Marlborough HRC 21 June 2015 – R 4
ID: JCA15425
Meet Title:
Marlborough HRC - 21 June 2015
Meet Chair:
SChing
Meet Committee Member 1:
PWilliams
Race Date:
2015/06/21
Race Number:
R4
Decision:
The charge was found to be proved.
Penalty:
Accordingly Mr Prendergast was fined the sum of $300.
Facts:
Following the running of Race 4, the T & D Construction Maiden Mobile Pace, an information was filed by Co-Chief Stipendiary Steward Mr N McIntyre against Open Horseman Mr M Prendergast, alleging a breach of Rule 869(3) (b) in that he drove carelessly when driving MILLWOOD CHARITY by striking the sulky wheel of MILLWOOD LANOCH near the 150m.
Mr Prendergast had indicated on the Information that this breach of the Rules was not admitted and that he understood the Rule he was being charged with.
Rule 869(3)(b) reads as follows:
“(3) No horseman in any race shall drive:-
(b) carelessly:-
Submissions for Decision:
Mr McIntyre gave evidence and used video coverage to show that near the 150m Mr Prendergast, driving MILLWOOD CHARITY, was in the trail of MILLWOOD LANOCH, driven by Mr B Orange. Mr McIntyre said that Mr Prendergast, after being denied a clear run in the early stages of the straight, attempted to shift out from behind Mr Orange to improve forward and in doing so the near fore leg of MILLWOOD CHARITY struck the sulky wheel of MILLWOOD LANOCH. Mr McIntyre showed head on and side on views of the incident and pointed out the alleged contact to the Committee. He said MILLWOOD CHARITY paced roughly for a couple of strides but was able to balance up again without breaking. He said this was just an error of judgement by Mr Prendergast as he did not allow enough room to clear Mr Orange.
Mr Prendergast stated that his horse went to hang in when he went to improve past Mr Orange which he said could have contributed to the incident. He also stated he did not think contact was made by the fore leg of MILLWOOD CHARITY on to the sulky wheel of MILLWOOD LANOCH as he believed he would have heard it if it had happened.
Reasons for Decision:
We carefully considered the evidence and video films produced at the hearing. The Committee was satisfied that MILLWOOD CHARITY had moved from behind MILLWOOD LANOCH to improve near the 150m when the horse paced roughly for a couple of strides. The films of this incident were clear and we were satisfied that the near fore leg of MILLWOOD CHARITY did strike the sulky wheel of MILLWOOD LANOCH near the 150m. We were also satisfied that Mr Prendergast had made an error of judgement when shifting out from behind MILLWOOD LARNOCH and striking the sulky wheel of that horse. We therefore found the charge of careless driving proved.
Submissions for Penalty:
Mr McIntyre informed the Committee that the consequential effects of this breach were low and the degree of carelessness was mid to low. Mr McIntyre said that Mr Prendergast had driven on 31 occasions so far this season and had a clear record in regard to this rule but had been warned on 2 occasions recently. Mr McIntyre stated that the JCA Penalty Guide suggested a starting point of 10 drives or a fine of $500 for a breach of this Rule. Mr McIntyre submitted that a fine of between $250 and $300 be considered as penalty in this case.
Mr Prendergast, after a lengthy discussion about penalty, submitted that he would prefer a fine on this occasion. He also said that a fine of $250 was steep in his opinion.
Reasons for Penalty:
In determining penalty, the Committee took into account Mr Prendergast’s good record as a mitigating factor. We also took into account the degree of carelessness as being mid to low and consequences as low. The JCA Penalty Guide suggests a starting point of 10 drives or a $500 for a breach of this Rule and after taking all factors into consideration the Committee decided that a fine was an appropriate penalty in this case. In taking the JCA starting point of $500 we were able to give Mr Prendergast a discount of $100 for his good driving record and a further discount of $100 for the mid to low level of carelessness and low level of consequences of the breach. We therefore decided that a fine of $300 was an appropriate penalty.
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: 91de93ab3e3c191e45841a7141ed577d
informantnumber: A6197
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless driving
plea: denied
penaltyrequired: 1
decisiondate: 24/06/2015
hearing_title: Marlborough HRC 21 June 2015 - R 4
charge:
facts:
Following the running of Race 4, the T & D Construction Maiden Mobile Pace, an information was filed by Co-Chief Stipendiary Steward Mr N McIntyre against Open Horseman Mr M Prendergast, alleging a breach of Rule 869(3) (b) in that he drove carelessly when driving MILLWOOD CHARITY by striking the sulky wheel of MILLWOOD LANOCH near the 150m.
Mr Prendergast had indicated on the Information that this breach of the Rules was not admitted and that he understood the Rule he was being charged with.
Rule 869(3)(b) reads as follows:
“(3) No horseman in any race shall drive:-
(b) carelessly:-
appealdecision:
isappeal:
submissionsfordecision:
Mr McIntyre gave evidence and used video coverage to show that near the 150m Mr Prendergast, driving MILLWOOD CHARITY, was in the trail of MILLWOOD LANOCH, driven by Mr B Orange. Mr McIntyre said that Mr Prendergast, after being denied a clear run in the early stages of the straight, attempted to shift out from behind Mr Orange to improve forward and in doing so the near fore leg of MILLWOOD CHARITY struck the sulky wheel of MILLWOOD LANOCH. Mr McIntyre showed head on and side on views of the incident and pointed out the alleged contact to the Committee. He said MILLWOOD CHARITY paced roughly for a couple of strides but was able to balance up again without breaking. He said this was just an error of judgement by Mr Prendergast as he did not allow enough room to clear Mr Orange.
Mr Prendergast stated that his horse went to hang in when he went to improve past Mr Orange which he said could have contributed to the incident. He also stated he did not think contact was made by the fore leg of MILLWOOD CHARITY on to the sulky wheel of MILLWOOD LANOCH as he believed he would have heard it if it had happened.
reasonsfordecision:
We carefully considered the evidence and video films produced at the hearing. The Committee was satisfied that MILLWOOD CHARITY had moved from behind MILLWOOD LANOCH to improve near the 150m when the horse paced roughly for a couple of strides. The films of this incident were clear and we were satisfied that the near fore leg of MILLWOOD CHARITY did strike the sulky wheel of MILLWOOD LANOCH near the 150m. We were also satisfied that Mr Prendergast had made an error of judgement when shifting out from behind MILLWOOD LARNOCH and striking the sulky wheel of that horse. We therefore found the charge of careless driving proved.
Decision:
The charge was found to be proved.
sumissionsforpenalty:
Mr McIntyre informed the Committee that the consequential effects of this breach were low and the degree of carelessness was mid to low. Mr McIntyre said that Mr Prendergast had driven on 31 occasions so far this season and had a clear record in regard to this rule but had been warned on 2 occasions recently. Mr McIntyre stated that the JCA Penalty Guide suggested a starting point of 10 drives or a fine of $500 for a breach of this Rule. Mr McIntyre submitted that a fine of between $250 and $300 be considered as penalty in this case.
Mr Prendergast, after a lengthy discussion about penalty, submitted that he would prefer a fine on this occasion. He also said that a fine of $250 was steep in his opinion.
reasonsforpenalty:
In determining penalty, the Committee took into account Mr Prendergast’s good record as a mitigating factor. We also took into account the degree of carelessness as being mid to low and consequences as low. The JCA Penalty Guide suggests a starting point of 10 drives or a $500 for a breach of this Rule and after taking all factors into consideration the Committee decided that a fine was an appropriate penalty in this case. In taking the JCA starting point of $500 we were able to give Mr Prendergast a discount of $100 for his good driving record and a further discount of $100 for the mid to low level of carelessness and low level of consequences of the breach. We therefore decided that a fine of $300 was an appropriate penalty.
penalty:
Accordingly Mr Prendergast was fined the sum of $300.
hearing_type: Hearing
Rules: 869 (3) (b)
Informant: N McIntyre-Co Chief Stipendiary Steward
JockeysandTrainer: M Prendergast-Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: f459b28624ac12739469f2f8059f6a75
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: ccfa01d3543ff8cd6ece518c09d33a6b
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 21/06/2015
meet_title: Marlborough HRC - 21 June 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: marlborough-hrc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: PWilliams
meet_pm2: none
name: Marlborough HRC