Archive Decision

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Auckland TC 6 March 2015 – R 5

ID: JCA16028

Applicant:
Mr N McIntyre - Co-Chief Stipendiary Steward

Respondent(s):
Mr S J Lawson - Open Horseman

Other Person:
Mr J M Muirhead - Stipendiary Steward

Information Number:
A7410

Hearing Type:
Hearing

New Charge:
Careless driving

Rules:
Rule 869(3)(b)

Plea:
admitted

Meet Title:
Auckland TC - 6 March 2015

Meet Chair:
BScott

Meet Committee Member 1:
ADooley

Race Date:
2015/03/06

Race Number:
R5

Decision:

The charge is admitted and is therefore upheld.

Penalty:

The Committee imposes a fine of $300.00 on Mr Lawson.

Facts:

Following the running of the GOTTAGO CULLEN YOUNG GUN DELIGHTFUL LADY CLASSIC an Information was lodged by  Co Chief Stipendiary Steward Mr N McIntyre against Open Horseman Mr SJ Lawson alleging that Mr Lawson as the Driver of Killer Queen drove his horse carelessly causing interference to LICKLE LICKLE  with 100 metres to run.

Mr Lawson was present at the Hearing and he advised the Committee that he admitted the breach. He also acknowledged that he understood the Rule.

Stipendiary Steward Mr JM Muirhead appeared for the Informant and he demonstrated the incident by use of the race films. He showed that with just over 100 metres to run Mr Lawson was looking to improve his horse and he attempted to take a gap outside LICKLE LICKLE (Driver S Phelan) which was racing on the outside of NEK TIME (Driver B Mangos). When Mr Lawson made his move his horse moved down onto and made contact with LICKLE LICKLE and he pushed that horse down onto NEK TIME resulting in checks to both horses.

Mr Muirhead said that despite the interference to them he did not think that the chances of those horses were significantly affected.

Mr Lawson said that a gap had opened on the outside of LICKLE LICKLE and he moved into it. He admitted that he had tightened up LICKLE LICKLE as was shown on the film. He said that these were 2 year old fillies and his horse was a bit green and as a result had drifted in a bit more than he intended. He said that his move was a close call but it didn't come off.

Submissions for Penalty:

Mr Muirhead said that this offence would normally attract a fine of $250.00 but that this was a Group 3 race on a premier night and the Stewards believed that a fine in the region of $300.00 to $350.00 was appropriate. He did say that Mr Lawson's last charge under this rule was in April 2014 and he therefore has a good record and should be given credit for that.

He also said that he did not think that the chances of the 2 horses that suffered the interference were significantly affected and he said that the incident was in the medium to low range of seriousness.

Prior to Mr Lawson making his submissions the Committee pointed out to him that the JCA Guidelines provide for a starting point penalty of suspension of licence for 8 drives or a $400.00 fine. The Committee also pointed out that under the HRNZ Rules it had the power to increase any penalty if the charge is on a Premiere night or in a group race.

Mr Lawson said that his horse was green and that didn't help him. He also said that he believed the incident was in the low range of seriousness. He pointed to his good record and his admission of the breach.

Reasons for Penalty:

The race films show the incident very clearly and show Mr Lawson attempting to take a gap and causing interference to LICKLE LICKLE and NEK TIME. The Committee accepts that the chances of those 2 horses were not significantly affected by the interference. We also agree with Mr Muirhead's assessment of the seriousness of the breach.

The aggravating feature however is that interference was caused to 2 horses.

In mitigation we take into account Mr Lawson's good record under this rule and we acknowledge his improvement after a number of charges prior to his last breach of this rule. We also give him credit for his admission of the breach.

Taking all of the above into account we believe that a fine of $300.00 is appropriate.

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: b08dfc34934a542b5e23a060adb73117


informantnumber: A7410


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless driving


plea: admitted


penaltyrequired: 1


decisiondate: 02/03/2015


hearing_title: Auckland TC 6 March 2015 - R 5


charge:


facts:

Following the running of the GOTTAGO CULLEN YOUNG GUN DELIGHTFUL LADY CLASSIC an Information was lodged by  Co Chief Stipendiary Steward Mr N McIntyre against Open Horseman Mr SJ Lawson alleging that Mr Lawson as the Driver of Killer Queen drove his horse carelessly causing interference to LICKLE LICKLE  with 100 metres to run.

Mr Lawson was present at the Hearing and he advised the Committee that he admitted the breach. He also acknowledged that he understood the Rule.

Stipendiary Steward Mr JM Muirhead appeared for the Informant and he demonstrated the incident by use of the race films. He showed that with just over 100 metres to run Mr Lawson was looking to improve his horse and he attempted to take a gap outside LICKLE LICKLE (Driver S Phelan) which was racing on the outside of NEK TIME (Driver B Mangos). When Mr Lawson made his move his horse moved down onto and made contact with LICKLE LICKLE and he pushed that horse down onto NEK TIME resulting in checks to both horses.

Mr Muirhead said that despite the interference to them he did not think that the chances of those horses were significantly affected.

Mr Lawson said that a gap had opened on the outside of LICKLE LICKLE and he moved into it. He admitted that he had tightened up LICKLE LICKLE as was shown on the film. He said that these were 2 year old fillies and his horse was a bit green and as a result had drifted in a bit more than he intended. He said that his move was a close call but it didn't come off.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

The charge is admitted and is therefore upheld.


sumissionsforpenalty:

Mr Muirhead said that this offence would normally attract a fine of $250.00 but that this was a Group 3 race on a premier night and the Stewards believed that a fine in the region of $300.00 to $350.00 was appropriate. He did say that Mr Lawson's last charge under this rule was in April 2014 and he therefore has a good record and should be given credit for that.

He also said that he did not think that the chances of the 2 horses that suffered the interference were significantly affected and he said that the incident was in the medium to low range of seriousness.

Prior to Mr Lawson making his submissions the Committee pointed out to him that the JCA Guidelines provide for a starting point penalty of suspension of licence for 8 drives or a $400.00 fine. The Committee also pointed out that under the HRNZ Rules it had the power to increase any penalty if the charge is on a Premiere night or in a group race.

Mr Lawson said that his horse was green and that didn't help him. He also said that he believed the incident was in the low range of seriousness. He pointed to his good record and his admission of the breach.


reasonsforpenalty:

The race films show the incident very clearly and show Mr Lawson attempting to take a gap and causing interference to LICKLE LICKLE and NEK TIME. The Committee accepts that the chances of those 2 horses were not significantly affected by the interference. We also agree with Mr Muirhead's assessment of the seriousness of the breach.

The aggravating feature however is that interference was caused to 2 horses.

In mitigation we take into account Mr Lawson's good record under this rule and we acknowledge his improvement after a number of charges prior to his last breach of this rule. We also give him credit for his admission of the breach.

Taking all of the above into account we believe that a fine of $300.00 is appropriate.


penalty:

The Committee imposes a fine of $300.00 on Mr Lawson.


hearing_type: Hearing


Rules: Rule 869(3)(b)


Informant: Mr N McIntyre - Co-Chief Stipendiary Steward


JockeysandTrainer: Mr S J Lawson - Open Horseman


Otherperson: Mr J M Muirhead - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 8ee94febf01991dcefecd80ff9710832


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R5


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: f0b0781bf9fb30a477004ce29bcf3167


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 06/03/2015


meet_title: Auckland TC - 6 March 2015


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: auckland-tc


meet_racingtype: harness-racing


meet_chair: BScott


meet_pm1: ADooley


meet_pm2: none


name: Auckland TC