Archive Decision

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Banks Peninsula TC 22 January 2015 – R 1

ID: JCA15877

Applicant:
Mr S W Wallis -Stipendiary Steward

Respondent(s):
D S Reardon, Licensed Advanced Amateur Driver

Information Number:
A6189

Hearing Type:
Hearing

New Charge:
Careless Driving

Rules:
869(3)(b)

Plea:
admitted

Meet Title:
Banks Peninsula TC - 22 January 2015

Meet Chair:
RMcKenzie

Meet Committee Member 1:
SChing

Meet Committee Member 2:
GClapp

Race Date:
2015/01/22

Race Number:
R1

Decision:

Mr Reardon having admitted the breach, the charge was found proved.

Penalty:

Mr Reardon was fined the sum of $200.

Facts:

Following the running of Race 1, Selwyn View Newspaper Mobile Pace, an information was filed by Stipendiary Steward, Mr S W Wallis, against Licensed Advanced Amateur Horseman, Mr D S Reardon, alleging that Mr Reardon, as the driver of FRANCO TYRONE in the race, “drove carelessly in the home straight when contacting the wheel of VANILLA ROSE (S P Murtha) causing its tyre to come off the rim”.

Mr Reardon was present at the hearing of the information and he indicated that he admitted the breach.

Rule 869 provides as follows:

(3) No horseman shall in any race drive:

    (b) carelessly

Mr Wallis showed a video replay of the relevant part of the race. He pointed out FRANCO TYRONE, driven by Mr Reardon, trailing the leader, VANILLA ROSE (S P Murtha), as the field turned into the final straight.

Mr Wallis said that FRANCO TYRONE was full of running and Mr Reardon was looking to improve his position. Shortly thereafter, at about the 350 metres, a gap appeared on the outside of the leader and Mr Reardon improved his runner into that gap. In doing so, the off-front leg of FRANCO TYRONE struck the outside sulky wheel of VANILLA ROSE. Shortly after being struck, the tyre deflated and, 20-30 metres from the finishing line, the tyre and tube came adrift from the rim.

Mr Wallis pointed out that VANILLA ROSE had been forced to race the final 350 metres of the race with a flat tyre and then with the tyre and tube off the rim. Mr Murtha had advised the Stewards that his horse had been “travelling OK” but he did not believe that his chances of finishing in a higher position than the eventual 6th placing had been affected.

Mr Reardon admitted that he had not taken enough care when coming off the leader’s wheel.

Submissions for Penalty:

Mr Wallis informed the Committee that Mr Reardon had a clear record under the Rule. Mr Reardon confirmed that this was the case. Mr Wallis said that Mr Reardon has had 79 lifetime drives, including some as a Junior Driver. Having regard to his clear record and his admission of the breach, Mr Wallis submitted that a fine of $200 was an appropriate penalty.

Mr Reardon had no submissions to make regarding penalty apart from asking the Committee to consider his good record.

Reasons for Penalty:

In determining penalty, the Committee had regard to, as mitigating factors, Mr Reardon’s previous good record, albeit from not a large number of drives, and his very frank admission of the breach. The starting point in the Penalty Guide for a breach of the Rule is a fine of $400. Mr Reardon is entitled to a discount from that starting point for those mitigating factors.

Taking all matters into account, including the mitigating factors referred to above, the fact that the affected runner’s chances were not affected and Mr Wallis’ penalty submission, the Committee decided that an appropriate penalty was a fine of $200.

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: df52cd99aaf704c8df32f536e9557f7b


informantnumber: A6189


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Driving


plea: admitted


penaltyrequired: 1


decisiondate: 25/01/2015


hearing_title: Banks Peninsula TC 22 January 2015 - R 1


charge:


facts:

Following the running of Race 1, Selwyn View Newspaper Mobile Pace, an information was filed by Stipendiary Steward, Mr S W Wallis, against Licensed Advanced Amateur Horseman, Mr D S Reardon, alleging that Mr Reardon, as the driver of FRANCO TYRONE in the race, “drove carelessly in the home straight when contacting the wheel of VANILLA ROSE (S P Murtha) causing its tyre to come off the rim”.

Mr Reardon was present at the hearing of the information and he indicated that he admitted the breach.

Rule 869 provides as follows:

(3) No horseman shall in any race drive:

    (b) carelessly

Mr Wallis showed a video replay of the relevant part of the race. He pointed out FRANCO TYRONE, driven by Mr Reardon, trailing the leader, VANILLA ROSE (S P Murtha), as the field turned into the final straight.

Mr Wallis said that FRANCO TYRONE was full of running and Mr Reardon was looking to improve his position. Shortly thereafter, at about the 350 metres, a gap appeared on the outside of the leader and Mr Reardon improved his runner into that gap. In doing so, the off-front leg of FRANCO TYRONE struck the outside sulky wheel of VANILLA ROSE. Shortly after being struck, the tyre deflated and, 20-30 metres from the finishing line, the tyre and tube came adrift from the rim.

Mr Wallis pointed out that VANILLA ROSE had been forced to race the final 350 metres of the race with a flat tyre and then with the tyre and tube off the rim. Mr Murtha had advised the Stewards that his horse had been “travelling OK” but he did not believe that his chances of finishing in a higher position than the eventual 6th placing had been affected.

Mr Reardon admitted that he had not taken enough care when coming off the leader’s wheel.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr Reardon having admitted the breach, the charge was found proved.


sumissionsforpenalty:

Mr Wallis informed the Committee that Mr Reardon had a clear record under the Rule. Mr Reardon confirmed that this was the case. Mr Wallis said that Mr Reardon has had 79 lifetime drives, including some as a Junior Driver. Having regard to his clear record and his admission of the breach, Mr Wallis submitted that a fine of $200 was an appropriate penalty.

Mr Reardon had no submissions to make regarding penalty apart from asking the Committee to consider his good record.


reasonsforpenalty:

In determining penalty, the Committee had regard to, as mitigating factors, Mr Reardon’s previous good record, albeit from not a large number of drives, and his very frank admission of the breach. The starting point in the Penalty Guide for a breach of the Rule is a fine of $400. Mr Reardon is entitled to a discount from that starting point for those mitigating factors.

Taking all matters into account, including the mitigating factors referred to above, the fact that the affected runner’s chances were not affected and Mr Wallis’ penalty submission, the Committee decided that an appropriate penalty was a fine of $200.


penalty:

Mr Reardon was fined the sum of $200.


hearing_type: Hearing


Rules: 869(3)(b)


Informant: Mr S W Wallis -Stipendiary Steward


JockeysandTrainer: D S Reardon, Licensed Advanced Amateur Driver


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 5ffac5f4472d35d8e87c1ad0a9aa6240


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R1


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: cd77e1b5a288bc169e51c003945d5809


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 22/01/2015


meet_title: Banks Peninsula TC - 22 January 2015


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: banks-peninsula-tc


meet_racingtype: harness-racing


meet_chair: RMcKenzie


meet_pm1: SChing


meet_pm2: GClapp


name: Banks Peninsula TC