Archive Decision

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Gore HRC 6 May 2017 – R 2 – Chair, Prof G Hall

ID: JCA13915

Applicant:
Mr L Tidmarsh - Stipendiary Steward

Respondent(s):
Mr T Robertson- Open Horseman

Information Number:
A9360

Hearing Type:
Hearing

New Charge:
Careless Driving

Rules:
869(3)(b)

Plea:
admitted

Meet Title:
Gore HRC - 6 May 2017

Meet Chair:
GHall

Meet Committee Member 1:
PKnowles

Race Date:
2017/05/06

Race Number:
R 2

Decision:

As Mr Robertson has admitted the breach, we find the breach proved.

Penalty:

We suspend Mr Robertson from driving from the end of racing today up to and including 20 May. This is 3 Otago/Southland days: Forbury Park 11 May, Winton 13 May and Invercargill 20 May.

Facts:

Mr Tidmarsh, Stipendiary Steward, alleged that Mr Robertson (LADY’S LASS) drove carelessly near the 900 metres in race 2, when failing to concede his position to NEWMAN’S JET (Mr A Suddaby).

Mr Tidmarsh demonstrated on the videos that Mr Robertson was one out and one back just after the 1000 metres. Mr Suddaby, who had a clear advantage over Mr Robertson, then endeavoured to shift out to the one/one. Mr Robertson failed to let Mr Suddaby come out for a distance that Mr Tidmarsh estimated to be 100 metres. He demonstrated the head of LADY’S LASS was pointed inwards at this time. Mr Tidmarsh said there was brief contact and LADY’S LASS went rough momentarily.

Mr Robertson acknowledged he had failed to concede his position to Mr Suddaby at the point of contact.

Submissions for Penalty:

Mr Tidmarsh produced Mr Robertson’s record, which was clear under this rule. Mr Robertson has had 19 drives this season and 30 the previous season.

Mr Tidmarsh described the breach as mid range due to the distance over which Mr Robertson had failed to concede his position. He submitted a 3-day suspension was appropriate.

Mr Robertson said he only drove his own horses and that he preferred a suspension to a fine.

Reasons for Penalty:

We view the breach as being at the bottom end of mid range. Although the respondent failed to concede his position to Mr Suddaby for some distance, Mr Robertson’s horse paced roughly only briefly and Mr Suddaby eventually ended up in the one/one position.

Mr Robertson’s record is very good and he has admitted the breach. We believe a 3-day suspension 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: 7ff5eab63578586abf941fa1209ca6bd


informantnumber: A9360


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Driving


plea: admitted


penaltyrequired: 1


decisiondate: 07/05/2017


hearing_title: Gore HRC 6 May 2017 - R 2 - Chair, Prof G Hall


charge:


facts:

Mr Tidmarsh, Stipendiary Steward, alleged that Mr Robertson (LADY’S LASS) drove carelessly near the 900 metres in race 2, when failing to concede his position to NEWMAN’S JET (Mr A Suddaby).

Mr Tidmarsh demonstrated on the videos that Mr Robertson was one out and one back just after the 1000 metres. Mr Suddaby, who had a clear advantage over Mr Robertson, then endeavoured to shift out to the one/one. Mr Robertson failed to let Mr Suddaby come out for a distance that Mr Tidmarsh estimated to be 100 metres. He demonstrated the head of LADY’S LASS was pointed inwards at this time. Mr Tidmarsh said there was brief contact and LADY’S LASS went rough momentarily.

Mr Robertson acknowledged he had failed to concede his position to Mr Suddaby at the point of contact.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Robertson has admitted the breach, we find the breach proved.


sumissionsforpenalty:

Mr Tidmarsh produced Mr Robertson’s record, which was clear under this rule. Mr Robertson has had 19 drives this season and 30 the previous season.

Mr Tidmarsh described the breach as mid range due to the distance over which Mr Robertson had failed to concede his position. He submitted a 3-day suspension was appropriate.

Mr Robertson said he only drove his own horses and that he preferred a suspension to a fine.


reasonsforpenalty:

We view the breach as being at the bottom end of mid range. Although the respondent failed to concede his position to Mr Suddaby for some distance, Mr Robertson’s horse paced roughly only briefly and Mr Suddaby eventually ended up in the one/one position.

Mr Robertson’s record is very good and he has admitted the breach. We believe a 3-day suspension is appropriate.


penalty:

We suspend Mr Robertson from driving from the end of racing today up to and including 20 May. This is 3 Otago/Southland days: Forbury Park 11 May, Winton 13 May and Invercargill 20 May.


hearing_type: Hearing


Rules: 869(3)(b)


Informant: Mr L Tidmarsh - Stipendiary Steward


JockeysandTrainer: Mr T Robertson- Open Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 1c8f4b66af3db0defc3ad201a9547e9e


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: 1c119bcc07490b9ea6423c020cd1aa8c


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 06/05/2017


meet_title: Gore HRC - 6 May 2017


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: gore-hrc


meet_racingtype: harness-racing


meet_chair: GHall


meet_pm1: PKnowles


meet_pm2: none


name: Gore HRC