NZ Metro TC 29 July 2016 – R 3 – Chair, Mr D Jackson
ID: JCA15583
Meet Title:
NZ Metro TC - 29 July 2016
Meet Chair:
DJackson
Meet Committee Member 1:
RMcKenzie
Race Date:
2016/07/29
Race Number:
R 3
Decision:
After viewing the videos and hearing the evidence the breach was found proved.
Penalty:
Mr Cusdin’s Horseman’s Licence is suspended for three days from the completion of racing tonight up to and including the 11th August at Forbury Park, Dunedin. The three days include NZMTC (5th), Kurow TC (7th) and Forbury Park TC (11th).
Facts:
Following the running of race 3, the Avon City Ford Mobile Pace, an information was lodged by Stipendiary Steward, Mr N Ydgren against Mr B Cusdin, alleging a breach of Rule 869 (3) (b), in that Mr Cusdin “…when shifting outwards near the 400m you allowed your runner to make contact with the sulky of Pay Me Way which was punctured.”
Rule 869 (3) (b) reads: “No horseman in any race shall drive: carelessly.”
Mr Cusdin admitted the charge.
Through video evidence Mr Ydgren showed how, at approximately the 400m mark, Mr Cusdin driving EJA PATRON (2) angled EJA PATRON out to improve. He alleged that when shifting outwards Mr Cusdin allowed his horse to strike the wheel of PAY ME WAY (R May). He said that at the moment of impact Mr May looked downwards at his wheel. The sulky tyre of PAY ME WAY deflated and but the horse carried on with its run and ran third.
Both Mr Ydgren and Mr Cusdin agreed that the contact was light or minimal.
Mr Cusdin told the Committee that he did not feel the contact at the time and was unaware of it until approached by Mr Ydgren after the race.
Submissions for Penalty:
Mr Ydgren submitted that the carelessness was at the low end, but did note the consequences for PAY ME WAY which was forced to finish with a deflated tyre. He submitted Mr Cusdin had no relevant or recent breaches and otherwise an infrequent driver (having fifteen drives last season and 18 drives this season to date). In all the circumstances, Mr Ydgren submitted Mr Cusdin be suspended for three to four days noting this was Mr Cusdin’s preference.
Mr Cusdin submitted that this error would be costly for him as he was currently enjoying the support of a couple of licensed trainers and was hopeful for drives in the coming weeks. In particular, he expected to have three drives at the Kurow Trotting Club meeting scheduled for 7 August 2016.
Reasons for Penalty:
After hearing the submissions, the Committee took into account Mr Cusdin’s admission of the breach and that the offence was one of misjudgement. Given his admission, his lack of relevant or recent breaches and low level of carelessness a three day suspension is imposed.
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: b7135e0f73133398a347d4c2d94ef3da
informantnumber: A8303
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless driving
plea: admitted
penaltyrequired: 1
decisiondate: 01/08/2016
hearing_title: NZ Metro TC 29 July 2016 - R 3 - Chair, Mr D Jackson
charge:
facts:
Following the running of race 3, the Avon City Ford Mobile Pace, an information was lodged by Stipendiary Steward, Mr N Ydgren against Mr B Cusdin, alleging a breach of Rule 869 (3) (b), in that Mr Cusdin “…when shifting outwards near the 400m you allowed your runner to make contact with the sulky of Pay Me Way which was punctured.”
Rule 869 (3) (b) reads: “No horseman in any race shall drive: carelessly.”
Mr Cusdin admitted the charge.
Through video evidence Mr Ydgren showed how, at approximately the 400m mark, Mr Cusdin driving EJA PATRON (2) angled EJA PATRON out to improve. He alleged that when shifting outwards Mr Cusdin allowed his horse to strike the wheel of PAY ME WAY (R May). He said that at the moment of impact Mr May looked downwards at his wheel. The sulky tyre of PAY ME WAY deflated and but the horse carried on with its run and ran third.
Both Mr Ydgren and Mr Cusdin agreed that the contact was light or minimal.
Mr Cusdin told the Committee that he did not feel the contact at the time and was unaware of it until approached by Mr Ydgren after the race.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
After viewing the videos and hearing the evidence the breach was found proved.
sumissionsforpenalty:
Mr Ydgren submitted that the carelessness was at the low end, but did note the consequences for PAY ME WAY which was forced to finish with a deflated tyre. He submitted Mr Cusdin had no relevant or recent breaches and otherwise an infrequent driver (having fifteen drives last season and 18 drives this season to date). In all the circumstances, Mr Ydgren submitted Mr Cusdin be suspended for three to four days noting this was Mr Cusdin’s preference.
Mr Cusdin submitted that this error would be costly for him as he was currently enjoying the support of a couple of licensed trainers and was hopeful for drives in the coming weeks. In particular, he expected to have three drives at the Kurow Trotting Club meeting scheduled for 7 August 2016.
reasonsforpenalty:
After hearing the submissions, the Committee took into account Mr Cusdin’s admission of the breach and that the offence was one of misjudgement. Given his admission, his lack of relevant or recent breaches and low level of carelessness a three day suspension is imposed.
penalty:
Mr Cusdin’s Horseman’s Licence is suspended for three days from the completion of racing tonight up to and including the 11th August at Forbury Park, Dunedin. The three days include NZMTC (5th), Kurow TC (7th) and Forbury Park TC (11th).
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr N Ydgren - Stipendiary Steward
JockeysandTrainer: Mr B Cusdin - Licensed Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: aefa4567cc8b5e68a7d03aacd7754fa4
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: d2ff146b1660cc69cb9cc9355706c16f
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 29/07/2016
meet_title: NZ Metro TC - 29 July 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: DJackson
meet_pm1: RMcKenzie
meet_pm2: none
name: NZ Metro TC