Archive Decision

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Methven TC 4 September 2011 – R 10

ID: JCA14861

Applicant:
Mr NG McIntyre - Stipendiary Steward

Respondent(s):
Miss AJ Laing - Open Horsewoman

Information Number:
69477

Hearing Type:
Hearing

Rules:
869(3)(b)

Plea:
admitted

Meet Title:
Methven TC - 4 September 2011

Meet Chair:
SChing

Meet Committee Member 1:
RMcKenzie

Race Date:
2011/09/04

Race Number:
R 10

Decision:

As Miss Laing had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).

Penalty:

Miss Laing’s Open Horsewoman’s licence was suspended from the completion of racing on 4 September 2011 until after the completion of racing 18 September 2011.

Charge:

Careless driving.

Facts:

Following the running of Race 10, the Papanui Club Mobile Pace, an information was filed by Stipendiary Steward Mr N G McIntyre against Open Horsewoman Miss A J Laing alleging a breach of Rule 869(3)(b) in that she drove carelessly when driving “KC PEDRO”(15).

The charge reads as follows:
I, the above named informant allege that the abovenamed Defendant committed a breach of Rule 869(3)(b) in that you drove carelessly by electing to shift your horse KC PEDRO back to the three wide line when a sufficient gap did not exist and in doing so caused a check to NOTVERYLADYLIKE.

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

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

Miss Laing had indicated on the Information that this breach of the Rules was admitted and she confirmed this at the hearing. Miss Laing also agreed that she understood the charge and the Rule it was brought under.
Mr McIntyre gave evidence and used video coverage to show that inside the 1000m Miss Laing “KC PEDRO”(15)was travelling in a 3 wide position with Mr R T May “STAR OF COURAGE”(3) on her inner. Mr May attempted and succeeded in shifting Miss Laing wider on the track to improve forward in the 3 wide position. Miss Laing then attempted to shift back down into the 3 wide position to get onto the back of Mr May when there was insufficient room to do so and as a result checked “NOTVERYLADYLIKE”(16) driven by Mr B N Orange who had established a position on the back of Mr May. “NOTVERYLADYLIKE” broke briefly.

Miss Laing made no submissions on the evidence presented.

Submissions for Penalty:

Mr McIntyre informed the Committee that Miss Laing, had 81 drives last season and has had 873 lifetime drives. Drives this season so far for Miss Laing were 4 in total. As to her recent record Miss Laing had been suspended from 7 July to 21 July 2011(4 Days) for a breach under this Rule. Mr McIntyre submitted that this breach in his opinion was mid range and that the Committee should take into consideration the fact that a horse had checked and broken. Mr McIntyre also submitted that a suspension of 6 days be imposed.

Miss Laing’s only submission on penalty was that she would prefer a suspension rather than a fine.

Reasons for Penalty:

In determining penalty, the Committee took into account as a mitigating factor Miss Laing’s ready admission of the breach. Aggravating factors the Committee took consideration of were Miss Laing’s previous record with a 4 day suspension having been imposed in July, the level of carelessness being mid range and the fact that a horse had broken due to this incident. We therefore considered that a six day suspension was appropriate in this case.

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: 851d4b15ac6f2faefe2d4793809ca44f


informantnumber: 69477


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 11/09/2011


hearing_title: Methven TC 4 September 2011 - R 10


charge:

Careless driving.


facts:

Following the running of Race 10, the Papanui Club Mobile Pace, an information was filed by Stipendiary Steward Mr N G McIntyre against Open Horsewoman Miss A J Laing alleging a breach of Rule 869(3)(b) in that she drove carelessly when driving “KC PEDRO”(15).

The charge reads as follows:
I, the above named informant allege that the abovenamed Defendant committed a breach of Rule 869(3)(b) in that you drove carelessly by electing to shift your horse KC PEDRO back to the three wide line when a sufficient gap did not exist and in doing so caused a check to NOTVERYLADYLIKE.

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

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

Miss Laing had indicated on the Information that this breach of the Rules was admitted and she confirmed this at the hearing. Miss Laing also agreed that she understood the charge and the Rule it was brought under.
Mr McIntyre gave evidence and used video coverage to show that inside the 1000m Miss Laing “KC PEDRO”(15)was travelling in a 3 wide position with Mr R T May “STAR OF COURAGE”(3) on her inner. Mr May attempted and succeeded in shifting Miss Laing wider on the track to improve forward in the 3 wide position. Miss Laing then attempted to shift back down into the 3 wide position to get onto the back of Mr May when there was insufficient room to do so and as a result checked “NOTVERYLADYLIKE”(16) driven by Mr B N Orange who had established a position on the back of Mr May. “NOTVERYLADYLIKE” broke briefly.

Miss Laing made no submissions on the evidence presented.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Miss Laing had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).


sumissionsforpenalty:

Mr McIntyre informed the Committee that Miss Laing, had 81 drives last season and has had 873 lifetime drives. Drives this season so far for Miss Laing were 4 in total. As to her recent record Miss Laing had been suspended from 7 July to 21 July 2011(4 Days) for a breach under this Rule. Mr McIntyre submitted that this breach in his opinion was mid range and that the Committee should take into consideration the fact that a horse had checked and broken. Mr McIntyre also submitted that a suspension of 6 days be imposed.

Miss Laing’s only submission on penalty was that she would prefer a suspension rather than a fine.


reasonsforpenalty:

In determining penalty, the Committee took into account as a mitigating factor Miss Laing’s ready admission of the breach. Aggravating factors the Committee took consideration of were Miss Laing’s previous record with a 4 day suspension having been imposed in July, the level of carelessness being mid range and the fact that a horse had broken due to this incident. We therefore considered that a six day suspension was appropriate in this case.


penalty:

Miss Laing’s Open Horsewoman’s licence was suspended from the completion of racing on 4 September 2011 until after the completion of racing 18 September 2011.


hearing_type: Hearing


Rules: 869(3)(b)


Informant: Mr NG McIntyre - Stipendiary Steward


JockeysandTrainer: Miss AJ Laing - Open Horsewoman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 8b3554d3f46890d43342caad6d33f954


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 10


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 85ce21e9040204c57c6cff4e9fb02abd


meet_expapproval: approved


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 04/09/2011


meet_title: Methven TC - 4 September 2011


meet_expappcomment:


meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "SChing", "Member": "", "OtherExpenses": "0", "KMs": "178", "Total": "110.36", "kmprice": 110.36, "Approved": "on"}]


meet_otherexp:


tracklocation: methven-tc


meet_racingtype: harness-racing


meet_chair: SChing


meet_pm1: RMcKenzie


meet_pm2: none


name: Methven TC