Kumeu TC 15 November 2013 – R 5
ID: JCA15060
Meet Title:
Kumeu TC - 15 November 2013
Meet Chair:
BScott
Meet Committee Member 1:
GJones
Race Date:
2013/11/15
Race Number:
R5
Decision:
The Charge is admitted and accordingly is proved.
Penalty:
The Committee impose a fine of $250.00 on Mr Abernethy.
Facts:
Following the running of the Horselands Kumeu Grain Mobile Pace an Information was lodged by Stipendiary Steward Mr JM Muirhead against Licensed Junior Horseman Mr S Abernethy alleging that Mr Abernethy drove THAIAKNOT carelessly by striking the wheel of INEEDANORVIC when attempting to ease down on that runner's back with 1700 metres to run.
Mr Abernethy was present and advised the Committee that he admitted the charge. Mr Abernethy was assisted by Senior Horseman Mr S Phelan.
Mr Muirhead demonstrated the incident by use of the video films and showed that approaching the 1700 metres mark Mr Abernethy moved up towards INEEDANORVIC (Driver Ms A Donnelly) and when that runner moved forwards he attempted to ease back in behind it but in doing so he struck its sulky wheel and his horse broke.
Mr Phelan said that at the time Ms Donnelly had chased her horse up and when Mr Abernethy attempted to ease down behind her she then took hold of her horse. He said that this contributed to the incident.
Submissions for Penalty:
Mr Muirhead referred to the JCA Guidelines which provide for a starting point penalty of a fine of $400.00 or suspension of Licence for 8 Drives. He said that this was not a major incident but he did point out that Mr Abernethy had a previous charge under this Rule (although a different section) on the 5th of March 2013.
He submitted that a fine of $200 to $300 was appropriate.
Mr Phelan asked the Committee to ignore the earlier charge referred to by Mr Muirhead but did agree that this was not a major incident and pointed out that no other horses were affected. He submitted that a fine of $200 was appropriate.
Reasons for Penalty:
The Committee listened to the evidence and submissions and we have viewed the Race Films several times. They clearly show Mr Abernethy trying to ease down behind INEEDANORVIC and striking the sulky wheel of that horse. Mr Abernethy was clearly careless.
He has however admitted the breach (although in the Committee's view he had no option) but in mitigation he has not affected any other horse. The Owner of his horse was affected however. He is a Junior Horseman and we accept that this incident is at the lower end of the scale of seriousness. He did however have a careless driving charge in March and he needs to be aware of this.
Taking the aggravating and mitigating factors into account the Committee believes that a fine of $250.00 is appropriate.
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: a17e0057a0a00a29d48125f35ce0788c
informantnumber: A3826
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: admitted
penaltyrequired: 1
decisiondate: 06/11/2013
hearing_title: Kumeu TC 15 November 2013 - R 5
charge:
facts:
Following the running of the Horselands Kumeu Grain Mobile Pace an Information was lodged by Stipendiary Steward Mr JM Muirhead against Licensed Junior Horseman Mr S Abernethy alleging that Mr Abernethy drove THAIAKNOT carelessly by striking the wheel of INEEDANORVIC when attempting to ease down on that runner's back with 1700 metres to run.
Mr Abernethy was present and advised the Committee that he admitted the charge. Mr Abernethy was assisted by Senior Horseman Mr S Phelan.
Mr Muirhead demonstrated the incident by use of the video films and showed that approaching the 1700 metres mark Mr Abernethy moved up towards INEEDANORVIC (Driver Ms A Donnelly) and when that runner moved forwards he attempted to ease back in behind it but in doing so he struck its sulky wheel and his horse broke.
Mr Phelan said that at the time Ms Donnelly had chased her horse up and when Mr Abernethy attempted to ease down behind her she then took hold of her horse. He said that this contributed to the incident.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The Charge is admitted and accordingly is proved.
sumissionsforpenalty:
Mr Muirhead referred to the JCA Guidelines which provide for a starting point penalty of a fine of $400.00 or suspension of Licence for 8 Drives. He said that this was not a major incident but he did point out that Mr Abernethy had a previous charge under this Rule (although a different section) on the 5th of March 2013.
He submitted that a fine of $200 to $300 was appropriate.
Mr Phelan asked the Committee to ignore the earlier charge referred to by Mr Muirhead but did agree that this was not a major incident and pointed out that no other horses were affected. He submitted that a fine of $200 was appropriate.
reasonsforpenalty:
The Committee listened to the evidence and submissions and we have viewed the Race Films several times. They clearly show Mr Abernethy trying to ease down behind INEEDANORVIC and striking the sulky wheel of that horse. Mr Abernethy was clearly careless.
He has however admitted the breach (although in the Committee's view he had no option) but in mitigation he has not affected any other horse. The Owner of his horse was affected however. He is a Junior Horseman and we accept that this incident is at the lower end of the scale of seriousness. He did however have a careless driving charge in March and he needs to be aware of this.
Taking the aggravating and mitigating factors into account the Committee believes that a fine of $250.00 is appropriate.
penalty:
The Committee impose a fine of $250.00 on Mr Abernethy.
hearing_type: Hearing
Rules: Rule 869(3)(b)
Informant: Mr J M Muirhead - Stipendiary Steward
JockeysandTrainer: Mr S Abernethy - Licensed Junior Horseman
Otherperson: Mr S Phelan - Senior Horseman assisting Mr S Abernethy
PersonPresent:
Respondent:
StipendSteward:
raceid: ed60ff43a643429b6fba60f132552a99
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 8b9a4cda059b9d71acd75020ae8ae20a
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 15/11/2013
meet_title: Kumeu TC - 15 November 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: kumeu-tc
meet_racingtype: harness-racing
meet_chair: BScott
meet_pm1: GJones
meet_pm2: none
name: Kumeu TC