Auckland TC 23 January 2015 – R 10
ID: JCA13762
Meet Title:
Auckland TC - 23 January 2015
Meet Chair:
GJones
Meet Committee Member 1:
BScott
Race Date:
2015/01/23
Race Number:
R10
Decision:
As Mr Poutama admitted the breach we find the charge proved.
Penalty:
We impose a fine of $100 and a 2 days suspension. We grant Mr Poutama a deferment to enable him to fulfil driving engagements at Tauranga on 25 January 2015. Accordingly Mr Poutama is suspended from driving from the conclusion of racing on 25 January 2015 up to and including 1 February 2015. This includes Cambridge on 30 January 2015 and Thames on 1 February 2015.
Facts:
Following the running of Race 10, the Waitakere United FC Mobile Pace an Information was filed by Stipendiary Steward Mr J Muirhead against Junior Horseman Mr A Poutama, the driver of, ELISAVETA, alleging a breach R869(3)(b).
The Information alleged “Junior horseman A Poutama drove ELISAVETA carelessly tightening ALIANTE down onto MURPHY BROWN which was forced inside the pylons and then broke shortly after the start”.
Rule 869(3)(b) provides that:
“No horseman in any race shall drive carelessly”.
Mr Poutama was present at the hearing and was assisted by Open Horseman Mr D Butcher. Mr Poutama acknowledged that he understood the nature of the charge and the requirements of the relevant rule.
Mr Muirhead demonstrated the incident to the Judicial Committee (the “Committee”) by way of video footage. He said that as the field approached the first turn shortly after the start Mr Poutama (ELISAVETA) shifted inwards from a 3 wide barrier position when not sufficiently clear of horses on its inside. This resulted in ALIANTE being tightened down on to MURPHY BROWN which contacted pylons before galloping and losing considerable ground.
Mr Poutama advised the Committee that he made a mistake and it was simply bad judgement on his part.
Submissions for Penalty:
Mr Muirhead referred to the JCA penalty guidelines and submitted the starting point for careless driving is a $400 fine or 8 drives. He said Mr Poutama had breached this rule once previously during the past 12 months (16/03/14) and that he otherwise had a very good driving record.
Mr Muirhead said that he was aware of Mr Poutama's personal circumstances and would support a combination of fine and suspension.
On behalf of Mr Poutama, Mr Butcher submitted that due to Mr Poutama's current circumstances he is not in a position to pay a substantial fine. He said Mr Poutama generally secures 2 or 3 drives in the north and between 6 and 8 drives in the central districts. On that basis he said that Mr Poutama would anticipate having a full book of drives at the forthcoming meeting at Palmerston North on 5 February 2015.
Mr Poutama sought a deferment to any proposed suspension to enable him to drive at the Tauranga meeting on 25 January 2015.
Reasons for Penalty:
In assessing penalty the Committee has noted the JCA Penalty Guidelines and had regard for previous penalties for similar breaches of this rule. The Committee reviewed the circumstances of the breach and determined Mr Poutamas carelessness to be mid–range, aggravated by the fact the inward shift resulted in two horses being impeded. The Committee has taken into consideration Mr Poutama's good driving record and he had been given credit for his admission of the breach. The Committee has also had due regard for Mr Poutama's personal circumstances.
Having taking all matters into account the Committee is of the view that this matter can best be dealt with by way a combination of fine and suspension.
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: 615597df7479db26eec2fed3a6506d72
informantnumber: A7405
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: admitted
penaltyrequired: 1
decisiondate: 13/01/2015
hearing_title: Auckland TC 23 January 2015 - R 10
charge:
facts:
Following the running of Race 10, the Waitakere United FC Mobile Pace an Information was filed by Stipendiary Steward Mr J Muirhead against Junior Horseman Mr A Poutama, the driver of, ELISAVETA, alleging a breach R869(3)(b).
The Information alleged “Junior horseman A Poutama drove ELISAVETA carelessly tightening ALIANTE down onto MURPHY BROWN which was forced inside the pylons and then broke shortly after the start”.
Rule 869(3)(b) provides that:
“No horseman in any race shall drive carelessly”.
Mr Poutama was present at the hearing and was assisted by Open Horseman Mr D Butcher. Mr Poutama acknowledged that he understood the nature of the charge and the requirements of the relevant rule.
Mr Muirhead demonstrated the incident to the Judicial Committee (the “Committee”) by way of video footage. He said that as the field approached the first turn shortly after the start Mr Poutama (ELISAVETA) shifted inwards from a 3 wide barrier position when not sufficiently clear of horses on its inside. This resulted in ALIANTE being tightened down on to MURPHY BROWN which contacted pylons before galloping and losing considerable ground.
Mr Poutama advised the Committee that he made a mistake and it was simply bad judgement on his part.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Poutama admitted the breach we find the charge proved.
sumissionsforpenalty:
Mr Muirhead referred to the JCA penalty guidelines and submitted the starting point for careless driving is a $400 fine or 8 drives. He said Mr Poutama had breached this rule once previously during the past 12 months (16/03/14) and that he otherwise had a very good driving record.
Mr Muirhead said that he was aware of Mr Poutama's personal circumstances and would support a combination of fine and suspension.
On behalf of Mr Poutama, Mr Butcher submitted that due to Mr Poutama's current circumstances he is not in a position to pay a substantial fine. He said Mr Poutama generally secures 2 or 3 drives in the north and between 6 and 8 drives in the central districts. On that basis he said that Mr Poutama would anticipate having a full book of drives at the forthcoming meeting at Palmerston North on 5 February 2015.
Mr Poutama sought a deferment to any proposed suspension to enable him to drive at the Tauranga meeting on 25 January 2015.
reasonsforpenalty:
In assessing penalty the Committee has noted the JCA Penalty Guidelines and had regard for previous penalties for similar breaches of this rule. The Committee reviewed the circumstances of the breach and determined Mr Poutamas carelessness to be mid–range, aggravated by the fact the inward shift resulted in two horses being impeded. The Committee has taken into consideration Mr Poutama's good driving record and he had been given credit for his admission of the breach. The Committee has also had due regard for Mr Poutama's personal circumstances.
Having taking all matters into account the Committee is of the view that this matter can best be dealt with by way a combination of fine and suspension.
penalty:
We impose a fine of $100 and a 2 days suspension. We grant Mr Poutama a deferment to enable him to fulfil driving engagements at Tauranga on 25 January 2015. Accordingly Mr Poutama is suspended from driving from the conclusion of racing on 25 January 2015 up to and including 1 February 2015. This includes Cambridge on 30 January 2015 and Thames on 1 February 2015.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr J Muirhead (Stipendiary Steward)
JockeysandTrainer: Mr A Poutama - Junior Horseman
Otherperson: Mr D Butcher - Open Horseman assisting Mr A Poutama
PersonPresent:
Respondent:
StipendSteward:
raceid: fc70567aaf4fc48d9a6f8df847992364
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R10
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: a900046918ee7762118004c33f0ccbd7
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 23/01/2015
meet_title: Auckland TC - 23 January 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: GJones
meet_pm1: BScott
meet_pm2: none
name: Auckland TC