Archive Decision

This decision has been migrated from the JCA website. Information is accurate but formatting may differ from contemporary decisions. Please contact us for any further enquiries.

Waikato BOP H 24 December 2020 – R 5 – Chair, Mr A Godsalve

ID: JCA14688

Applicant:
Mr S Mulcay - Senior Stipendiary Steward

Respondent(s):
Ms M Teaz - Open Driver

Information Number:
A11108

Hearing Type:
Hearing

New Charge:
Careless driving

Rules:
869(3)(b)

Plea:
admitted

Meet Title:
Harness Racing Waikato - 24 December 2020

Meet Chair:
AGodsalve

Race Date:
2020/12/24

Race Number:
R5

Decision:

As Ms Teaz has admitted the breach we find the charge proved.

Penalty:

The Committee suspends Ms Teaz's driving license from after racing on 24 December 2020 until after racing on 8 January 2021.

The meetings involved in the Auckland/Waikato area are:

Cambridge 29 December, Auckland Harness 31 December, Cambridge 8 January 2021.

Facts:

Subsequent to the running of Race 5, Mr Mulcay submitted an Information in which he alleged that Open Driver Ms M Teaz when she drove LOVE AND FAITH drove carelessly caused interference to KEYSTONE COMET with resultant interference to CEPHEUS approaching the 400 metres.

Ms Teaz was present at the hearing and acknowledged that :

(a) she understood the Rule, and

(b) she admitted the breach.

Rule 869(3)(b) states 'No driver in any race shall drive carelessly'.

Using the films Mr Mulcay identified the horses LOVE AND FAITH, KEYSTONE COMET, and CEPHEUS as the field neared the 400 metres mark. He pointed out that LOVE AND FAITH had been in a trailling position until Ms Teaz steered it out into a 3 wide position towards the end of the back straight. LOVE AND FAITH then attempted to shift down into the lead and in doing so checked KEYSTONE COMET which dipped and went off stride. In doing so KEYSTONE COMET disadvantaged CEPHEUS , the result being both horses lost their chance in the race.

Ms Teaz said she had got in too close and things had got 'a bit tight'. She acknowledged that she had driven carelessly.

Submissions for Penalty:

Mr Mulcay referred to the JCA Penalty Guide which provides for a fine of $500 or a 10 drive suspension for a breach of this Rule. He said Ms Teaz had a clear record and had admitted the breach at the first opportunity.

However, he said that 2 horses had their chances extinguished as a result of her actions and submitted that a 3 day suspension of her license was an appropriate penalty. He added that Ms Teaz would not be driving at the Wairarapa harness meeting on 2 January 2021 or the Kapiti Coast meeting on 4 January 2021.

Ms Teaz said that she had nothing to add and that she could begin any suspension after today's meeting as she had no upcoming engagements.

Reasons for Penalty:

The Committee confirmed that the JCA Penalty Guide has a fine of $500 or a 10 drive suspension as a starting point for a breach of this Rule. We taken into account Ms Teaz's clear record and her admission. We assess the breach to be at the mid range due to the fact that 2 horses were affected and lost their chance in the race.

Given Ms Teaz's driving record we assess that a 3 day suspension would be an appropriate penalty.

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: 70a93c9a519ec9e7e08d584f7586f3ff


informantnumber: A11108


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless driving


plea: admitted


penaltyrequired: 1


decisiondate: 24/12/2020


hearing_title: Waikato BOP H 24 December 2020 - R 5 - Chair, Mr A Godsalve


charge:


facts:

Subsequent to the running of Race 5, Mr Mulcay submitted an Information in which he alleged that Open Driver Ms M Teaz when she drove LOVE AND FAITH drove carelessly caused interference to KEYSTONE COMET with resultant interference to CEPHEUS approaching the 400 metres.

Ms Teaz was present at the hearing and acknowledged that :

(a) she understood the Rule, and

(b) she admitted the breach.

Rule 869(3)(b) states 'No driver in any race shall drive carelessly'.

Using the films Mr Mulcay identified the horses LOVE AND FAITH, KEYSTONE COMET, and CEPHEUS as the field neared the 400 metres mark. He pointed out that LOVE AND FAITH had been in a trailling position until Ms Teaz steered it out into a 3 wide position towards the end of the back straight. LOVE AND FAITH then attempted to shift down into the lead and in doing so checked KEYSTONE COMET which dipped and went off stride. In doing so KEYSTONE COMET disadvantaged CEPHEUS , the result being both horses lost their chance in the race.

Ms Teaz said she had got in too close and things had got 'a bit tight'. She acknowledged that she had driven carelessly.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Ms Teaz has admitted the breach we find the charge proved.


sumissionsforpenalty:

Mr Mulcay referred to the JCA Penalty Guide which provides for a fine of $500 or a 10 drive suspension for a breach of this Rule. He said Ms Teaz had a clear record and had admitted the breach at the first opportunity.

However, he said that 2 horses had their chances extinguished as a result of her actions and submitted that a 3 day suspension of her license was an appropriate penalty. He added that Ms Teaz would not be driving at the Wairarapa harness meeting on 2 January 2021 or the Kapiti Coast meeting on 4 January 2021.

Ms Teaz said that she had nothing to add and that she could begin any suspension after today's meeting as she had no upcoming engagements.


reasonsforpenalty:

The Committee confirmed that the JCA Penalty Guide has a fine of $500 or a 10 drive suspension as a starting point for a breach of this Rule. We taken into account Ms Teaz's clear record and her admission. We assess the breach to be at the mid range due to the fact that 2 horses were affected and lost their chance in the race.

Given Ms Teaz's driving record we assess that a 3 day suspension would be an appropriate penalty.


penalty:

The Committee suspends Ms Teaz's driving license from after racing on 24 December 2020 until after racing on 8 January 2021.

The meetings involved in the Auckland/Waikato area are:

Cambridge 29 December, Auckland Harness 31 December, Cambridge 8 January 2021.


hearing_type: Hearing


Rules: 869(3)(b)


Informant: Mr S Mulcay - Senior Stipendiary Steward


JockeysandTrainer: Ms M Teaz - Open Driver


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: d735bfd4851c5d5b8ead5939e7c8995e


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R5


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: e8ff73bae151592ec6eaa0afa82b5698


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 24/12/2020


meet_title: Harness Racing Waikato - 24 December 2020


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: harness-racing-waikato


meet_racingtype: harness-racing


meet_chair: AGodsalve


meet_pm1: none


meet_pm2: none


name: Harness Racing Waikato