Amberley TC 6 February 2017 – R 12 – Chair, Mr S Ching
ID: JCA14402
Meet Title:
Amberley TC - 6 February 2017
Meet Chair:
SChing
Meet Committee Member 1:
DAnderson
Race Date:
2017/02/06
Race Number:
R12
Decision:
As Mr May had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
Mr May’s request for a deferment until after tracing on 10 February was granted with his licence to drive suspended from the conclusion of racing 10 February up to and including 14 February 2017. This suspension encompasses the meetings at Waikouaiti on 12 February and 14 February 2017.
Facts:
Following the running of Race 12, the Keith Ussher Architecture-Dawe Contracting Ltd Pace, an information was filed by Chief Stipendiary Steward Mr N Ydgren against Open Horseman Mr R May, alleging a breach of Rule 869(3) (b) in that he drove carelessly in the home straight when shifting outwards checking OUR QUINN.
Mr May had indicated on the Information that this breach of the Rules was admitted. Mr May had also informed the Stewards that he did not wish to be present at the hearing.
Rule 869(3)(b) reads as follows:
“(3) No horseman in any race shall drive:-
(b) carelessly:-
Mr Ydgren gave evidence and used video coverage to show that as the field was entering the home straight LIS RULZ, driven by Mr May was racing 3 back and 1 off the pylons with OUR QUINN, driven by Mr S Lethaby racing to his outside in a 3-wide position. Mr Ydgren stated that inside the 200m Mr May shifted out and attempted to shift OUR QUINN wider, making contact and as a consequence, OUR QUINN broke and galloped for a few strides. He said Mr May was not in a position to shift Mr Lethaby wider as OUR QUINN was covered by the outside horse who was going forward on his outer and had to absorb the pressure, eventually causing OUR QUINN to break.
Submissions for Penalty:
Mr Ydgren informed the Committee that Mr May had a previous breach of this rule on 2 January 2017 at Central Otago where he was fined the sum of $350. He stated the JCA Penalty Guide recommends a starting point of a 3-day suspension for a second breach of this rule within 4 months. Mr Ydgren said that the level of carelessness was mid-range with the consequential effects not high as Mr Lethaby’s horse was battling at the time of contact and was under pressure to improve. Taking Mr May's admission of the breach into consideration, the consequential effects of his carelessness being at a low level and the number of drives Mr May has had since his last breach, Mr Ydgren submitted that a 2-day suspension be considered as penalty in this case.
He said Mr May had also requested a deferment until after racing at Addington on 10 February where he had confirmed driving engagements.
Reasons for Penalty:
In determining penalty, the Committee took into account Mr May’s ready admission of the breach. We also considered this breach to be mid-range with the consequential effects as being low end. The JCA Penalty Guide suggests a starting point of a 3-day suspension for a second breach of this rule within 4 months. In taking the starting point of a 3-day suspension we were able to afford Mr May a discount of 1 day for his ready admission of the breach and the low consequential effects of his carelessness. We therefore determined that a 2- day suspension was an appropriate penalty in this case.
JCA Decision Fields (raw)
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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: 7ec49d648c5cc8b71e3279cd7047ad3b
informantnumber: A8346
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless driving
plea: admitted
penaltyrequired: 1
decisiondate: 08/02/2017
hearing_title: Amberley TC 6 February 2017 - R 12 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 12, the Keith Ussher Architecture-Dawe Contracting Ltd Pace, an information was filed by Chief Stipendiary Steward Mr N Ydgren against Open Horseman Mr R May, alleging a breach of Rule 869(3) (b) in that he drove carelessly in the home straight when shifting outwards checking OUR QUINN.
Mr May had indicated on the Information that this breach of the Rules was admitted. Mr May had also informed the Stewards that he did not wish to be present at the hearing.
Rule 869(3)(b) reads as follows:
“(3) No horseman in any race shall drive:-
(b) carelessly:-
Mr Ydgren gave evidence and used video coverage to show that as the field was entering the home straight LIS RULZ, driven by Mr May was racing 3 back and 1 off the pylons with OUR QUINN, driven by Mr S Lethaby racing to his outside in a 3-wide position. Mr Ydgren stated that inside the 200m Mr May shifted out and attempted to shift OUR QUINN wider, making contact and as a consequence, OUR QUINN broke and galloped for a few strides. He said Mr May was not in a position to shift Mr Lethaby wider as OUR QUINN was covered by the outside horse who was going forward on his outer and had to absorb the pressure, eventually causing OUR QUINN to break.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr May had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
sumissionsforpenalty:
Mr Ydgren informed the Committee that Mr May had a previous breach of this rule on 2 January 2017 at Central Otago where he was fined the sum of $350. He stated the JCA Penalty Guide recommends a starting point of a 3-day suspension for a second breach of this rule within 4 months. Mr Ydgren said that the level of carelessness was mid-range with the consequential effects not high as Mr Lethaby’s horse was battling at the time of contact and was under pressure to improve. Taking Mr May's admission of the breach into consideration, the consequential effects of his carelessness being at a low level and the number of drives Mr May has had since his last breach, Mr Ydgren submitted that a 2-day suspension be considered as penalty in this case.
He said Mr May had also requested a deferment until after racing at Addington on 10 February where he had confirmed driving engagements.
reasonsforpenalty:
In determining penalty, the Committee took into account Mr May’s ready admission of the breach. We also considered this breach to be mid-range with the consequential effects as being low end. The JCA Penalty Guide suggests a starting point of a 3-day suspension for a second breach of this rule within 4 months. In taking the starting point of a 3-day suspension we were able to afford Mr May a discount of 1 day for his ready admission of the breach and the low consequential effects of his carelessness. We therefore determined that a 2- day suspension was an appropriate penalty in this case.
penalty:
Mr May’s request for a deferment until after tracing on 10 February was granted with his licence to drive suspended from the conclusion of racing 10 February up to and including 14 February 2017. This suspension encompasses the meetings at Waikouaiti on 12 February and 14 February 2017.
hearing_type: Hearing
Rules: 869 (3) (b)
Informant: N Ydgren-Chief Stipendiary Steward
JockeysandTrainer: R May-Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 076eed8768a2c5e4d4e0d15091cbd1bb
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: 11b2bfb18096e6f2143684434fa570cc
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 06/02/2017
meet_title: Amberley TC - 6 February 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: amberley-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: DAnderson
meet_pm2: none
name: Amberley TC