Archive Decision

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Methven TC 30 October 2020 – R 9 – Chair, Mr D Anderson

ID: JCA15208

Applicant:
Mr P Williams - Stipendiary Steward

Respondent(s):
Miss S O'Reilly - Junior Driver

Other Person:
Ms S Ottley - Open Driver assisting Miss O'Reilly, Mrs C Tibbs - Stipendiary Steward, Mr S Renault - Stipendiary Steward

Information Number:
A13611

Hearing Type:
Hearing

New Charge:
Careless Driving

Rules:
869(3)(b)

Plea:
denied

Meet Title:
Methven TC - 30 October 2020

Meet Chair:
DAnderson

Race Date:
2020/10/30

Race Number:
R 9

Decision:

The charge was found proved.

Penalty:

Accordingly, Miss O’Reilly’s Junior Licence to drive is suspended from the conclusion of racing on Monday 2 November 2020 up to and including racing on Sunday 8 November 2020.

Meetings encompassed in the suspension are: Rangiora HRC 6 Nov 20 and Invercargill 8 Nov 20.

Facts:

Following the running of Race 9, an Information was filed by Stipendiary Steward Mr P Williams, against Junior Driver Miss S O’Reilly, alleging that “S O’Reilly (Spanna) drove carelessly passing the 150 metres when shifting outwards checking CHAMPAGNEANDWINE.”

Miss O’Reilly confirmed that she understood the rule she was being charged with and confirmed she did not admit the breach.

Rule 869 provides as follows:

(2) No horseman in any race shall drive: -

(b) carelessly

Submissions for Decision:

Mr Williams used the race films with the assistance of Mr Renault to identify Miss O’Reilly (SPANNA) being held up for a run behind SHE’S A DAGG (B Orange) at approximately 200 metres from the finish.

He pointed to Miss O’Reilly shift out when not fully clear of CHAMPAGNEANDWINE (J Morrison) but had an advantage on that horse. He showed THE GO TO MAN (T Chmiel) and FLAMBOYANT (B Laughton) who were to the outside of CHAMPAGNEANDWINE and also had an advantage over that horse.

Mr Williams contended the pressure placed upon Mr Morrison by Miss O’Reilly left him with nowhere to go when THE GO TO MAN ran in forcing FLAMBOYANT into the line of CHAMPAGNEANDWINE.

Mr Williams said it was only by good luck that Mr Morrison stayed in the sulky.

Ms Ottley on Miss O’Reilly's behalf submitted most of the pressure had come from the outside of Mr Morrison. She said Mr Morrison’s horse was only holding its own and the incident hadn’t had an effect on it’s placing in the race. Ms Ottley said SPANNA and Miss O’Reilly were always going to get a run but it was just a racing incident and a check to CHAMPAGNEANDWINE.

Reasons for Decision:

The films show CHAMPAGNEANDWINE being squeezed between runners with significant movement from both sides.

With the advantage of the slow-motion head-on video it was clear to the Committee that Miss O’Reilly has shifted into Mr Morrison’s line first and created a situation where Mr Morrison had to take hold and was left vulnerable to any inward movement from horses to his outside. Such movement happened almost immediately after and the consequences were that Mr Morrison was nearly unseated as his horse was checked.

It was the opinion of the Committee that Miss O’Reilly has instigated the chain of events which resulted in the check to CHAMPAGNEANDWINE, a manoeuvre that on other days may have had no consequences, but not this day.

Submissions for Penalty:

Mr Williams stated Miss O’Reilly has had 79 drives this season and 243 drives last season, all without a breach of this rule.

Mr Williams said Miss O’Reilly has averaged 4 to 5 drives per meeting over the season. He said the Penalty Guide has a 10-drive starting point for a mid-range breach which would be equivalent to 2 days suspension.

Ms Ottley said she believed Miss O’Reilly has been hard done by but made no submissions on Penalty.

Deferment wasn’t a preferable option.

Reasons for Penalty:

The Committee carefully considered all the evidence and submissions presented. The JCA Penalty Guide provides a 10-drive suspension or a $500 fine as a starting point for a mid range breach of the rule.

The aggravating factor is the severe check to CHAMPAGNEANDWINE.

The mitigating factor is Miss O’Reilly’s excellent record.

The Committee in considering all the above factors find a 2-day suspension as an appropriate penalty 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: 76b1526e9851285c505b675298df7d5d


informantnumber: A13611


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Driving


plea: denied


penaltyrequired: 1


decisiondate: 03/11/2020


hearing_title: Methven TC 30 October 2020 - R 9 - Chair, Mr D Anderson


charge:


facts:

Following the running of Race 9, an Information was filed by Stipendiary Steward Mr P Williams, against Junior Driver Miss S O’Reilly, alleging that “S O’Reilly (Spanna) drove carelessly passing the 150 metres when shifting outwards checking CHAMPAGNEANDWINE.”

Miss O’Reilly confirmed that she understood the rule she was being charged with and confirmed she did not admit the breach.

Rule 869 provides as follows:

(2) No horseman in any race shall drive: -

(b) carelessly


appealdecision:


isappeal:


submissionsfordecision:

Mr Williams used the race films with the assistance of Mr Renault to identify Miss O’Reilly (SPANNA) being held up for a run behind SHE’S A DAGG (B Orange) at approximately 200 metres from the finish.

He pointed to Miss O’Reilly shift out when not fully clear of CHAMPAGNEANDWINE (J Morrison) but had an advantage on that horse. He showed THE GO TO MAN (T Chmiel) and FLAMBOYANT (B Laughton) who were to the outside of CHAMPAGNEANDWINE and also had an advantage over that horse.

Mr Williams contended the pressure placed upon Mr Morrison by Miss O’Reilly left him with nowhere to go when THE GO TO MAN ran in forcing FLAMBOYANT into the line of CHAMPAGNEANDWINE.

Mr Williams said it was only by good luck that Mr Morrison stayed in the sulky.

Ms Ottley on Miss O’Reilly's behalf submitted most of the pressure had come from the outside of Mr Morrison. She said Mr Morrison’s horse was only holding its own and the incident hadn’t had an effect on it’s placing in the race. Ms Ottley said SPANNA and Miss O’Reilly were always going to get a run but it was just a racing incident and a check to CHAMPAGNEANDWINE.


reasonsfordecision:

The films show CHAMPAGNEANDWINE being squeezed between runners with significant movement from both sides.

With the advantage of the slow-motion head-on video it was clear to the Committee that Miss O’Reilly has shifted into Mr Morrison’s line first and created a situation where Mr Morrison had to take hold and was left vulnerable to any inward movement from horses to his outside. Such movement happened almost immediately after and the consequences were that Mr Morrison was nearly unseated as his horse was checked.

It was the opinion of the Committee that Miss O’Reilly has instigated the chain of events which resulted in the check to CHAMPAGNEANDWINE, a manoeuvre that on other days may have had no consequences, but not this day.


Decision:

The charge was found proved.


sumissionsforpenalty:

Mr Williams stated Miss O’Reilly has had 79 drives this season and 243 drives last season, all without a breach of this rule.

Mr Williams said Miss O’Reilly has averaged 4 to 5 drives per meeting over the season. He said the Penalty Guide has a 10-drive starting point for a mid-range breach which would be equivalent to 2 days suspension.

Ms Ottley said she believed Miss O’Reilly has been hard done by but made no submissions on Penalty.

Deferment wasn’t a preferable option.


reasonsforpenalty:

The Committee carefully considered all the evidence and submissions presented. The JCA Penalty Guide provides a 10-drive suspension or a $500 fine as a starting point for a mid range breach of the rule.

The aggravating factor is the severe check to CHAMPAGNEANDWINE.

The mitigating factor is Miss O’Reilly’s excellent record.

The Committee in considering all the above factors find a 2-day suspension as an appropriate penalty in this case.


penalty:

Accordingly, Miss O’Reilly’s Junior Licence to drive is suspended from the conclusion of racing on Monday 2 November 2020 up to and including racing on Sunday 8 November 2020.

Meetings encompassed in the suspension are: Rangiora HRC 6 Nov 20 and Invercargill 8 Nov 20.


hearing_type: Hearing


Rules: 869(3)(b)


Informant: Mr P Williams - Stipendiary Steward


JockeysandTrainer: Miss S O'Reilly - Junior Driver


Otherperson: Ms S Ottley - Open Driver assisting Miss O'Reilly, Mrs C Tibbs - Stipendiary Steward, Mr S Renault - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: fa6b8acde30e669c7c27fd006804f88b


race_expapproval:


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race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 9


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meetdate: 30/10/2020


meet_title: Methven TC - 30 October 2020


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meet_racingtype: harness-racing


meet_chair: DAnderson


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name: Methven TC