HR Waikato 5 December 2013 – R4
ID: JCA16165
Meet Title:
Harness Racing Waikato - 5 December 2013
Meet Chair:
AGodsalve
Meet Committee Member 1:
ADooley
Race Date:
2013/12/05
Race Number:
R4
Decision:
Since the breach was admitted the charge is proved.
Penalty:
Accordingly we impose a fine of $250.
Facts:
Following the running of Race 4, the MASTERLINK MOBILE PACE, an Information was lodged by Mr Muirhead alleging a breach of Rule 869(3)(b), and the Easing Down Regulations, in that Junior Horsewoman Mrs M Teaz failed to concede her position with NO APACHEMEE racing inside MISS FIREFLY driven by Mr S Phelan, causing her own horse to gallop with 1900m to run.
Mr Muirhead read the relevant Rule and Regulation.
Rule 869(3)(b) states :
" No horseman in any race shall drive carelessly"
The relevant part of the Easing Down Regulations says:
"Subject to Rule 869(3) Careless Driving, 869(4) Causing Interference, horsemen shall be permitted to make moves with safety, provided they are in a position to do so by having a "clear advantage" over the horse they are about to move inwards, and the horse is clear of other horses on its inside so it can be moved in and that the manoeuvre is conducted in a gradual and acceptable manner".
and further
"Any horseman who fails to concede when not in a position to maintain his/her place, may be charged under Rule 869(3) Careless Driving"
Mrs Teaz, accompanied by Senior Horseman, M.McKendry acknowledged that she understood the nature of the charge and confirmed that she admitted the breach.
Mr Muirhead identified the horse NO APACHEMEE on the available video, pointing out that it had drawn the outside position, and had dropped back to the rear after the start. Mr Phelan, driving MISS FIREFLY had eased back also, on the outside of NO APACHEMEE, and when he had about a half-neck advantage over NO APACHEMEE had attempted to ease inwards. Mr Muirhead pointed out that MISS FIREFLY had its head turned inwards and was clearly attempting to ease in. Mrs Teaz had tried to stay in her position behind the horse in front of her. At that time there was clear running on the inside of that horse for NO APACHEMEE to take an inside position. As MISS FIREFLY moved inwards its sulky wheel appeared to touch NO APACHEMEE's leg which caused the horse to go off stride. Consequently NO APACHEMEE lost approximately 50m and most probably any chance it had in the race. Mr Muirhead stated that Mrs Teaz should have moved her horse across to the rail when there was clear running to do so and if she had this incident would not have occurred.
Mr McKendry, for Mrs Teaz, told the Committee that NO APACHEMEE was wearing gear, including a 'pole' and a 'pricker' and he thought it was a 'bit unlucky' that it had over-reacted and run into the horse on its outside causing it to go off stride. He believed Mrs Teaz had in fact attempted to move inwards, however her horse had not co-operated.
Submissions for Penalty:
Mr Muirhead submitted that the JCA Penalty Guide provides for a penalty of 8 drives or a $400 fine for breaches of this Rule. He added that Mrs Teaz had a previous breach in July 2013 when she caused her own horse to break in a race and was fined $200. While the Stipendiary Stewards acknowledged that she admitted this breach, and that she could be given credit for being frank about this incident, they felt a further fine in the range of $250 would be appropriate.
Mr McKendry asked the Committee to take into account Mrs Teaz 'did not have much money'.
Reasons for Penalty:
The Committee acknowledged that Mrs Teaz admitted this breach and was co-operative with the Stewards on this occasion. It was to her credit that she accepted that this incident would be a 'learning curve' in her driving career, however it was pointed out to her that she did have the opportunity to concede her position and move inwards as the Rule and Regulations required her to do.
The starting point for breaches of this Rule is a suspension of 8 drives or a fine of $400. We accept that Mrs Teaz lost all chance in the race due to her actions and did not unduly inconvienience any other horse, and consider a fine to be appropriate.
Mrs Teaz has one prior breach of this Rule which resulted in 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: c4c6995dac9f90304cc5a5be0495ccf1
informantnumber: A3960
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: admitted
penaltyrequired: 1
decisiondate: 30/11/2013
hearing_title: HR Waikato 5 December 2013 - R4
charge:
facts:
Following the running of Race 4, the MASTERLINK MOBILE PACE, an Information was lodged by Mr Muirhead alleging a breach of Rule 869(3)(b), and the Easing Down Regulations, in that Junior Horsewoman Mrs M Teaz failed to concede her position with NO APACHEMEE racing inside MISS FIREFLY driven by Mr S Phelan, causing her own horse to gallop with 1900m to run.
Mr Muirhead read the relevant Rule and Regulation.
Rule 869(3)(b) states :
" No horseman in any race shall drive carelessly"
The relevant part of the Easing Down Regulations says:
"Subject to Rule 869(3) Careless Driving, 869(4) Causing Interference, horsemen shall be permitted to make moves with safety, provided they are in a position to do so by having a "clear advantage" over the horse they are about to move inwards, and the horse is clear of other horses on its inside so it can be moved in and that the manoeuvre is conducted in a gradual and acceptable manner".
and further
"Any horseman who fails to concede when not in a position to maintain his/her place, may be charged under Rule 869(3) Careless Driving"
Mrs Teaz, accompanied by Senior Horseman, M.McKendry acknowledged that she understood the nature of the charge and confirmed that she admitted the breach.
Mr Muirhead identified the horse NO APACHEMEE on the available video, pointing out that it had drawn the outside position, and had dropped back to the rear after the start. Mr Phelan, driving MISS FIREFLY had eased back also, on the outside of NO APACHEMEE, and when he had about a half-neck advantage over NO APACHEMEE had attempted to ease inwards. Mr Muirhead pointed out that MISS FIREFLY had its head turned inwards and was clearly attempting to ease in. Mrs Teaz had tried to stay in her position behind the horse in front of her. At that time there was clear running on the inside of that horse for NO APACHEMEE to take an inside position. As MISS FIREFLY moved inwards its sulky wheel appeared to touch NO APACHEMEE's leg which caused the horse to go off stride. Consequently NO APACHEMEE lost approximately 50m and most probably any chance it had in the race. Mr Muirhead stated that Mrs Teaz should have moved her horse across to the rail when there was clear running to do so and if she had this incident would not have occurred.
Mr McKendry, for Mrs Teaz, told the Committee that NO APACHEMEE was wearing gear, including a 'pole' and a 'pricker' and he thought it was a 'bit unlucky' that it had over-reacted and run into the horse on its outside causing it to go off stride. He believed Mrs Teaz had in fact attempted to move inwards, however her horse had not co-operated.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Since the breach was admitted the charge is proved.
sumissionsforpenalty:
Mr Muirhead submitted that the JCA Penalty Guide provides for a penalty of 8 drives or a $400 fine for breaches of this Rule. He added that Mrs Teaz had a previous breach in July 2013 when she caused her own horse to break in a race and was fined $200. While the Stipendiary Stewards acknowledged that she admitted this breach, and that she could be given credit for being frank about this incident, they felt a further fine in the range of $250 would be appropriate.
Mr McKendry asked the Committee to take into account Mrs Teaz 'did not have much money'.
reasonsforpenalty:
The Committee acknowledged that Mrs Teaz admitted this breach and was co-operative with the Stewards on this occasion. It was to her credit that she accepted that this incident would be a 'learning curve' in her driving career, however it was pointed out to her that she did have the opportunity to concede her position and move inwards as the Rule and Regulations required her to do.
The starting point for breaches of this Rule is a suspension of 8 drives or a fine of $400. We accept that Mrs Teaz lost all chance in the race due to her actions and did not unduly inconvienience any other horse, and consider a fine to be appropriate.
Mrs Teaz has one prior breach of this Rule which resulted in a fine of $200.
penalty:
Accordingly we impose a fine of $250.
hearing_type: Hearing
Rules: Rule 869(3)(b), and Easing Down Regulations
Informant: Mr J Muirhead - Stipendiary Steward
JockeysandTrainer: Mr M McHendry - Senior Horseman assisting Mrs Teaz, Mrs M Teaz - Junior Horsewoman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 0e9d1d84c4ae166303f5216c23aa3505
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: eff49ffafc31379e8ad61644baa3e30c
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 05/12/2013
meet_title: Harness Racing Waikato - 5 December 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: harness-racing-waikato
meet_racingtype: harness-racing
meet_chair: AGodsalve
meet_pm1: ADooley
meet_pm2: none
name: Harness Racing Waikato