Archive Decision

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Forbury Park TC 17 October 2019 – R 5 – Chair, Prof G Hall

ID: JCA14831

Applicant:
Mr V Munro - Stipendiary Steward

Respondent(s):
Mr C Jones - Junior Driver

Information Number:
A9841

Hearing Type:
Hearing

New Charge:
Careless Driving

Rules:
869(4)

Plea:
admitted

Meet Title:
Forbury Park TC - 17 October 2019

Meet Chair:
GHall

Race Date:
2019/10/17

Race Number:
R 5

Decision:

As Mr Jones has admitted the breach, it is found to be proved.

Penalty:

Mr Jones is suspended from driving after racing on 24 October up to and including 28 October 2019.

Facts:

Mr Munro alleged that Mr Jones (WITH ICE) breached r 869(4) in race 5, in that near the 1200 metres he shifted inwards when not clear of NEVERNEVERLAND causing that runner to be moved inwards and had to be steadied.

Rule 869(4) states:

No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.

Mr Jones is an experienced junior driver and he indicated he did not want the assistance of a senior horseman.

Mr Munro showed videos of the race in question. He identified Mr Jones racing parked in the trail. He shifted inwards to get on to the back of Ms Tomlinson when not clear of Mr Morrison, who was in the trail and on the pylons but was a length to a length and a half back. Mr Morrison had to take hold and ease back. He was forced into the passing lane and lost his position in the trail. The horses stayed in these positions until Mr Morrison’s horse galloped of its own accord.

Mr Jones said he had nothing to add other than it was a terrible case of misjudgement on his part. He was aware Mr Morrison was there but thought he had more room to shift down than he did. He said he knew it was getting tight but there was no yelling.

Submissions for Penalty:

Mr Munro produced Mr Jones’ record under this rule which showed a previous breach of the rule this season on 11 August when he was fined $200. On that occasion he failed to concede his position, so the circumstances are different to those this evening.

Mr Munro submitted a 3-day suspension was appropriate. Mr Jones concurred.

Reasons for Penalty:

Mr Jones has shifted inwards when not clear of Mr Morrison, who lost his trailing position as a result. Ultimately, Mr Morrison’s horse broke free of interference, so his chances can be seen not to have been unduly affected.

The starting point in the Penalty Guide of a fine of $300 or 6 drives for a second breach is adopted. Mr Jones has been forthright in his admission of the breach. He averages one or two drives a meeting. A three-day suspension is appropriate on this occasion.

Mr Jones requested a deferment until after Oamaru on 24 October. Mr Munro did not object to this.

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: 80d2599a3350718eed270013df2f9c34


informantnumber: A9841


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Driving


plea: admitted


penaltyrequired: 1


decisiondate: 21/10/2019


hearing_title: Forbury Park TC 17 October 2019 - R 5 - Chair, Prof G Hall


charge:


facts:

Mr Munro alleged that Mr Jones (WITH ICE) breached r 869(4) in race 5, in that near the 1200 metres he shifted inwards when not clear of NEVERNEVERLAND causing that runner to be moved inwards and had to be steadied.

Rule 869(4) states:

No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.

Mr Jones is an experienced junior driver and he indicated he did not want the assistance of a senior horseman.

Mr Munro showed videos of the race in question. He identified Mr Jones racing parked in the trail. He shifted inwards to get on to the back of Ms Tomlinson when not clear of Mr Morrison, who was in the trail and on the pylons but was a length to a length and a half back. Mr Morrison had to take hold and ease back. He was forced into the passing lane and lost his position in the trail. The horses stayed in these positions until Mr Morrison’s horse galloped of its own accord.

Mr Jones said he had nothing to add other than it was a terrible case of misjudgement on his part. He was aware Mr Morrison was there but thought he had more room to shift down than he did. He said he knew it was getting tight but there was no yelling.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Jones has admitted the breach, it is found to be proved.


sumissionsforpenalty:

Mr Munro produced Mr Jones’ record under this rule which showed a previous breach of the rule this season on 11 August when he was fined $200. On that occasion he failed to concede his position, so the circumstances are different to those this evening.

Mr Munro submitted a 3-day suspension was appropriate. Mr Jones concurred.


reasonsforpenalty:

Mr Jones has shifted inwards when not clear of Mr Morrison, who lost his trailing position as a result. Ultimately, Mr Morrison’s horse broke free of interference, so his chances can be seen not to have been unduly affected.

The starting point in the Penalty Guide of a fine of $300 or 6 drives for a second breach is adopted. Mr Jones has been forthright in his admission of the breach. He averages one or two drives a meeting. A three-day suspension is appropriate on this occasion.

Mr Jones requested a deferment until after Oamaru on 24 October. Mr Munro did not object to this.


penalty:

Mr Jones is suspended from driving after racing on 24 October up to and including 28 October 2019.


hearing_type: Hearing


Rules: 869(4)


Informant: Mr V Munro - Stipendiary Steward


JockeysandTrainer: Mr C Jones - Junior Driver


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 40d941188224e272e657ee93fb10fc08


race_expapproval:


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race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 5


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meetdate: 17/10/2019


meet_title: Forbury Park TC - 17 October 2019


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tracklocation: forbury-park-tc


meet_racingtype: harness-racing


meet_chair: GHall


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name: Forbury Park TC