Archive Decision

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Ashburton TC 4 June 2012 – R 6

ID: JCA14700

Applicant:
Mr A Ray - Stipendiary Steward

Respondent(s):
Mr K Williams - Open Horseman

Information Number:
A4553

Hearing Type:
Hearing

Rules:
869(3)(b)

Plea:
admitted

Meet Title:
Ashburton TC - 4 June 2012

Meet Chair:
JMillar

Meet Committee Member 1:
JPhelan

Race Date:
2012/06/04

Race Number:
R 6

Decision:

The charge was found to be proved.

Penalty:

Mr Williams was fined the sum of $250.00.

Charge:

Alleged breach of Rule 869(3) (b).

Facts:

Following the running of Race 6, the Fulton Hogan Ltd Mobile Pace, an Information was filed by Stipendiary Steward Mr A Ray against Open Horseman Mr K Williams, the driver of “My Lifesign” (15), alleging a breach of Rule 869(3)(b) in that he drove carelessly.

The charge reads as follows:

“I the above named informant allege that the above named Respondent committed a breach of Rule 869(3)(b) (in that) you drove carelessly when shifting ground outwards when not clear of Shantahlias’s Star with that gelding being checked and losing all chance and Revell Yell also having to check.”

Rules 869(3) (b) reads as follows:

“(3) No horseman in any race shall drive:-
(b) carelessly..”

Mr Williams had indicated on the information that this breach of the Rules was admitted and he confirmed this at the hearing. He also agreed he understood the charge and the Rule it was brought under.

Submissions for Decision:

Mr Ray with the assistance of the race video illustrated how Mr Williams driving “My Lifesign” had moved out when not sufficiently clear of “Shantahlia’s Star” causing him to be checked losing all chance in the race. He added other interference was evident as a result of Mr Williams' actions.

Reasons for Decision:

As Mr Williams had admitted this breach of the Rules it was found to be proved.

Submissions for Penalty:

In relation to the penalty Mr Ray advised that Mr Williams had a clear record. He believed the breach was at the upper end of the scale. The Stipendiary Steward's submission was for a fine between $250.00 and $300.00, but raised the possibility of a suspension.

Mr Williams said he thought there was gap on the outside and he looked to go forward. While he believed there were mitigating factors he accepted responsibility for causing interference. He admitted misjudgement but considered the interference to be very minor.

Mr Williams indicated his preference of a fine.

We adjourned to consider the matter of penalty.

Reasons for Penalty:

Taking 6 days or $300.00 as a starting point for penalty, we took into account Mr Williams' admission, his co-operation, frankness and his clear record. We also looked at previous penalties imposed in similar cases. Taking all the above matters into account we imposed a fine of $250.00.

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: 722347ee24e7c262f57603f26f4b7cbc


informantnumber: A4553


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 24/05/2012


hearing_title: Ashburton TC 4 June 2012 - R 6


charge:

Alleged breach of Rule 869(3) (b).


facts:

Following the running of Race 6, the Fulton Hogan Ltd Mobile Pace, an Information was filed by Stipendiary Steward Mr A Ray against Open Horseman Mr K Williams, the driver of “My Lifesign” (15), alleging a breach of Rule 869(3)(b) in that he drove carelessly.

The charge reads as follows:

“I the above named informant allege that the above named Respondent committed a breach of Rule 869(3)(b) (in that) you drove carelessly when shifting ground outwards when not clear of Shantahlias’s Star with that gelding being checked and losing all chance and Revell Yell also having to check.”

Rules 869(3) (b) reads as follows:

“(3) No horseman in any race shall drive:-
(b) carelessly..”

Mr Williams had indicated on the information that this breach of the Rules was admitted and he confirmed this at the hearing. He also agreed he understood the charge and the Rule it was brought under.


appealdecision:


isappeal:


submissionsfordecision:

Mr Ray with the assistance of the race video illustrated how Mr Williams driving “My Lifesign” had moved out when not sufficiently clear of “Shantahlia’s Star” causing him to be checked losing all chance in the race. He added other interference was evident as a result of Mr Williams' actions.


reasonsfordecision:

As Mr Williams had admitted this breach of the Rules it was found to be proved.


Decision:

The charge was found to be proved.


sumissionsforpenalty:

In relation to the penalty Mr Ray advised that Mr Williams had a clear record. He believed the breach was at the upper end of the scale. The Stipendiary Steward's submission was for a fine between $250.00 and $300.00, but raised the possibility of a suspension.

Mr Williams said he thought there was gap on the outside and he looked to go forward. While he believed there were mitigating factors he accepted responsibility for causing interference. He admitted misjudgement but considered the interference to be very minor.

Mr Williams indicated his preference of a fine.

We adjourned to consider the matter of penalty.


reasonsforpenalty:

Taking 6 days or $300.00 as a starting point for penalty, we took into account Mr Williams' admission, his co-operation, frankness and his clear record. We also looked at previous penalties imposed in similar cases. Taking all the above matters into account we imposed a fine of $250.00.


penalty:

Mr Williams was fined the sum of $250.00.


hearing_type: Hearing


Rules: 869(3)(b)


Informant: Mr A Ray - Stipendiary Steward


JockeysandTrainer: Mr K Williams - Open Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: ae13b145e67d33d24a04f13b45afe1fe


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 6


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 9140d7f09f5a125210071c5e917cd49c


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 04/06/2012


meet_title: Ashburton TC - 4 June 2012


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: ashburton-tc


meet_racingtype: harness-racing


meet_chair: JMillar


meet_pm1: JPhelan


meet_pm2: none


name: Ashburton TC