500. Credit is given for her record and admission of the breach.


penalty:

Ms Neilson is fined $300.


hearing_type: Hearing


Rules: 869(3)(b)


Informant: Mr C Allison - Stipendiary Steward


JockeysandTrainer: Ms M Neilson - Senior Horseman driver of SEA EYRE


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: a770bb4c1d7f8e996d3c13de2b5355ff


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 2


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 9b858b01881d1e9283f300d9550f7c07


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 02/01/2016


meet_title: Central Otago TC - 2 January 2016


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: central-otago-tc


meet_racingtype: harness-racing


meet_chair: PKnowles


meet_pm1: GHall


meet_pm2: none


name: Central Otago TC