NZ Metropolitan TC – 14 June 2018 – R 3 – Chair, Mr R McKenzie
ID: JCA15787
Meet Title:
NZ Metro TC - 14 June 2018
Meet Chair:
RMcKenzie
Meet Committee Member 1:
HWeston
Race Date:
2018/06/14
Race Number:
R3
Decision:
Mr Borcoskie having admitted the charge, the charge was found proved.
Penalty:
Mr Borcoskie’s Open Horseman’s licence is suspended from after the close of racing today up to and including 29 June 2018 – 3 days. The meetings intended to be encompassed by that period of suspension are Marlborough HRC on 22 and 24 June and NZ Metropolitan TC on 29 June 2018. The Forbury Park TC meetings on 21 and 28 June were not included as Mr Borcoskie had stated that it was not his intention to attend those meetings.
Facts:
Following the running of Race 3, Lamb & Hayward Mobile Trot, an Information was filed by Chief Stipendiary Steward, Mr NM Ydgren, against Licensed Open Driver, Mr BJ Borcoskie, alleging that Mr Borcoskie, as the driver of DESPERATEANDANGEROUS in the race, “drove carelessly when shifting outwards near the 350 metres checking TAKE AFTER ME (JR Dunn) which paced”.
Mr Borcoskie was present at the hearing of the information and he indicated that he admitted the breach.
Rule 869 provides as follows:
(3) No horseman in any race shall drive-
(b) carelessly.
Mr Ydgren showed video replays of the final 400 metres of the race. He pointed out DESPERATEANDANGEROUS, driven by Mr Borcoskie, racing in the trail behind the leader, THE COMMANDO (MJ Williamson). TAKE AFTER ME (JR Dunn) was racing outside Mr Borcoskie. He said that it could be seen that Mr Borcoskie had “a handful of horse”. However, as the field was about to enter the home straight, he shifted outwards and checked TAKE AFTER ME which, as a result, switched into a pace and had to be restrained out of the race.
Mr Ydgren said that Mr Dunn’s horse did appear to be under some pressure at the time but, when Mr Borcoskie shifted out, Mr Dunn had nowhere to go as WEE MAN TROUBLE (DJ Dunn) had improved to his outside. Mr John Dunn became the “meat in the sandwich” and his horse was checked and switched from a trot into a pace. Mr Dunn restrained the horse but was unable to switch it back into a trot.
Mr Borcoskie said that the reason that he came out when he did was that his horse was overracing and was starting to choke down. It was better to try to move out, he said, but Mr Dunn’s horse was not stopping as quickly as he thought.
Submissions for Penalty:
Mr Ydgren referred to the Penalty Guide starting point for penalty for careless driving of a 10-drives suspension or a $500 fine. He said that Stewards were seeking a period of suspension in this case.
Mr Borcoskie had told Stewards that he had intended to race a couple of horses on the Blenheim circuit (22 and 24 June), but those meetings were outside of the deferment period, Mr Ydgren said. Mr Borcoskie does not travel to Forbury Park, Mr Ydgren said, which was accepted by Mr Borcoskie.
Mr Ydgren informed the Committee that Mr Borcoskie has had 43 drives to date in the current season and he has a clear record under the Rule. He submitted that a period of suspension of 3 days was an appropriate penalty. He said that Mr Borcoskie can have more than 2 and up to 4 drives at a meeting.
Mr Borcoskie said that he considered that Mr Ydgren’s penalty submission was a fair one. He further said that he has four horses at present and intends driving them as often as he can.
Reasons for Penalty:
The Committee accepted Mr Ydgren’s submission that a suspension should be imposed. The Penalty Guide starting point is a 10 drives’ suspension and we adopt that. Mr Borcoskie is entitled to credit for his admission of the breach and his good record. The Committee also considered the breach to be of a low level. We believe that the chances of TAKE AFTER ME were not affected. For those factors, the Committee gives Mr Borcoskie a discount of 3 drives. In Mr Borcoskie’s case, it is fair to equate a 7-drives’ suspension with 3 days. We note that he had two drives at tonight’s meeting, one of which was scratched.
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: d13a64d9c1fdcb51b106af5f99b5a1c7
informantnumber: A10232
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: admitted
penaltyrequired: 1
decisiondate: 18/06/2018
hearing_title: NZ Metropolitan TC - 14 June 2018 - R 3 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 3, Lamb & Hayward Mobile Trot, an Information was filed by Chief Stipendiary Steward, Mr NM Ydgren, against Licensed Open Driver, Mr BJ Borcoskie, alleging that Mr Borcoskie, as the driver of DESPERATEANDANGEROUS in the race, “drove carelessly when shifting outwards near the 350 metres checking TAKE AFTER ME (JR Dunn) which paced”.
Mr Borcoskie was present at the hearing of the information and he indicated that he admitted the breach.
Rule 869 provides as follows:
(3) No horseman in any race shall drive-
(b) carelessly.
Mr Ydgren showed video replays of the final 400 metres of the race. He pointed out DESPERATEANDANGEROUS, driven by Mr Borcoskie, racing in the trail behind the leader, THE COMMANDO (MJ Williamson). TAKE AFTER ME (JR Dunn) was racing outside Mr Borcoskie. He said that it could be seen that Mr Borcoskie had “a handful of horse”. However, as the field was about to enter the home straight, he shifted outwards and checked TAKE AFTER ME which, as a result, switched into a pace and had to be restrained out of the race.
Mr Ydgren said that Mr Dunn’s horse did appear to be under some pressure at the time but, when Mr Borcoskie shifted out, Mr Dunn had nowhere to go as WEE MAN TROUBLE (DJ Dunn) had improved to his outside. Mr John Dunn became the “meat in the sandwich” and his horse was checked and switched from a trot into a pace. Mr Dunn restrained the horse but was unable to switch it back into a trot.
Mr Borcoskie said that the reason that he came out when he did was that his horse was overracing and was starting to choke down. It was better to try to move out, he said, but Mr Dunn’s horse was not stopping as quickly as he thought.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Borcoskie having admitted the charge, the charge was found proved.
sumissionsforpenalty:
Mr Ydgren referred to the Penalty Guide starting point for penalty for careless driving of a 10-drives suspension or a $500 fine. He said that Stewards were seeking a period of suspension in this case.
Mr Borcoskie had told Stewards that he had intended to race a couple of horses on the Blenheim circuit (22 and 24 June), but those meetings were outside of the deferment period, Mr Ydgren said. Mr Borcoskie does not travel to Forbury Park, Mr Ydgren said, which was accepted by Mr Borcoskie.
Mr Ydgren informed the Committee that Mr Borcoskie has had 43 drives to date in the current season and he has a clear record under the Rule. He submitted that a period of suspension of 3 days was an appropriate penalty. He said that Mr Borcoskie can have more than 2 and up to 4 drives at a meeting.
Mr Borcoskie said that he considered that Mr Ydgren’s penalty submission was a fair one. He further said that he has four horses at present and intends driving them as often as he can.
reasonsforpenalty:
The Committee accepted Mr Ydgren’s submission that a suspension should be imposed. The Penalty Guide starting point is a 10 drives’ suspension and we adopt that. Mr Borcoskie is entitled to credit for his admission of the breach and his good record. The Committee also considered the breach to be of a low level. We believe that the chances of TAKE AFTER ME were not affected. For those factors, the Committee gives Mr Borcoskie a discount of 3 drives. In Mr Borcoskie’s case, it is fair to equate a 7-drives’ suspension with 3 days. We note that he had two drives at tonight’s meeting, one of which was scratched.
penalty:
Mr Borcoskie’s Open Horseman’s licence is suspended from after the close of racing today up to and including 29 June 2018 – 3 days. The meetings intended to be encompassed by that period of suspension are Marlborough HRC on 22 and 24 June and NZ Metropolitan TC on 29 June 2018. The Forbury Park TC meetings on 21 and 28 June were not included as Mr Borcoskie had stated that it was not his intention to attend those meetings.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr NM Ydgren - Chief Stipendiary Steward
JockeysandTrainer: Mr BJ Borcoskie - Licensed Open Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 71f250d30b1e58f8a63d8894ccb5fa48
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 7359d5306c13037fe1c02da6208d3652
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 14/06/2018
meet_title: NZ Metro TC - 14 June 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: HWeston
meet_pm2: none
name: NZ Metro TC