Archive Decision

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Waikato BOP H 12 January 2019 – R 12 – Chair, Mr A Godsalve

ID: JCA13711

Applicant:
Mr S Mulcay - Senior Stipendiary Steward

Respondent(s):
Mr T Lethaby-Junior Driver

Other Person:
Mr B Mangos-Senior Horseman assisting Mr Lethaby

Information Number:
A10583

Hearing Type:
Hearing

New Charge:
Careless Driving

Rules:
869(3)(b)

Plea:
admitted

Meet Title:
Harness Racing Waikato - 12 January 2019

Meet Chair:
AGodsalve

Meet Committee Member 1:
ADooley

Race Date:
2019/01/12

Race Number:
R12

Decision:

As Mr Lethaby has admitted the breach we find the charge proved.

Penalty:

Accordingly the Committee imposed a fine of $200 on Mr Lethaby.

Facts:

This charge resulted after the running of Race 12, the See You At Te Awamutu Next Week 19th Jan Trot 2200m. Mr Mulcay alleged that Junior Driver Mr T Lethaby 'drove carelessly approaching the 250m by allowing BROOKS BELLE to contact the sulky wheel of AWA CATHERINE which resulted in BROOKS BELLE breaking losing it's chance'.

Mr Lethaby, assisted by Senior Horseman, Mr B Mangos was present at the hearing. He acknowledged that he understood the Rule and confirmed that he admitted the breach.

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

Using the available films Mr Mulcay identified BROOKS BELLE as it approached the 250 metres mark. The horse was in the 1x1 position behind AWA CATHERINE. Mr Mulcay stated that BROOKS BELLE was travelling well at that time, and pointed out that Mr Lethaby had attempted to improve the horse into a position where there was insuficient room to do so. In doing so BROOKS BELLE had contacted the sulky wheel of AWA CATHERINE and had then gone off-stride, losing any chance it had in the race.

Mr Lethaby said that he had realised that there had been insufficient room when he tried to improve his horse's position however the horse was travelling too well and before he could restrain it he had struck a wheel of the horse in front, AWA CATHERINE.

Mr Mangos had no comment to make.

Submissions for Penalty:

Mr Mulcay stated that Mr Lethaby had a clear record in respect of this Rule in the past 12 months, and that he had admitted the breach. Mr Mulcay added that the JCA Penalty Guide provided a starting  point of a fine of $300 or a 6 drive suspension under this Rule when a driver hits a wheel. He said that Mr Lethaby was a Junior Driver, however he added that it was an aggravating factor that BROOKS BELLE had lost any chance it had in the race as a result of Mr Lethaby's driving. He submitted that the Stewards believed a fine in the vicinity of $250-$300 may be an appropriate penalty.

Mr Lethaby stated that he would ask that a fine be considered as his penalty.

Reasons for Penalty:

The Committee confirmed that the JCA Penalty Guide provides a fine of $300 or a 6 drive suspension under this Rule where a driver contacts a wheel while driving carelessly.

We took into account that Mr Lethaby is a Junior Driver, had admitted the breach, and had a clear record. However we agree with Mr Mulcay that as a result of his actions BROOKS BELLE had lost any chance it had in the race.

Taking all of these factors into consideration, and taking note of other penalties imposed by Committees in similar circumstances we believed a fine of $200 would be an appropriate penalty.

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: 5b87bcb344a3eab121ffa5535ea43709


informantnumber: A10583


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Driving


plea: admitted


penaltyrequired: 1


decisiondate: 13/01/2019


hearing_title: Waikato BOP H 12 January 2019 - R 12 - Chair, Mr A Godsalve


charge:


facts:

This charge resulted after the running of Race 12, the See You At Te Awamutu Next Week 19th Jan Trot 2200m. Mr Mulcay alleged that Junior Driver Mr T Lethaby 'drove carelessly approaching the 250m by allowing BROOKS BELLE to contact the sulky wheel of AWA CATHERINE which resulted in BROOKS BELLE breaking losing it's chance'.

Mr Lethaby, assisted by Senior Horseman, Mr B Mangos was present at the hearing. He acknowledged that he understood the Rule and confirmed that he admitted the breach.

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

Using the available films Mr Mulcay identified BROOKS BELLE as it approached the 250 metres mark. The horse was in the 1x1 position behind AWA CATHERINE. Mr Mulcay stated that BROOKS BELLE was travelling well at that time, and pointed out that Mr Lethaby had attempted to improve the horse into a position where there was insuficient room to do so. In doing so BROOKS BELLE had contacted the sulky wheel of AWA CATHERINE and had then gone off-stride, losing any chance it had in the race.

Mr Lethaby said that he had realised that there had been insufficient room when he tried to improve his horse's position however the horse was travelling too well and before he could restrain it he had struck a wheel of the horse in front, AWA CATHERINE.

Mr Mangos had no comment to make.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Lethaby has admitted the breach we find the charge proved.


sumissionsforpenalty:

Mr Mulcay stated that Mr Lethaby had a clear record in respect of this Rule in the past 12 months, and that he had admitted the breach. Mr Mulcay added that the JCA Penalty Guide provided a starting  point of a fine of $300 or a 6 drive suspension under this Rule when a driver hits a wheel. He said that Mr Lethaby was a Junior Driver, however he added that it was an aggravating factor that BROOKS BELLE had lost any chance it had in the race as a result of Mr Lethaby's driving. He submitted that the Stewards believed a fine in the vicinity of $250-$300 may be an appropriate penalty.

Mr Lethaby stated that he would ask that a fine be considered as his penalty.


reasonsforpenalty:

The Committee confirmed that the JCA Penalty Guide provides a fine of $300 or a 6 drive suspension under this Rule where a driver contacts a wheel while driving carelessly.

We took into account that Mr Lethaby is a Junior Driver, had admitted the breach, and had a clear record. However we agree with Mr Mulcay that as a result of his actions BROOKS BELLE had lost any chance it had in the race.

Taking all of these factors into consideration, and taking note of other penalties imposed by Committees in similar circumstances we believed a fine of $200 would be an appropriate penalty.


penalty:

Accordingly the Committee imposed a fine of $200 on Mr Lethaby.


hearing_type: Hearing


Rules: 869(3)(b)


Informant: Mr S Mulcay - Senior Stipendiary Steward


JockeysandTrainer: Mr T Lethaby-Junior Driver


Otherperson: Mr B Mangos-Senior Horseman assisting Mr Lethaby


PersonPresent:


Respondent:


StipendSteward:


raceid: 25c5d891b8eda4a596fb1d5bbd94f1b8


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R12


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 7f63898cd8500b302cc2384e0892e6f1


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 12/01/2019


meet_title: Harness Racing Waikato - 12 January 2019


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: harness-racing-waikato


meet_racingtype: harness-racing


meet_chair: AGodsalve


meet_pm1: ADooley


meet_pm2: none


name: Harness Racing Waikato