Geraldine TC 23 November 2019 – R 1 – Chair, Mr R McKenzie
ID: JCA15408
Meet Title:
Geraldine TC - 23 November 2019
Meet Chair:
RMcKenzie
Meet Committee Member 1:
HWeston
Race Date:
2019/11/23
Race Number:
R1
Decision:
Mr Smith having admitted the breach, the charge was found proved.
Penalty:
Mr Smith is fined the sum of $200.
Facts:
Information No. A9028 was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Driver, Mr G D Smith, alleging that Mr Smith had “arrived late on course breaking his driving engagement on MUSCULATURE METRO” in Race 1, Sims Bakery Trot.
Mr Smith had signed the Statement by the Respondent on the information form indicating that he admitted the charge. He confirmed this at the hearing, at which he was present.
Rule 507 provides as follows:
(2) No horseman shall break an engagement to drive a horse.
Mr Renault told the Committee that Mr Smith had phoned him at approximately 11.47am this morning to advise he was still on the way to the course and it was possible he would not arrive in time for his drive on MUSCULATURE METRO in Race 1. The start time of Race 1 was 12.02pm. He advised that he had also phoned the trainer, Mr Harrington.
The other horse had gone onto the track so Mr Smith was replaced on MUSCULATURE METRO by Mr B N Orange.
Mr Smith said that he arrived on course 9 minutes before start time. He accepted that it was not fair and that is why he had phoned. He accepted full blame for being late. He only had one runner at the meeting and had a shoeing problem with that horse just prior to loading it at home, he said. He fixed the problem at home rather than bringing it on a wasted trip to the track if the problem could not be fixed. He phoned when it became apparent that he was not going to make it in time for the drive in Race 1.
Submissions for Penalty:
Mr Smith has a previous breach on 16 February 2019 which was outside the reset period – fined $225 at Oamaru. The Penalty Guide suggests a starting point of a 4-drives suspension or a $200 fine. Stewards were seeking a fine in the vicinity of that starting point, Mr Renault said.
He said that there may have been punters affected but this was mitigated by Mr Orange being able to take the drive.
Mr Smith said he wished the Committee to consider a fine rather than a term of suspension.
Reasons for Penalty:
Mr Smith has a clear record under the rule and he made a very frank admission of the breach. The Committee decided that a fine in the amount of the Penalty Guide starting point was 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: 8f1a6cae6bdf052a973b2229730f2975
informantnumber: A9028
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breaking Driving Engagement
plea: admitted
penaltyrequired: 1
decisiondate: 27/11/2019
hearing_title: Geraldine TC 23 November 2019 - R 1 - Chair, Mr R McKenzie
charge:
facts:
Information No. A9028 was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Driver, Mr G D Smith, alleging that Mr Smith had “arrived late on course breaking his driving engagement on MUSCULATURE METRO” in Race 1, Sims Bakery Trot.
Mr Smith had signed the Statement by the Respondent on the information form indicating that he admitted the charge. He confirmed this at the hearing, at which he was present.
Rule 507 provides as follows:
(2) No horseman shall break an engagement to drive a horse.
Mr Renault told the Committee that Mr Smith had phoned him at approximately 11.47am this morning to advise he was still on the way to the course and it was possible he would not arrive in time for his drive on MUSCULATURE METRO in Race 1. The start time of Race 1 was 12.02pm. He advised that he had also phoned the trainer, Mr Harrington.
The other horse had gone onto the track so Mr Smith was replaced on MUSCULATURE METRO by Mr B N Orange.
Mr Smith said that he arrived on course 9 minutes before start time. He accepted that it was not fair and that is why he had phoned. He accepted full blame for being late. He only had one runner at the meeting and had a shoeing problem with that horse just prior to loading it at home, he said. He fixed the problem at home rather than bringing it on a wasted trip to the track if the problem could not be fixed. He phoned when it became apparent that he was not going to make it in time for the drive in Race 1.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Smith having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Smith has a previous breach on 16 February 2019 which was outside the reset period – fined $225 at Oamaru. The Penalty Guide suggests a starting point of a 4-drives suspension or a $200 fine. Stewards were seeking a fine in the vicinity of that starting point, Mr Renault said.
He said that there may have been punters affected but this was mitigated by Mr Orange being able to take the drive.
Mr Smith said he wished the Committee to consider a fine rather than a term of suspension.
reasonsforpenalty:
Mr Smith has a clear record under the rule and he made a very frank admission of the breach. The Committee decided that a fine in the amount of the Penalty Guide starting point was appropriate.
penalty:
Mr Smith is fined the sum of $200.
hearing_type: Hearing
Rules: 507(1)
Informant: Mr S P Renault - Stipendiary Steward
JockeysandTrainer: G D Smith, Licensed Open Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: a98edf043e52d87c2ece93de42ca98a8
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 8833734dabe81f001435b3ceddf65fef
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 23/11/2019
meet_title: Geraldine TC - 23 November 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: geraldine-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: HWeston
meet_pm2: none
name: Geraldine TC