Forbury Park TC 9 May 2014 – R 1
ID: JCA14192
Meet Title:
Forbury Park TC - 9 May 2014
Meet Chair:
GHall
Meet Committee Member 1:
DSteel
Race Date:
2014/05/09
Race Number:
R1
Decision:
As Mr McCormick admitted the breach, we find that the breach is proved.
Penalty:
Mr McCormick is suspended from the end of racing today up to and including 22 May. This is 2 driving days: Oamaru on 18 May and Forbury Park on 22 May.
Facts:
Mr Allison alleged that with approximately 550 metres to run Mr D McCormick drove carelessly in that QUEEN MARY shifted ground inwards, which resulted in a check to OCH AYE THE NOO (M Denton).
Mr Allison demonstrated the incident on the video and said the respondent had progressed into a position in the field that was always going to cause difficulties for the horse on his outer when the field approached the bend. He acknowledged there were extenuating circumstances in that it was a wet night and the horses were accordingly racing wide on the track down the back straight. He said as an experienced horseman Mr McCormick should have been aware the horses would shift back down on the track entering the bend. He also accepted that QUEEN MARY was racing keenly at the time and there was initially room for QUEEN MARY to improve to the inside of OCH AYE THE NOO.
Mr McCormick said he admitted the breach and in hindsight he accepted he should not have moved into the gap. He had made a mistake but QUEEN MARY was “pulling really hard” and there was a gap for him to move into. He had not forced his way into a position that was not there. The temptation had just been too great.
Submissions for Penalty:
Mr Allison produced Mr McCormick’s record, which was excellent under this rule. He said Mr McCormick did not drive frequently. This was his 12th drive this season and he had only had 24 drives in the two previous seasons. He submitted a fine or a suspension at the lower end was appropriate although he emphasised there had been a relegation from 4th as a consequence of the respondent’s actions.
Mr McCormick emphasised he had apologised to Mr Denton. He stated he had a half share in the horse and had lost the 4th stake as a result of the relegation. He believed a warning was the appropriate penalty. When the committee indicated that a fine or suspension was being contemplated, he requested we consider a suspension.
Reasons for Penalty:
The breach is at the lower end, although we note there has been a relegation from 4th. As an experienced horseman, it should have been obvious to Mr McCormick that Mr Denton was going to run out of room as the horses entered the bend if there was a horse on his outside at the time. Unfortunately for the respondent ZACHARY SMITH was outside Mr Denton, and OCH AYE THE NOO lost its chances as a result of coming into contact with that horse and galloping.
The starting point is a fine of $400 or 8 drives. We give a significant reduction for the respondent’s excellent record, his apology to Mr Denton and his forthright admission of the breach.
JCA Decision Fields (raw)
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hearingid: a64ef46ec23244daa2ad3295f34a1ffe
informantnumber: A1737
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless driving
plea: admitted
penaltyrequired: 1
decisiondate: 06/05/2014
hearing_title: Forbury Park TC 9 May 2014 - R 1
charge:
facts:
Mr Allison alleged that with approximately 550 metres to run Mr D McCormick drove carelessly in that QUEEN MARY shifted ground inwards, which resulted in a check to OCH AYE THE NOO (M Denton).
Mr Allison demonstrated the incident on the video and said the respondent had progressed into a position in the field that was always going to cause difficulties for the horse on his outer when the field approached the bend. He acknowledged there were extenuating circumstances in that it was a wet night and the horses were accordingly racing wide on the track down the back straight. He said as an experienced horseman Mr McCormick should have been aware the horses would shift back down on the track entering the bend. He also accepted that QUEEN MARY was racing keenly at the time and there was initially room for QUEEN MARY to improve to the inside of OCH AYE THE NOO.
Mr McCormick said he admitted the breach and in hindsight he accepted he should not have moved into the gap. He had made a mistake but QUEEN MARY was “pulling really hard” and there was a gap for him to move into. He had not forced his way into a position that was not there. The temptation had just been too great.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr McCormick admitted the breach, we find that the breach is proved.
sumissionsforpenalty:
Mr Allison produced Mr McCormick’s record, which was excellent under this rule. He said Mr McCormick did not drive frequently. This was his 12th drive this season and he had only had 24 drives in the two previous seasons. He submitted a fine or a suspension at the lower end was appropriate although he emphasised there had been a relegation from 4th as a consequence of the respondent’s actions.
Mr McCormick emphasised he had apologised to Mr Denton. He stated he had a half share in the horse and had lost the 4th stake as a result of the relegation. He believed a warning was the appropriate penalty. When the committee indicated that a fine or suspension was being contemplated, he requested we consider a suspension.
reasonsforpenalty:
The breach is at the lower end, although we note there has been a relegation from 4th. As an experienced horseman, it should have been obvious to Mr McCormick that Mr Denton was going to run out of room as the horses entered the bend if there was a horse on his outside at the time. Unfortunately for the respondent ZACHARY SMITH was outside Mr Denton, and OCH AYE THE NOO lost its chances as a result of coming into contact with that horse and galloping.
The starting point is a fine of $400 or 8 drives. We give a significant reduction for the respondent’s excellent record, his apology to Mr Denton and his forthright admission of the breach.
penalty:
Mr McCormick is suspended from the end of racing today up to and including 22 May. This is 2 driving days: Oamaru on 18 May and Forbury Park on 22 May.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr C Allison, Stipendiary Steward
JockeysandTrainer: Mr D McCormick, Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 7ab79a876a52d7803d1c4da519adc218
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 1b112ba631029617879b45feca1b34c1
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 09/05/2014
meet_title: Forbury Park TC - 9 May 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: forbury-park-tc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: DSteel
meet_pm2: none
name: Forbury Park TC