NZ Metro TC 13 December 2014 – R 4
ID: JCA14512
Meet Title:
NZ Metro TC - 13 December 2014
Meet Chair:
RMcKenzie
Meet Committee Member 1:
KHales
Race Date:
2014/12/13
Race Number:
R4
Decision:
Mr O’Reilly having admitted the breach, the charge was found proved.
Penalty:
Mr O’Reilly was fined the sum of $250.00.
Facts:
Following the running of Race 4, Woodlands Stud – Pegasus Spur Handicap Trot, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Mr G D O’Reilly, alleging that Mr O’Reilly, as the driver of LIVE THE DREAM in the race, “drove carelessly on the final bend when shifting ground outwards which resulted in FREE BIRD (S J Ottley) being tightened and galloping and losing its chance”.
Mr O’Reilly had signed the Statement by the Respondent on the information form indicating that he admitted the charge. Mr Ydgren confirmed that Mr O’Reilly did not wish to be present at the hearing of the information.
Rule 869 provides as follows:
(3) No horseman shall in any race drive:
(b) carelessly.
Mr Ydgren showed video replays of the incident, from several angles, with approximately 250 metres to run. He pointed out LIVE THE DREAM, driven by Mr O’Reilly, trailing the leader as the field approached the home turn. Immediately behind him was FREE BIRD (S J Ottley).
Mr Ydgren then pointed out VALMAGNE (C J DeFilippi), which had been racing 3-back on the outside, shift out to a 3-wide position. Mr Ottley then took up the position vacated by VALMAGNE to get onto the back of ROYAL ASPIRATIONS (S F Smolenski).
Mr Smolenski then improved to a 3-wide position leaving Miss Ottley 2-wide. Mr O’Reilly then shifted away from the fence. Miss Ottley was crowded between VALMAGNE and LIVE THE DREAM and her horse galloped.
Mr O’Reilly’s shift had not been an abrupt one but he had left Miss Ottley with nowhere to go.
Submissions for Penalty:
Mr Ydgren informed the Committee that Mr O’Reilly’s driving record was clear. He had admitted the breach at the first opportunity and had been very cooperative with Stewards. However, Mr O’Reilly’s actions had put another runner out of the race, Mr Ydgren said.
Mr Ydgren advised the Committee that Mr O’Reilly has had 162 drives this season and 360 last season. He is a very busy driver, Mr Ydgren said.
Mr Ydgren submitted that an appropriate penalty was a $250 fine.
Reasons for Penalty:
In determining penalty, the Committee had regard to the starting point of a $400 fine for a breach of the Rule as provided in the Penalty Guide. Mr O’Reilly’s admission of the breach and excellent driving record were mitigating factors, warranting a $200 discount from that point.
The principal aggravating factor in this case was that Mr O’Reilly had allowed his horse to shift outwards which had resulted in interference to another runner, causing that runner to lose its chance, only approximately 250 metres from the finish. The Committee assessed the degree of carelessness as being mid-range. That aggravating factor warranted a $50 uplift from $200 to $250.
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: 8cbd99541b6a593ff69746e3b681568e
informantnumber: A6185
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: admitted
penaltyrequired: 1
decisiondate: 13/12/2014
hearing_title: NZ Metro TC 13 December 2014 - R 4
charge:
facts:
Following the running of Race 4, Woodlands Stud – Pegasus Spur Handicap Trot, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Mr G D O’Reilly, alleging that Mr O’Reilly, as the driver of LIVE THE DREAM in the race, “drove carelessly on the final bend when shifting ground outwards which resulted in FREE BIRD (S J Ottley) being tightened and galloping and losing its chance”.
Mr O’Reilly had signed the Statement by the Respondent on the information form indicating that he admitted the charge. Mr Ydgren confirmed that Mr O’Reilly did not wish to be present at the hearing of the information.
Rule 869 provides as follows:
(3) No horseman shall in any race drive:
(b) carelessly.
Mr Ydgren showed video replays of the incident, from several angles, with approximately 250 metres to run. He pointed out LIVE THE DREAM, driven by Mr O’Reilly, trailing the leader as the field approached the home turn. Immediately behind him was FREE BIRD (S J Ottley).
Mr Ydgren then pointed out VALMAGNE (C J DeFilippi), which had been racing 3-back on the outside, shift out to a 3-wide position. Mr Ottley then took up the position vacated by VALMAGNE to get onto the back of ROYAL ASPIRATIONS (S F Smolenski).
Mr Smolenski then improved to a 3-wide position leaving Miss Ottley 2-wide. Mr O’Reilly then shifted away from the fence. Miss Ottley was crowded between VALMAGNE and LIVE THE DREAM and her horse galloped.
Mr O’Reilly’s shift had not been an abrupt one but he had left Miss Ottley with nowhere to go.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr O’Reilly having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Ydgren informed the Committee that Mr O’Reilly’s driving record was clear. He had admitted the breach at the first opportunity and had been very cooperative with Stewards. However, Mr O’Reilly’s actions had put another runner out of the race, Mr Ydgren said.
Mr Ydgren advised the Committee that Mr O’Reilly has had 162 drives this season and 360 last season. He is a very busy driver, Mr Ydgren said.
Mr Ydgren submitted that an appropriate penalty was a $250 fine.
reasonsforpenalty:
In determining penalty, the Committee had regard to the starting point of a $400 fine for a breach of the Rule as provided in the Penalty Guide. Mr O’Reilly’s admission of the breach and excellent driving record were mitigating factors, warranting a $200 discount from that point.
The principal aggravating factor in this case was that Mr O’Reilly had allowed his horse to shift outwards which had resulted in interference to another runner, causing that runner to lose its chance, only approximately 250 metres from the finish. The Committee assessed the degree of carelessness as being mid-range. That aggravating factor warranted a $50 uplift from $200 to $250.
penalty:
Mr O’Reilly was fined the sum of $250.00.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: N M Ydgren, Stipendiary Steward
JockeysandTrainer: G D O'Reilly, Licensed Open Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: e319ab6ebada70fc30aaa50ceb3115b9
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: c1a4b955e9ee8aa8844682d32d069cad
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 13/12/2014
meet_title: NZ Metro TC - 13 December 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: KHales
meet_pm2: none
name: NZ Metro TC