Archive Decision

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Ashburton TC 14 July 2019 – R 5 – Chair, Mr D Anderson

ID: JCA15952

Applicant:
Mrs C Tibbs - Stipendiary Steward

Respondent(s):
Mr B Weaver - Open Driver

Other Person:
Mr Mulcay - Stipendiary Steward

Information Number:
A11217

Hearing Type:
Hearing

New Charge:
Careless Driving

Rules:
869(3)(b)

Plea:
admitted

Meet Title:
Ashburton TC - 14 July 2019

Meet Chair:
DAnderson

Meet Committee Member 1:
HWeston

Race Date:
2019/07/14

Race Number:
R 5

Decision:

Mr Weaver having admitted the breach; the charge was found proved.

Penalty:

Accordingly, Mr Weaver is fined $300.

Facts:

Following the running of Race 5, the Morgan Fencing Fillies & Mares Mobile Pace, an information was filed by Stipendiary Steward, Mrs C Tibbs, against Open Driver Mr B Weaver alleging that. “He drove carelessly near the 1300 metres when failing to concede his position to IDEAL RULE (K Butt) which resulted in his filly breaking & losing approximately 4 lengths”.

Mr Weaver had signed the Information admitting the breach and he confirmed to the Committee that he had a clear understanding of the careless driving rule.

Rule 869(3) (b) provides as follows:

(3) no horseman in any race shall drive:
(b) carelessly

Mrs Tibbs with the assistance of Mr Mulcay identified LA BELLA VITA and Mr Weaver as the race began. Mr Mulcay then pointed to Mr Weaver who had restrained his horse from its wide draw and was endeavouring to take up a position in the running line. He said approaching the 1300 metres Mr Weaver had lost the back of TEAM KIWI (R Holmes) and racing outside Mr Weaver was Ms Butt driving IDEAL RULE who had at least a neck advantage on Mr Weaver.

Mrs Tibbs said at this stage Ms Butt was entitled to ease Mr Weaver down to the inside but as Mr Weaver tried to resist his back legs made contact with Ms Butt’s wheel and caused him to break and lose several lengths.

Mr Weaver demonstrated to the Committee that his horse was hanging inwards which contributed to him losing contact with his trail and his ability to hold his racing line against Ms Butt.                                      

Submissions for Penalty:

Mrs Tibbs said the Stewards on this occasion were seeking a fine as Penalty. Mr Weaver had a clear record for this rule and together with his frank admission deserved a discount from the Penalty Guide starting point of a $500 fine.

Mr Weaver stated he might prefer a suspension over a fine but after some consideration decided he was comfortable with a fine as Penalty.

Reasons for Penalty:

The JCA penalty Guidelines for the rule provides a starting point of a $500 fine or a 10-drive suspension. The Committee deemed the incident to be low range and agree a fine is appropriate in this case.

There are no Aggravating factors to consider.

The Mitigating factors are Mr Weaver’s good record and admission of the breach and that no other runners suffered any interference in the incident.

The Committee having regard for the above factors, considered a $300 fine as an appropriate penalty.

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: a500a99d6ec67eee4d1c7d4966b89a51


informantnumber: A11217


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Driving


plea: admitted


penaltyrequired: 1


decisiondate: 16/07/2019


hearing_title: Ashburton TC 14 July 2019 - R 5 - Chair, Mr D Anderson


charge:


facts:

Following the running of Race 5, the Morgan Fencing Fillies & Mares Mobile Pace, an information was filed by Stipendiary Steward, Mrs C Tibbs, against Open Driver Mr B Weaver alleging that. “He drove carelessly near the 1300 metres when failing to concede his position to IDEAL RULE (K Butt) which resulted in his filly breaking & losing approximately 4 lengths”.

Mr Weaver had signed the Information admitting the breach and he confirmed to the Committee that he had a clear understanding of the careless driving rule.

Rule 869(3) (b) provides as follows:

(3) no horseman in any race shall drive:
(b) carelessly

Mrs Tibbs with the assistance of Mr Mulcay identified LA BELLA VITA and Mr Weaver as the race began. Mr Mulcay then pointed to Mr Weaver who had restrained his horse from its wide draw and was endeavouring to take up a position in the running line. He said approaching the 1300 metres Mr Weaver had lost the back of TEAM KIWI (R Holmes) and racing outside Mr Weaver was Ms Butt driving IDEAL RULE who had at least a neck advantage on Mr Weaver.

Mrs Tibbs said at this stage Ms Butt was entitled to ease Mr Weaver down to the inside but as Mr Weaver tried to resist his back legs made contact with Ms Butt’s wheel and caused him to break and lose several lengths.

Mr Weaver demonstrated to the Committee that his horse was hanging inwards which contributed to him losing contact with his trail and his ability to hold his racing line against Ms Butt.                                      


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr Weaver having admitted the breach; the charge was found proved.


sumissionsforpenalty:

Mrs Tibbs said the Stewards on this occasion were seeking a fine as Penalty. Mr Weaver had a clear record for this rule and together with his frank admission deserved a discount from the Penalty Guide starting point of a $500 fine.

Mr Weaver stated he might prefer a suspension over a fine but after some consideration decided he was comfortable with a fine as Penalty.


reasonsforpenalty:

The JCA penalty Guidelines for the rule provides a starting point of a $500 fine or a 10-drive suspension. The Committee deemed the incident to be low range and agree a fine is appropriate in this case.

There are no Aggravating factors to consider.

The Mitigating factors are Mr Weaver’s good record and admission of the breach and that no other runners suffered any interference in the incident.

The Committee having regard for the above factors, considered a $300 fine as an appropriate penalty.


penalty:

Accordingly, Mr Weaver is fined $300.


hearing_type: Hearing


Rules: 869(3)(b)


Informant: Mrs C Tibbs - Stipendiary Steward


JockeysandTrainer: Mr B Weaver - Open Driver


Otherperson: Mr Mulcay - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: e170533f1979d17eedebcb9b9580d70e


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 5


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 0c048e775a5a0ea6add84e4f29b22f90


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


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meetdate: 14/07/2019


meet_title: Ashburton TC - 14 July 2019


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: ashburton-tc


meet_racingtype: harness-racing


meet_chair: DAnderson


meet_pm1: HWeston


meet_pm2: none


name: Ashburton TC