NZ Metropolitan TC – 20 January 2012 – R 4
ID: JCA15717
Meet Title:
NZ Metro TC - 20 January 2012
Meet Chair:
RMcKenzie
Meet Committee Member 1:
JPhelan
Race Date:
2012/01/20
Race Number:
R4
Decision:
Mr Svoboda having admitted the charge, the charge was found proved.
Penalty:
Mr Svoboda was fined the sum of $300. The Committee classified the penalty as “mild” for the purpose of deduction of competition points.
Charge:
Driving in a manner causing interference.
Facts:
Following the running of Race 4, Lone Star Riccarton World Cup Amateur Drivers Mobile Pace (Heat 6), an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Amateur Driver, Mr J Svoboda, alleging a breach of Rule 869 (4) in that Mr Svoboda, as the driver of ROSETINTEDGLASSES in the race, “drove in a manner causing interference to LIVE JAZZ (F Marty) when shifting into the passing lane with 1250 metres to race resulting in LIVE JAZZ losing its position”.
Mr Svoboda was present at the hearing of the information and he was assisted by an interpreter and by Mr G A Cook, Licensed Advanced Amateur Driver. Mr Svoboda indicated that he admitted the breach.
Rule 869 provides as follows:
(4) No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.
Submissions for Decision:
Mr Ydgren relied on the evidence adduced at the earlier protest hearing, after which ROSETINTEDGLASSES had been relegated from 8th to 12th placing for causing interference to LIVE JAZZ in the incident out of which the charge arose. The video of the incident was replayed. Mr Ydgren alleged that Mr Svoboda had caused interference to LIVE JAZZ.
Mr Cook said that he had been asked by Mr Svoboda to speak on his behalf. He said that he had discussed the incident at length with Mr Svoboda. Mr Cook asked for the head-on video from about the 1300 metres to be shown to the hearing. He pointed out that the leader “continued to run around” and then move out even further. Mr Svoboda acknowledged, in retrospect, that he had caused interference but the gap was an “open invite”, and clearly wide enough, Mr Cook submitted. Mr Svoboda had thought that he was clear of the passing lane at the time, but Mr Cook said that it was accepted that he had commenced the movement prior to the end of the passing lane.
Submissions for Penalty:
Mr Ydgren informed the Committee that Mr Svoboda had been fined the sum of $250 for careless driving - Rule 869 (3) (b) - in Heat 3 of the Series held by Manukau Trotting Club at Alexandra Park, Auckland, the previous evening. While the present charge was under a different Rule, in both incidents the chances of another runner had been affected, he said.
Mr Ydgren submitted that Mr Svoboda should be fined an amount in the vicinity of $300.
Mr Cook said that FEGAT requires that the Committee categorise any penalty imposed, for the purpose of deduction of competition points, as either “mild” or “severe”.
Reasons for Penalty:
In determining penalty, the Committee took into account Mr Svoboda’s admission of the breach. The Committee had no details of Mr Svoboda’s penalty record, other than for the fine of $250 for careless driving the previous night. It was explained to Mr Svoboda that the penalty for this breach was likely to be greater because of that previous breach.
The Committee also took into account Mr Svoboda’s unfamiliarity with the New Zealand Rules of Harness Racing.
However, it was a manoeuvre which involved considerable risk and there was interference to another runner. The consequences could conceivably have been somewhat more serious. The Committee noted that the Passing Lanes, Track Markers and Home Straight Regulations provide that it amounts to improper driving to use the passing lane to attempt to pass another runner or improve one’s position.
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: c790c4b3d4ed970a698cfda1c4cb8554
informantnumber: A5252
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 19/01/2012
hearing_title: NZ Metropolitan TC - 20 January 2012 - R 4
charge:
Driving in a manner causing interference.
facts:
Following the running of Race 4, Lone Star Riccarton World Cup Amateur Drivers Mobile Pace (Heat 6), an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Amateur Driver, Mr J Svoboda, alleging a breach of Rule 869 (4) in that Mr Svoboda, as the driver of ROSETINTEDGLASSES in the race, “drove in a manner causing interference to LIVE JAZZ (F Marty) when shifting into the passing lane with 1250 metres to race resulting in LIVE JAZZ losing its position”.
Mr Svoboda was present at the hearing of the information and he was assisted by an interpreter and by Mr G A Cook, Licensed Advanced Amateur Driver. Mr Svoboda indicated that he admitted the breach.
Rule 869 provides as follows:
(4) No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren relied on the evidence adduced at the earlier protest hearing, after which ROSETINTEDGLASSES had been relegated from 8th to 12th placing for causing interference to LIVE JAZZ in the incident out of which the charge arose. The video of the incident was replayed. Mr Ydgren alleged that Mr Svoboda had caused interference to LIVE JAZZ.
Mr Cook said that he had been asked by Mr Svoboda to speak on his behalf. He said that he had discussed the incident at length with Mr Svoboda. Mr Cook asked for the head-on video from about the 1300 metres to be shown to the hearing. He pointed out that the leader “continued to run around” and then move out even further. Mr Svoboda acknowledged, in retrospect, that he had caused interference but the gap was an “open invite”, and clearly wide enough, Mr Cook submitted. Mr Svoboda had thought that he was clear of the passing lane at the time, but Mr Cook said that it was accepted that he had commenced the movement prior to the end of the passing lane.
reasonsfordecision:
Decision:
Mr Svoboda having admitted the charge, the charge was found proved.
sumissionsforpenalty:
Mr Ydgren informed the Committee that Mr Svoboda had been fined the sum of $250 for careless driving - Rule 869 (3) (b) - in Heat 3 of the Series held by Manukau Trotting Club at Alexandra Park, Auckland, the previous evening. While the present charge was under a different Rule, in both incidents the chances of another runner had been affected, he said.
Mr Ydgren submitted that Mr Svoboda should be fined an amount in the vicinity of $300.
Mr Cook said that FEGAT requires that the Committee categorise any penalty imposed, for the purpose of deduction of competition points, as either “mild” or “severe”.
reasonsforpenalty:
In determining penalty, the Committee took into account Mr Svoboda’s admission of the breach. The Committee had no details of Mr Svoboda’s penalty record, other than for the fine of $250 for careless driving the previous night. It was explained to Mr Svoboda that the penalty for this breach was likely to be greater because of that previous breach.
The Committee also took into account Mr Svoboda’s unfamiliarity with the New Zealand Rules of Harness Racing.
However, it was a manoeuvre which involved considerable risk and there was interference to another runner. The consequences could conceivably have been somewhat more serious. The Committee noted that the Passing Lanes, Track Markers and Home Straight Regulations provide that it amounts to improper driving to use the passing lane to attempt to pass another runner or improve one’s position.
penalty:
Mr Svoboda was fined the sum of $300. The Committee classified the penalty as “mild” for the purpose of deduction of competition points.
hearing_type: Hearing
Rules: 869(4)
Informant: Mr N M Ydgren - Stipendiary Steward
JockeysandTrainer: Mr J Svoboda - Licensed Amateur Driver (Czech Republic)
Otherperson: Mr G A Cook - Licensed Advanced Amateur Driver
PersonPresent:
Respondent:
StipendSteward:
raceid: 841052f742caed5b4aa4dca95c0b605e
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: e1ae6387ceb7c998f6931a6875d7c822
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 20/01/2012
meet_title: NZ Metro TC - 20 January 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: JPhelan
meet_pm2: none
name: NZ Metro TC