Wairio TC 22 December 2018 – R 5 – Chair, Prof G Hall
ID: JCA14887
Meet Title:
Wairio TC - 22 December 2018
Meet Chair:
GHall
Meet Committee Member 1:
MConway
Race Date:
2018/12/22
Race Number:
R 5
Decision:
Mr Morrison has admitted the breach, which is found to be proved.
Penalty:
Mr Morrison is fined the sum of $300.
Facts:
An information was filed by Stipendiary Steward, Mr Munro, against Mr Morrison, the driver of ZONED SCARLETT in race 5, the RYAL BUSH TRANSPORT LTD TROT alleging that he drove carelessly passing the 400 metres when allowing his horse to strike the sulky wheel of SOMETHINGS BURNING, which punctured.
Mr Renault, Stipendiary Steward, demonstrated on the videos that near the 400 metres the respondent attempted to take a run to the inside of Ms Barclay (SOMETHINGS BURNING). He struck her sulky wheel and his horse galloped out of the race.
Despite this contact, SOMETHINGS BURNING finished third. The tyre had stayed on the rim and Mr Munro stated that Ms Barclay had said that she did not believe the incident had affected her chances of a higher placing. The margin between second and third was 3 lengths.
Mr Morrison stated that his horse had a long action in front. He said his horse was not travelling that good at the time and he had decided to take the short way home. His horse was wearing a rein pricker and he believed this had not helped.
Mr Cox said he believed Mr Morrison was unlucky in that at the time he decided to go to the inside of Ms Barclay she decided to shift out. He believed she may have eased back a fraction to make her run outside Mr Ferguson.
Submissions for Penalty:
Mr Munro produced the respondent’s record. This evidenced 1076 lifetime drives: 228 this season; and 307 the last. Mr Morrison has had no breach of this rule in the past two seasons and his only previous breach was at trials in November 2016.
Mr Munro submitted a penalty of a fine of $400 was appropriate. He calculated this on the basis of the starting point of $300 in the Penalty Guide, where a driver hits a wheel, uplifted by $100 because the respondent’s horse galloped out of the race.
Mr Morrison reiterated the mitigating factors concerning the pricker and Ms Barclay easing when shifting out.
Reasons for Penalty:
We take into account the respondent’s submission that ZONED SCARLETT has a long action in front. The video of the leg of the horse striking Ms Barclay’s cart is evidence of this. We also note the pricker issue, but believe any easing by Ms Barclay when shifting out was minimal. The obligation upon Mr Morrison was to keep off SOMETHINGS BURNING, which he did not do, and hence the admitted breach.
Mr Morrison has come into contact with the sulky wheel of SOMETHINGS BURNING. The impact upon that horse was that the cart suffered a punctured tyre. Notwithstanding this, SOMETHINGS BURNING finished third, 3 lengths behind the second horse. We accept Ms Barclay’s comment that it is unlikely this affected her chances of finishing in a better position.
We take the $300 starting point in the Penalty Guide. We note this starting point is fact dependent and increase this by $100 for the fact that Mr Morrison’s horse lost its chance in the race due to his carelessness. A discount of $100 is appropriate for Mr Morrison’s excellent record, especially when it is considered that he is a busy South Island junior driver, and his admission of the breach.
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: 88585a2fde01f3a3d3bc17f8529a8d86
informantnumber: A12464
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: admitted
penaltyrequired: 1
decisiondate: 27/12/2018
hearing_title: Wairio TC 22 December 2018 - R 5 - Chair, Prof G Hall
charge:
facts:
An information was filed by Stipendiary Steward, Mr Munro, against Mr Morrison, the driver of ZONED SCARLETT in race 5, the RYAL BUSH TRANSPORT LTD TROT alleging that he drove carelessly passing the 400 metres when allowing his horse to strike the sulky wheel of SOMETHINGS BURNING, which punctured.
Mr Renault, Stipendiary Steward, demonstrated on the videos that near the 400 metres the respondent attempted to take a run to the inside of Ms Barclay (SOMETHINGS BURNING). He struck her sulky wheel and his horse galloped out of the race.
Despite this contact, SOMETHINGS BURNING finished third. The tyre had stayed on the rim and Mr Munro stated that Ms Barclay had said that she did not believe the incident had affected her chances of a higher placing. The margin between second and third was 3 lengths.
Mr Morrison stated that his horse had a long action in front. He said his horse was not travelling that good at the time and he had decided to take the short way home. His horse was wearing a rein pricker and he believed this had not helped.
Mr Cox said he believed Mr Morrison was unlucky in that at the time he decided to go to the inside of Ms Barclay she decided to shift out. He believed she may have eased back a fraction to make her run outside Mr Ferguson.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Morrison has admitted the breach, which is found to be proved.
sumissionsforpenalty:
Mr Munro produced the respondent’s record. This evidenced 1076 lifetime drives: 228 this season; and 307 the last. Mr Morrison has had no breach of this rule in the past two seasons and his only previous breach was at trials in November 2016.
Mr Munro submitted a penalty of a fine of $400 was appropriate. He calculated this on the basis of the starting point of $300 in the Penalty Guide, where a driver hits a wheel, uplifted by $100 because the respondent’s horse galloped out of the race.
Mr Morrison reiterated the mitigating factors concerning the pricker and Ms Barclay easing when shifting out.
reasonsforpenalty:
We take into account the respondent’s submission that ZONED SCARLETT has a long action in front. The video of the leg of the horse striking Ms Barclay’s cart is evidence of this. We also note the pricker issue, but believe any easing by Ms Barclay when shifting out was minimal. The obligation upon Mr Morrison was to keep off SOMETHINGS BURNING, which he did not do, and hence the admitted breach.
Mr Morrison has come into contact with the sulky wheel of SOMETHINGS BURNING. The impact upon that horse was that the cart suffered a punctured tyre. Notwithstanding this, SOMETHINGS BURNING finished third, 3 lengths behind the second horse. We accept Ms Barclay’s comment that it is unlikely this affected her chances of finishing in a better position.
We take the $300 starting point in the Penalty Guide. We note this starting point is fact dependent and increase this by $100 for the fact that Mr Morrison’s horse lost its chance in the race due to his carelessness. A discount of $100 is appropriate for Mr Morrison’s excellent record, especially when it is considered that he is a busy South Island junior driver, and his admission of the breach.
penalty:
Mr Morrison is fined the sum of $300.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr V Munro - Stipendiary Steward
JockeysandTrainer: Mr J Morrision - Junior Driver
Otherperson: Mr J Cox - Driver assisting Mr Morrison, Mr S Renault - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 7a43f7641fa8efe08f9454836fdb4910
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: fd5798f5581a179d50003f604cd6a570
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 22/12/2018
meet_title: Wairio TC - 22 December 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: wairio-tc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: MConway
meet_pm2: none
name: Wairio TC