Archive Decision

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Wyndham HRC 15 November 2015 – R 3 – Chair, Mr N Skelt

ID: JCA13855

Applicant:
Mr C J Allison - Stipendiary Steward

Respondent(s):
Mr A R Beck - Senior Horseman

Other Person:
Mr M Williamson - Driver of THINKING SMART

Information Number:
A1432

Hearing Type:
Hearing

New Charge:
Careless driving

Rules:
869(3)(b)

Plea:
admitted

Meet Title:
Wyndham HRC - 15 November 2015

Meet Chair:
NSkelt

Race Date:
2015/11/15

Race Number:
R 3

Decision:

Mr Beck having admitted the breach, the charge was found proved.

Penalty:

Mr Beck was final the sum of $400.

Facts:

Following the running of race 3 the Washington VC at Bryleigh Stud Fillies and Mares Mobile Pace an information was filed by Stipendiary Steward Mr C.J Allison against Senior Horseman Mr A.R Beck alleging that as the driver of Bettor Enforce in the race, he drove carelessly in that with approximately 350 metres to run he shifted ground outwards when insufficiently clear of Thinking Smart (M. Williamson) causing Thinking Smart to be checked.

Mr Beck admitted the breach, and requested Mr M. Williamson the driver of Thinking Smart to give evidence at the hearing.

Rule 869 reads as follows:

(3) No horseman in any race shall drive

(b) Carelessly

Mr Allison showed the side on and head on video replays of the final 350 metres of the race and he identified the relevant runners.

Bettor Enforce driven by A.R Beck was racing 3 back on the markers. Thinking Smart (Driven by Mr M. Williamson) was racing outside Bettor Enforce and Robyn Kim driven by Mr S. Walkinshaw was racing in the three wide position. Mr Allison said that Mr Beck has moved out when not sufficiently clear of Mr Williamson (Thinking Smart) causing slight contact and causing Thinking Smart to be checked and lose its chance.

Mr Allison acknowledged that Thinking Smart was tiring quickly and would not have contested the finish of the race.

Mr Beck agreed with Mr Allison’s summation and asked Mr Williamson if he would give his opinion of the incident.

Mr Williamson stated that his horse Thinking Smart was tiring badly at the time of the incident and that Mr Beck had just touched him. His horse may have over re-acted also to the incident.

Submissions for Penalty:

Mr Allison submitted that the carelessness was mid-range in the view of the Stewards, Mr Beck had 248 drives last season and has had 22 drives to date this season. Mr Beck has had no breaches of this rule this season and Mr Allison stated that Mr Beck had a very good record overall.

Mr Allison referred to the penalty guide which suggested a starting point for penalty of 10 drives or a fine of $500.

Mr Allison acknowledged that some consideration for Mr Beck’s early admittance of the breach and very good driving record may be appropriate.

Mr Beck reinforced that Mr Williamson’s horse was tiring badly and that its chances were not affected by the incident.

Reasons for Penalty:

The committee assessed the degree of carelessness to be mid-range. Mr Beck has clearly moved out when he was not sufficiently clear, and he was fortunate that the horse that was checked Thinking Smart was tiring badly.

The committee noted the suggested starting point for penalty was for a fine of $500.

Mr Beck was entitled to a $100 discount for his admission of the breach, and his good record.

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: 77b1464df72883cbf16e1d60ba5aec93


informantnumber: A1432


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless driving


plea: admitted


penaltyrequired: 1


decisiondate: 17/11/2015


hearing_title: Wyndham HRC 15 November 2015 - R 3 - Chair, Mr N Skelt


charge:


facts:

Following the running of race 3 the Washington VC at Bryleigh Stud Fillies and Mares Mobile Pace an information was filed by Stipendiary Steward Mr C.J Allison against Senior Horseman Mr A.R Beck alleging that as the driver of Bettor Enforce in the race, he drove carelessly in that with approximately 350 metres to run he shifted ground outwards when insufficiently clear of Thinking Smart (M. Williamson) causing Thinking Smart to be checked.

Mr Beck admitted the breach, and requested Mr M. Williamson the driver of Thinking Smart to give evidence at the hearing.

Rule 869 reads as follows:

(3) No horseman in any race shall drive

(b) Carelessly

Mr Allison showed the side on and head on video replays of the final 350 metres of the race and he identified the relevant runners.

Bettor Enforce driven by A.R Beck was racing 3 back on the markers. Thinking Smart (Driven by Mr M. Williamson) was racing outside Bettor Enforce and Robyn Kim driven by Mr S. Walkinshaw was racing in the three wide position. Mr Allison said that Mr Beck has moved out when not sufficiently clear of Mr Williamson (Thinking Smart) causing slight contact and causing Thinking Smart to be checked and lose its chance.

Mr Allison acknowledged that Thinking Smart was tiring quickly and would not have contested the finish of the race.

Mr Beck agreed with Mr Allison’s summation and asked Mr Williamson if he would give his opinion of the incident.

Mr Williamson stated that his horse Thinking Smart was tiring badly at the time of the incident and that Mr Beck had just touched him. His horse may have over re-acted also to the incident.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr Beck having admitted the breach, the charge was found proved.


sumissionsforpenalty:

Mr Allison submitted that the carelessness was mid-range in the view of the Stewards, Mr Beck had 248 drives last season and has had 22 drives to date this season. Mr Beck has had no breaches of this rule this season and Mr Allison stated that Mr Beck had a very good record overall.

Mr Allison referred to the penalty guide which suggested a starting point for penalty of 10 drives or a fine of $500.

Mr Allison acknowledged that some consideration for Mr Beck’s early admittance of the breach and very good driving record may be appropriate.

Mr Beck reinforced that Mr Williamson’s horse was tiring badly and that its chances were not affected by the incident.


reasonsforpenalty:

The committee assessed the degree of carelessness to be mid-range. Mr Beck has clearly moved out when he was not sufficiently clear, and he was fortunate that the horse that was checked Thinking Smart was tiring badly.

The committee noted the suggested starting point for penalty was for a fine of $500.

Mr Beck was entitled to a $100 discount for his admission of the breach, and his good record.


penalty:

Mr Beck was final the sum of $400.


hearing_type: Hearing


Rules: 869(3)(b)


Informant: Mr C J Allison - Stipendiary Steward


JockeysandTrainer: Mr A R Beck - Senior Horseman


Otherperson: Mr M Williamson - Driver of THINKING SMART


PersonPresent:


Respondent:


StipendSteward:


raceid: 6bdcef1392ad89011b3c737058656060


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race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 3


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meetdate: 15/11/2015


meet_title: Wyndham HRC - 15 November 2015


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meet_racingtype: harness-racing


meet_chair: NSkelt


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name: Wyndham HRC