NZ Metropolitan TC 4 February 2021 – R 1 – Chair, Mr R McKenzie
ID: JCA15690
Meet Title:
NZ Metro TC - 4 February 2021
Meet Chair:
RMcKenzie
Race Date:
2021/02/04
Race Number:
R1
Decision:
The charge was found proved.
Penalty:
Mr White’s Advanced Amateur Driver’s licence is suspended from after the conclusion of racing today up to and including 4 April 2021 – 2 months. In addition, Mr White is fined the sum of $300.
Facts:
Following the running of Race 1, Hydroflow (Amateur Drivers) Mobile Pace, an Information was filed by Stipendiary Steward, Mr SP Renault, against Licensed Advanced Amateur driver, Mr BG White, alleging that, as the driver of TO RI CAITLIN in the race, he drove carelessly in that “on the first bend he made contact with the sulky wheel of JENNANELLA (AL Fitzgerald) which punctured and caused that horse to be retired”.
Mr White had signed the Statement by the Respondent on the Information form indicating that he denied the breach and he confirmed this at the hearing, at which he was present.
Rule 869 provides as follows:
(3) No driver shall in any race drive:-
(b) carelessly
Submissions for Decision:
Mr Renault showed a video replay of the first 400 metres of the race – a 2600 metres mobile start. He pointed out the two runners – TO RI CAITLIN, driven by Mr White, which had drawn barrier position 8 and JENABELLA (AL Fitzgerald), drawn outside it in barrier position 9.
Both runners were restrained towards the rear as the start was made, Mr Renault said. Mr Fitzgerald crossed over in front of Mr White who, at that stage, was racing last. Mr White then took a hold of his horse and lost ground off the back of the horse in front, SENORITA MARGARITA (J Buckland-Stevens). Mr Fitzgerald, coming down the track, attempted to ease Mr White down which, Mr Renault said, he was entitled to do. However, Mr White took a hold of his horse but did not allow sufficient room and made contact with the wheel of Mr Fitzgerald’s sulky. Stewards had no issue with the move from Mr Fitzgerald – it was done in a slow and gradual manner and there was plenty of time for Mr White to take a hold of his runner. Mr White had made an error of judgement, Mr Renault alleged. In attempting to get onto the back of Mr Fitzgerald, he made contact with Mr Fitzgerald’s wheel causing the tyre to come off the rim and wrap around the axle, forcing Mr Fitzgerald to retire his horse from the race.
Stewards were alleging that Mr White had driven carelessly in that, when he did try to concede his position, he struck the wheel of Mr Fitzgerald, Mr Renault said.
Mr White said that he did not believe that he had been careless. He had been in “total control” and had seen Mr Fitzgerald to his outside. He knew that Mr Fitzgerald was entitled to come across and he had taken a hold. He submitted that Mr Fitzgerald had hit him rather than the other way around. He had been pulling back to let Mr Fitzgerald in to keep his own horse out of trouble and balanced. He was unable to pull back quickly enough, he said. He did not accept total blame for the incident.
Mr Renault asked Mr White to confirm that Mr Fitzgerald had the right to come down when he did. He accepted that he had could have gone down to the inside, but he wanted to stay on the back of the runner in front in the one-out line. He opted to ease back, he said.
In summation, Mr Renault said that Mr Fitzgerald was entitled to ease Mr White down. He had the advantage over Mr White and his movement was made in a slow and gradual manner. In fact, Mr Fitzgerald could not have done anything else, he said. Unfortunately, Mr White had made an error of judgement. He should have gone down to the inside instead of attempting to stay in his position. Had he done so then, shortly afterwards, he would have been able to regain the back of Mr Fitzgerald. In pulling back, he has allowed his horse to strike the wheel.
Mr White added that he done everything he could to pull back and Mr Fitzgerald had run into him. He submitted that there was an element of doubt and the incident was not entirely his fault.
Reasons for Decision:
Mr Fitzgerald was entitled to ease Mr White down at the relevant point of the race. He had an advantage over Mr White, and his inwards movement was slow and gradual as required. Mr White accepted that Mr Fitzgerald was entitled to ease him down and, in fact, was easing back to allow Mr Fitzgerald in. Mr White was right in easing his runner back. However, he misjudged that movement and did not allow Mr Fitzgerald sufficient room to cross him. Another stride, and it is likely that the interference to JENNABELLA would have been avoided. It was low-end carelessness, but the consequences were towards the high end, as the favourite was put out of the race.
Submissions for Penalty:
Mr Renault said that Mr White has a clear record. He has had four drives this season and had the same number of drives last season.
He referred to the Penalty Guide starting point of a 10-drives suspension or a $500 fine. A suspension was called for in this instance, having regard to the consequences of Mr White’s carelessness. JENNABELLA had been favourite for the race and its chances were extinguished, he said. He submitted that a period of suspension coupled with a fine would be appropriate in this case.
Mr White said that he would accept such a penalty if the Committee decided on it. He was only a “poor farrier”, he said.
Reasons for Penalty:
It has been said many times before that it is difficult to arrive at a penalty, in many instances, in the case of an amateur driver, particularly in a case in which a suspension is the appropriate penalty. This case is no exception. The Penalty Guide is only helpful to a point.
The Committee could not contemplate a term of suspension of, perhaps, 12 months if the Penalty Guide were strictly adhered to. Therefore, a combined penalty, as submitted by Mr Renault, makes more sense.
Taking into account the aggravating factor of the consequences of Mr White’s carelessness and the mitigating factor of his previous good record (he had not previously received a suspension, he said) the Committee has decided on a 2 month suspension, based roughly on 4 drives, plus a fine of $300, based roughly on 6 drives.
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: c3b3c0b6892bc6fea317babbdb04fea6
informantnumber: A13642
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: denied
penaltyrequired: 1
decisiondate: 08/02/2021
hearing_title: NZ Metropolitan TC 4 February 2021 - R 1 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 1, Hydroflow (Amateur Drivers) Mobile Pace, an Information was filed by Stipendiary Steward, Mr SP Renault, against Licensed Advanced Amateur driver, Mr BG White, alleging that, as the driver of TO RI CAITLIN in the race, he drove carelessly in that “on the first bend he made contact with the sulky wheel of JENNANELLA (AL Fitzgerald) which punctured and caused that horse to be retired”.
Mr White had signed the Statement by the Respondent on the Information form indicating that he denied the breach and he confirmed this at the hearing, at which he was present.
Rule 869 provides as follows:
(3) No driver shall in any race drive:-
(b) carelessly
appealdecision:
isappeal:
submissionsfordecision:
Mr Renault showed a video replay of the first 400 metres of the race – a 2600 metres mobile start. He pointed out the two runners – TO RI CAITLIN, driven by Mr White, which had drawn barrier position 8 and JENABELLA (AL Fitzgerald), drawn outside it in barrier position 9.
Both runners were restrained towards the rear as the start was made, Mr Renault said. Mr Fitzgerald crossed over in front of Mr White who, at that stage, was racing last. Mr White then took a hold of his horse and lost ground off the back of the horse in front, SENORITA MARGARITA (J Buckland-Stevens). Mr Fitzgerald, coming down the track, attempted to ease Mr White down which, Mr Renault said, he was entitled to do. However, Mr White took a hold of his horse but did not allow sufficient room and made contact with the wheel of Mr Fitzgerald’s sulky. Stewards had no issue with the move from Mr Fitzgerald – it was done in a slow and gradual manner and there was plenty of time for Mr White to take a hold of his runner. Mr White had made an error of judgement, Mr Renault alleged. In attempting to get onto the back of Mr Fitzgerald, he made contact with Mr Fitzgerald’s wheel causing the tyre to come off the rim and wrap around the axle, forcing Mr Fitzgerald to retire his horse from the race.
Stewards were alleging that Mr White had driven carelessly in that, when he did try to concede his position, he struck the wheel of Mr Fitzgerald, Mr Renault said.
Mr White said that he did not believe that he had been careless. He had been in “total control” and had seen Mr Fitzgerald to his outside. He knew that Mr Fitzgerald was entitled to come across and he had taken a hold. He submitted that Mr Fitzgerald had hit him rather than the other way around. He had been pulling back to let Mr Fitzgerald in to keep his own horse out of trouble and balanced. He was unable to pull back quickly enough, he said. He did not accept total blame for the incident.
Mr Renault asked Mr White to confirm that Mr Fitzgerald had the right to come down when he did. He accepted that he had could have gone down to the inside, but he wanted to stay on the back of the runner in front in the one-out line. He opted to ease back, he said.
In summation, Mr Renault said that Mr Fitzgerald was entitled to ease Mr White down. He had the advantage over Mr White and his movement was made in a slow and gradual manner. In fact, Mr Fitzgerald could not have done anything else, he said. Unfortunately, Mr White had made an error of judgement. He should have gone down to the inside instead of attempting to stay in his position. Had he done so then, shortly afterwards, he would have been able to regain the back of Mr Fitzgerald. In pulling back, he has allowed his horse to strike the wheel.
Mr White added that he done everything he could to pull back and Mr Fitzgerald had run into him. He submitted that there was an element of doubt and the incident was not entirely his fault.
reasonsfordecision:
Mr Fitzgerald was entitled to ease Mr White down at the relevant point of the race. He had an advantage over Mr White, and his inwards movement was slow and gradual as required. Mr White accepted that Mr Fitzgerald was entitled to ease him down and, in fact, was easing back to allow Mr Fitzgerald in. Mr White was right in easing his runner back. However, he misjudged that movement and did not allow Mr Fitzgerald sufficient room to cross him. Another stride, and it is likely that the interference to JENNABELLA would have been avoided. It was low-end carelessness, but the consequences were towards the high end, as the favourite was put out of the race.
Decision:
The charge was found proved.
sumissionsforpenalty:
Mr Renault said that Mr White has a clear record. He has had four drives this season and had the same number of drives last season.
He referred to the Penalty Guide starting point of a 10-drives suspension or a $500 fine. A suspension was called for in this instance, having regard to the consequences of Mr White’s carelessness. JENNABELLA had been favourite for the race and its chances were extinguished, he said. He submitted that a period of suspension coupled with a fine would be appropriate in this case.
Mr White said that he would accept such a penalty if the Committee decided on it. He was only a “poor farrier”, he said.
reasonsforpenalty:
It has been said many times before that it is difficult to arrive at a penalty, in many instances, in the case of an amateur driver, particularly in a case in which a suspension is the appropriate penalty. This case is no exception. The Penalty Guide is only helpful to a point.
The Committee could not contemplate a term of suspension of, perhaps, 12 months if the Penalty Guide were strictly adhered to. Therefore, a combined penalty, as submitted by Mr Renault, makes more sense.
Taking into account the aggravating factor of the consequences of Mr White’s carelessness and the mitigating factor of his previous good record (he had not previously received a suspension, he said) the Committee has decided on a 2 month suspension, based roughly on 4 drives, plus a fine of $300, based roughly on 6 drives.
penalty:
Mr White’s Advanced Amateur Driver’s licence is suspended from after the conclusion of racing today up to and including 4 April 2021 – 2 months. In addition, Mr White is fined the sum of $300.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: S P Renault, Stipendiary Steward, Mr SP Renault - Stipendiary Steward
JockeysandTrainer: Mr BG White - Licensed Advanced Amateur Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 9b5256095efd2c65b2c304f2f310c2bf
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
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meetid: 2e0f3c09a61d50ee20ba00693f9e743a
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meet_emailed1: 0
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meetdate: 04/02/2021
meet_title: NZ Metro TC - 4 February 2021
meet_expappcomment:
meet_km:
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tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: none
meet_pm2: none
name: NZ Metro TC