Archive Decision

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Cambridge-Te Awamutu HRC 24 December 2011 – R 6

ID: JCA13625

Applicant:
Mr JM Muirhead - Stipendiary Steward

Respondent(s):
Mr JI Dickie - Licensed Junior Driver

Other Person:
Mr PA Butcher - Licensed Open Horseman assisting Mr Dickie

Information Number:
69042

Hearing Type:
Hearing

Rules:
869(3)(b)

Plea:
admitted

Meet Title:
Cambridge - Te Awamutu HRC - 24 December 2011

Meet Chair:
BScott

Meet Committee Member 1:
ADooley

Race Date:
2011/12/24

Race Number:
R6

Decision:

The breach having been admitted is accordingly proved.

Penalty:

The Committee imposes a fine of $200.00 on Mr Dickie.

Charge:

Brech of Rule 869(3)(b) - Careless driving.

Facts:

An Information was lodged by Stipendiary Steward Mr JM Muirhead against Junior Driver Mr JI Dickie alleging that Mr Dickie drove his horse PEACE CORPS carelessly, causing interference to ARMBROS FAVOURITE, (Driver P Ferguson ) which in turn, interfered with NAENAE TABMAN (Driver A Donnelly ) when he shifted inwards from 3 wide with 1500 metres to run.

Mr Dickie was present at the hearing and advised the Committee that he admitted the breach. Mr Dickie being a Junior Driver was assisted by Mr PA Butcher.

The Rule provides “No horseman in any race shall drive carelessly”.

The Rule was read to Mr Dickie.

Mr Muirhead demonstrated the incident by use of the video films and showed where Mr Dickie was racing 3 wide outside Mr Ferguson.Prior to the incident Mr Ferguson was restraining his horse and with approximately 1500 metres to run Mr Dickie moved inwards causing interference to Mr Ferguson’s horse which broke and caused resulting interference to NAENAE TABMAN.

Submissions for Penalty:

Mr Muirhead said that there was interference to 2 horses. He said that Mr Dickie had a previous charge of Careless Driving in February of this year but that was for causing his own horse to break and was probably not relevant to this charge. He said this charge was in the mid range of seriousness.

Mr Muirhead said that the starting point fine in the JCA Guidelines was $400.00 but he would leave it to the Committee to decide the appropriate penalty.

Mr Dickie and Mr Butcher said that although there was contact it was more an error of judgement on Mr Dickie’s part rather than blatant interference. Mr Butcher said that Mr Ferguson did not call out when Mr Dickie was moving inwards and he further said that Mr Ferguson could have eased his horse further and then the interference would not have happened. He submitted that the incident was at the lower end of the scale. Messrs Dickie and Butcher asked the Committee to take into account the admission of the breach, Mr Dickie’s good record and the fact that he is a Junior Driver. Mr Butcher also said that Junior Drivers who work in Stables work long hours and they do not get paid a lot of money and any monetary penalty would impact on Mr Dickie.

Reasons for Penalty:

The films show the incident clearly. Mr Dickie has moved inwards and he may have anticipated that Mr Ferguson was easing his horse back further. Mr Dickie is a very experienced and successful Junior Driver and we believe this was an error of judgement on his part. The incident did result in interference to 2 other horses but in our view the incident was in the mid to lower range of seriousness. Mr Dickie is given credit for his admission of the breach and the fact that he (with Mr Butcher) has been open and straightforward before this Committee. Mr Dickie has a good record particularly considering the number of drives he has. We have also taken into account that he is a Junior Driver.

in our view a fine of $200.00 is appropriate.

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: 4f3ba17fe067848646bbbf680a160bd5


informantnumber: 69042


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 20/12/2011


hearing_title: Cambridge-Te Awamutu HRC 24 December 2011 - R 6


charge:

Brech of Rule 869(3)(b) - Careless driving.


facts:

An Information was lodged by Stipendiary Steward Mr JM Muirhead against Junior Driver Mr JI Dickie alleging that Mr Dickie drove his horse PEACE CORPS carelessly, causing interference to ARMBROS FAVOURITE, (Driver P Ferguson ) which in turn, interfered with NAENAE TABMAN (Driver A Donnelly ) when he shifted inwards from 3 wide with 1500 metres to run.

Mr Dickie was present at the hearing and advised the Committee that he admitted the breach. Mr Dickie being a Junior Driver was assisted by Mr PA Butcher.

The Rule provides “No horseman in any race shall drive carelessly”.

The Rule was read to Mr Dickie.

Mr Muirhead demonstrated the incident by use of the video films and showed where Mr Dickie was racing 3 wide outside Mr Ferguson.Prior to the incident Mr Ferguson was restraining his horse and with approximately 1500 metres to run Mr Dickie moved inwards causing interference to Mr Ferguson’s horse which broke and caused resulting interference to NAENAE TABMAN.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

The breach having been admitted is accordingly proved.


sumissionsforpenalty:

Mr Muirhead said that there was interference to 2 horses. He said that Mr Dickie had a previous charge of Careless Driving in February of this year but that was for causing his own horse to break and was probably not relevant to this charge. He said this charge was in the mid range of seriousness.

Mr Muirhead said that the starting point fine in the JCA Guidelines was $400.00 but he would leave it to the Committee to decide the appropriate penalty.

Mr Dickie and Mr Butcher said that although there was contact it was more an error of judgement on Mr Dickie’s part rather than blatant interference. Mr Butcher said that Mr Ferguson did not call out when Mr Dickie was moving inwards and he further said that Mr Ferguson could have eased his horse further and then the interference would not have happened. He submitted that the incident was at the lower end of the scale. Messrs Dickie and Butcher asked the Committee to take into account the admission of the breach, Mr Dickie’s good record and the fact that he is a Junior Driver. Mr Butcher also said that Junior Drivers who work in Stables work long hours and they do not get paid a lot of money and any monetary penalty would impact on Mr Dickie.


reasonsforpenalty:

The films show the incident clearly. Mr Dickie has moved inwards and he may have anticipated that Mr Ferguson was easing his horse back further. Mr Dickie is a very experienced and successful Junior Driver and we believe this was an error of judgement on his part. The incident did result in interference to 2 other horses but in our view the incident was in the mid to lower range of seriousness. Mr Dickie is given credit for his admission of the breach and the fact that he (with Mr Butcher) has been open and straightforward before this Committee. Mr Dickie has a good record particularly considering the number of drives he has. We have also taken into account that he is a Junior Driver.

in our view a fine of $200.00 is appropriate.


penalty:

The Committee imposes a fine of $200.00 on Mr Dickie.


hearing_type: Hearing


Rules: 869(3)(b)


Informant: Mr JM Muirhead - Stipendiary Steward


JockeysandTrainer: Mr JI Dickie - Licensed Junior Driver


Otherperson: Mr PA Butcher - Licensed Open Horseman assisting Mr Dickie


PersonPresent:


Respondent:


StipendSteward:


raceid: b5a31ad3933424fa2c7280a8293a8908


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R6


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 4223a65940428cfedc50b609dacfe3fe


meet_expapproval: approved


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 24/12/2011


meet_title: Cambridge - Te Awamutu HRC - 24 December 2011


meet_expappcomment:


meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "BScott", "Member": "", "OtherExpenses": "0", "KMs": "223", "Total": "138.26", "kmprice": 138.25999999999999, "Approved": "on"}]


meet_otherexp:


tracklocation: cambridge-te-awamutu-hrc


meet_racingtype: harness-racing


meet_chair: BScott


meet_pm1: ADooley


meet_pm2: none


name: Cambridge - Te Awamutu HRC