Auckland TC 21 December 2018 – R 3 – Chair, Mr A Godsalve
ID: JCA16252
Meet Title:
Auckland TC - 21 December 2018
Meet Chair:
AGodsalve
Meet Committee Member 1:
ADooley
Race Date:
2018/12/21
Race Number:
R3
Decision:
As Mr Poutama has admitted the breach we find the charge to be proved.
Penalty:
The Committee imposed a 2 day suspension of Mr Poutama's driving license, to commence after racing on 24 December 2018 and conclude after racing on 31 December 2018.
Meetings included in this suspension are:
Waikato BOP H - 28 December 2018
Auckland TC - 31 December 2018.
Facts:
Following the running of Race 3, the PGG Wrightson Mobile Pace 1609m Mr Mulcay produced an Information alleging that Open Horseman Mr A Poutama 'shifted outwards near the 350m when not in a position to do so, which in turn caused RUBY ROSE to be interfered with and lose ground.'
Mr Poutama was present at the hearing and confirmed that (a) he understood the Rule, and (b) he admitted the breach.
Rule 869(3)(b) provides that 'No horseman in any race shall drive carelessly'.
Using the available films Stipendiary Steward, Mr S Wallis identified the horses TROJAN BANNER (A Poutama), THE STUNNING NUN (M McKendry ) and RUBY ROSE (T Herlihy ). As the horses approached the 400 metres mark, TROJAN BANNER was 4 back on the pegs in a 1x1 position with RUBY ROSE outside that horse and THE STUNNING NUN outside RUBY ROSE. Mr Poutama then angled TROJAN BANNER outwards in an attempt to improve its position. At that time RUBY ROSE was outside and just behind him by about 1/2 length, with THE STUNNING NUN outside and just ahead of it. By angling outwards towards RUBY ROSE Mr Poutama caused Mr Herlihy to take evasive action which resulted in RUBY ROSE being checked and losing ground. RUBY ROSE in turn slightly interfered with THE STUNNING NUN as it shifted out away from TROJAN BANNER. As soon as he saw what had taken place Mr Poutama angled TROJAN BANNERS' head inwards, however by then the damage had been done.
Mr Poutama said he realised he had made a mistake when he heard Mr Herlihy call out to him. He added that he quickly gave Mr Herlihy some room, however it was too late.
Submissions for Penalty:
Mr Mulcay referred to the JCA Penalty Guide which provides for a 3 day suspension when a driver has a breach of the Rule within the past 6 months. Mr Mulcay confirmed that Mr Poutama had been fined $250 on 6 September for a low level breach of this Rule. Mr Mulcay added that Mr Poutama had driven in 67 races since that breach. He said that Mr Poutama took corrective action as soon as he could however it was too late. Mr Mulcay said that RUBY ROSE lost ground as a result of the incident but did not have its chances extinguished.
Mr Poutama accepted that he would incur a period of suspension for this breach. He told the Committee that he had confirmed drives at the Waikato BOP H meeting on 24 December and could commence a suspension after that meeting.
Reasons for Penalty:
The Committee confirmed that where a driver has already breached this Rule within 6 months then a further breach calls for a starting point of a 3 day suspension.
We agree with Mr Mulcay that the breach is at the lower end of the scale.
Mr Poutama has admitted the breach and co-operated with Stewards when spoken to about the incident and he should be given credit accordingly.
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: cff9f872ecdb0315be941eec2db17461
informantnumber: A10318
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Causing Interference
plea: admitted
penaltyrequired: 1
decisiondate: 21/12/2018
hearing_title: Auckland TC 21 December 2018 - R 3 - Chair, Mr A Godsalve
charge:
facts:
Following the running of Race 3, the PGG Wrightson Mobile Pace 1609m Mr Mulcay produced an Information alleging that Open Horseman Mr A Poutama 'shifted outwards near the 350m when not in a position to do so, which in turn caused RUBY ROSE to be interfered with and lose ground.'
Mr Poutama was present at the hearing and confirmed that (a) he understood the Rule, and (b) he admitted the breach.
Rule 869(3)(b) provides that 'No horseman in any race shall drive carelessly'.
Using the available films Stipendiary Steward, Mr S Wallis identified the horses TROJAN BANNER (A Poutama), THE STUNNING NUN (M McKendry ) and RUBY ROSE (T Herlihy ). As the horses approached the 400 metres mark, TROJAN BANNER was 4 back on the pegs in a 1x1 position with RUBY ROSE outside that horse and THE STUNNING NUN outside RUBY ROSE. Mr Poutama then angled TROJAN BANNER outwards in an attempt to improve its position. At that time RUBY ROSE was outside and just behind him by about 1/2 length, with THE STUNNING NUN outside and just ahead of it. By angling outwards towards RUBY ROSE Mr Poutama caused Mr Herlihy to take evasive action which resulted in RUBY ROSE being checked and losing ground. RUBY ROSE in turn slightly interfered with THE STUNNING NUN as it shifted out away from TROJAN BANNER. As soon as he saw what had taken place Mr Poutama angled TROJAN BANNERS' head inwards, however by then the damage had been done.
Mr Poutama said he realised he had made a mistake when he heard Mr Herlihy call out to him. He added that he quickly gave Mr Herlihy some room, however it was too late.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Poutama has admitted the breach we find the charge to be proved.
sumissionsforpenalty:
Mr Mulcay referred to the JCA Penalty Guide which provides for a 3 day suspension when a driver has a breach of the Rule within the past 6 months. Mr Mulcay confirmed that Mr Poutama had been fined $250 on 6 September for a low level breach of this Rule. Mr Mulcay added that Mr Poutama had driven in 67 races since that breach. He said that Mr Poutama took corrective action as soon as he could however it was too late. Mr Mulcay said that RUBY ROSE lost ground as a result of the incident but did not have its chances extinguished.
Mr Poutama accepted that he would incur a period of suspension for this breach. He told the Committee that he had confirmed drives at the Waikato BOP H meeting on 24 December and could commence a suspension after that meeting.
reasonsforpenalty:
The Committee confirmed that where a driver has already breached this Rule within 6 months then a further breach calls for a starting point of a 3 day suspension.
We agree with Mr Mulcay that the breach is at the lower end of the scale.
Mr Poutama has admitted the breach and co-operated with Stewards when spoken to about the incident and he should be given credit accordingly.
penalty:
The Committee imposed a 2 day suspension of Mr Poutama's driving license, to commence after racing on 24 December 2018 and conclude after racing on 31 December 2018.
Meetings included in this suspension are:
Waikato BOP H - 28 December 2018
Auckland TC - 31 December 2018.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr S Mulcay - Senior Stipendiary Steward
JockeysandTrainer: Mr A Poutama - Open Horseman
Otherperson: Mr S Wallis - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: cb78e2179e81445533780fbb19535a12
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: f381b41450b1dfc77a65198eb3432fc2
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 21/12/2018
meet_title: Auckland TC - 21 December 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: AGodsalve
meet_pm1: ADooley
meet_pm2: none
name: Auckland TC