Archive Decision

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Forbury Park TC 8 November 2013 – R 6

ID: JCA15056

Applicant:
Mr N Ydgren - Stipendiary Steward

Respondent(s):
Mr Soal - Licensed Open Horseman

Information Number:
A6108

Hearing Type:
Hearing

New Charge:
Careless driving

Rules:
869(3)(b)

Plea:
admitted

Meet Title:
Forbury Park TC - 8 November 2013

Meet Chair:
GHall

Meet Committee Member 1:
DSteel

Race Date:
2013/11/08

Race Number:
R 6

Decision:

Mr Soal admitted the breach. We thus find the breach proved.

Penalty:

Having regard to Mr Soal’s very good record and his admission of the breach, we impose a suspension of 3 local meetings and a fine of $150. Mr Soal is suspended from the end of racing today up to and including 24 November. This encompasses Ashburton on the 14th, Forbury Park on the 21st, and Banks Peninsula on the 24th.

Facts:

Mr Ydgren alleged that Mr Soal drove carelessly near the 450 metres in race 6, the DON CUTTANCE MEMORIAL PACE, when shifting outwards checking CAESAR’S GAMBLE (Mr Cox) and ROCK OF TARA (Mr Williamson).

Mr Ydgren demonstrated on the videos that Mr Soal was racing 3 back on the inner trailing Mr Butt with Mr Williamson to the outside of Mr Cox, who in turn was trailing Mr Soal. Mr Cox then improved to the outside of Mr Soal, who shifted outwards on the track and came into contact with CAESAR’S GAMBLE, which blundered, then galloped and lost its chance. The chances of ROCK OF TARA were also affected by this incident.

Mr Soal said he had thought at the time there was a gap for him to take but he now realised this was not the case. He was not aware that Mr Cox was there. He accepted his cart had come into contact with a front leg of Mr Cox’s horse.

Submissions for Penalty:

Mr Ydgren produced Mr Soal’s record. This showed he had had 1140 life-time drives but in the last 2 seasons he had had only 2 drives each season and this was his second drive this season. Mr Soal’s record was clear under this Rule.

Mr Ydgren submitted that a suspension was appropriate and he emphasised that the starting point in the Penalty Guide was 8 drives.

Mr Soal believed a fine was appropriate.

Reasons for Penalty:

The breach is mid range. The chances of 2 horses were extinguished at a crucial time in the race when they were progressing into the finish.

We were concerned that due to the fact Mr Soal only drove very infrequently a period of suspension would need to be extensive to be effective. After consultation with Mr Ydgren and Mr Soal, we indicated that it was our belief that a combined penalty was appropriate in this instance.

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: a05cb7bf193ef2402b3bc8b61ae5c1eb


informantnumber: A6108


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless driving


plea: admitted


penaltyrequired: 1


decisiondate: 06/11/2013


hearing_title: Forbury Park TC 8 November 2013 - R 6


charge:


facts:

Mr Ydgren alleged that Mr Soal drove carelessly near the 450 metres in race 6, the DON CUTTANCE MEMORIAL PACE, when shifting outwards checking CAESAR’S GAMBLE (Mr Cox) and ROCK OF TARA (Mr Williamson).

Mr Ydgren demonstrated on the videos that Mr Soal was racing 3 back on the inner trailing Mr Butt with Mr Williamson to the outside of Mr Cox, who in turn was trailing Mr Soal. Mr Cox then improved to the outside of Mr Soal, who shifted outwards on the track and came into contact with CAESAR’S GAMBLE, which blundered, then galloped and lost its chance. The chances of ROCK OF TARA were also affected by this incident.

Mr Soal said he had thought at the time there was a gap for him to take but he now realised this was not the case. He was not aware that Mr Cox was there. He accepted his cart had come into contact with a front leg of Mr Cox’s horse.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr Soal admitted the breach. We thus find the breach proved.


sumissionsforpenalty:

Mr Ydgren produced Mr Soal’s record. This showed he had had 1140 life-time drives but in the last 2 seasons he had had only 2 drives each season and this was his second drive this season. Mr Soal’s record was clear under this Rule.

Mr Ydgren submitted that a suspension was appropriate and he emphasised that the starting point in the Penalty Guide was 8 drives.

Mr Soal believed a fine was appropriate.


reasonsforpenalty:

The breach is mid range. The chances of 2 horses were extinguished at a crucial time in the race when they were progressing into the finish.

We were concerned that due to the fact Mr Soal only drove very infrequently a period of suspension would need to be extensive to be effective. After consultation with Mr Ydgren and Mr Soal, we indicated that it was our belief that a combined penalty was appropriate in this instance.


penalty:

Having regard to Mr Soal’s very good record and his admission of the breach, we impose a suspension of 3 local meetings and a fine of $150. Mr Soal is suspended from the end of racing today up to and including 24 November. This encompasses Ashburton on the 14th, Forbury Park on the 21st, and Banks Peninsula on the 24th.


hearing_type: Hearing


Rules: 869(3)(b)


Informant: Mr N Ydgren - Stipendiary Steward


JockeysandTrainer: Mr Soal - Licensed Open Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 2a9f5273db4b95c38492e44c2768578e


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: 28212f5d7b4f2909bdfc5f4d2442fef8


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 08/11/2013


meet_title: Forbury Park TC - 8 November 2013


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: forbury-park-tc


meet_racingtype: harness-racing


meet_chair: GHall


meet_pm1: DSteel


meet_pm2: none


name: Forbury Park TC