Franklin TC 25 May 2012 – R 9
ID: JCA16272
Meet Title:
Franklin TC - 25 May 2012
Meet Chair:
GJones
Meet Committee Member 1:
ADooley
Race Date:
2012/05/25
Race Number:
R 9
Decision:
The breach is admitted and is therefore proved.
Penalty:
Having taken all matters into account we impose a penalty of $300.
Charge:
The information alleged that “Horseman F Cooney drove Shards of Ice striking the wheel of the sulky of Ralph (D Butcher) causing his own horse to break and interference to Naenae Tabman (A Donnelly) rounding the final bend”.
Facts:
Mr Muirhead demonstrated the incident by way of available head and side-on video footage. He told the Judicial Committee (the ‘Committee’) that Mr Cooney was the driver of Shards of Ice. He said that as the field approached the 400m mark in the race Shards of Ice was travelling four back and one out. Ralph driven by Mr D Butcher was positioned directly in front of Shards of Ice and Naenae Tabman driven by Ms A Donnelly was positioned behind Shards of Ice.
Mr Muirhead told the Committee that Mr Cooney eased Shards of Ice out and in doing so he contacted the sulky wheel of Ralph and caused Shards of Ice to break and run out. As a result the progress of Naenae Tabman was interfered with.
Mr Cooney agreed with the assessment of the incident and he freely acknowledged that when he eased out he touched the sulky wheel of Ralph and caused resultant interference to Naenae Tabman.
Submissions for Penalty:
Mr Muirhead submitted that the JCA guidelines establish a starting point for a breach of this nature at 10 drives or $500 fine (hitting a wheel and causing interference to others). He said that Mr Cooney is a busy and experienced driver and his record over the past 12 months is very good. He further submitted that Mr Cooney cooperated with the Stewards enquiry into the incident and he ought to be given credit for his early admission of the breach.
Mr Cooney submitted that the starting point, set by JCA guidelines, for a breach of this particular rule is “ludicrous”. He said that the breach merited a fine of $100 given that the winning driving fee for the race was no more than $140. Mr Cooney had nothing further to add in terms of penalty.
Reasons for Penalty:
The committee independently reviewed the breach and determined that it was mid to high range because Mr Cooney not only affected the chances of his own horse but also the chances of Naenae Tabman.
In assessing penalty the Committee gave careful consideration to the submissions of both the Informant and Defendant and also considered the Penalty Guidelines for Committees as well as recent penalties for similar breaches.
We have given Mr Cooney credit for his early admission and good driving record.
JCA Decision Fields (raw)
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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: d283bafa0da729cf28aceff50b742b9a
informantnumber: 4621
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 24/05/2012
hearing_title: Franklin TC 25 May 2012 - R 9
charge:
The information alleged that “Horseman F Cooney drove Shards of Ice striking the wheel of the sulky of Ralph (D Butcher) causing his own horse to break and interference to Naenae Tabman (A Donnelly) rounding the final bend”.
facts:
Mr Muirhead demonstrated the incident by way of available head and side-on video footage. He told the Judicial Committee (the ‘Committee’) that Mr Cooney was the driver of Shards of Ice. He said that as the field approached the 400m mark in the race Shards of Ice was travelling four back and one out. Ralph driven by Mr D Butcher was positioned directly in front of Shards of Ice and Naenae Tabman driven by Ms A Donnelly was positioned behind Shards of Ice.
Mr Muirhead told the Committee that Mr Cooney eased Shards of Ice out and in doing so he contacted the sulky wheel of Ralph and caused Shards of Ice to break and run out. As a result the progress of Naenae Tabman was interfered with.
Mr Cooney agreed with the assessment of the incident and he freely acknowledged that when he eased out he touched the sulky wheel of Ralph and caused resultant interference to Naenae Tabman.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The breach is admitted and is therefore proved.
sumissionsforpenalty:
Mr Muirhead submitted that the JCA guidelines establish a starting point for a breach of this nature at 10 drives or $500 fine (hitting a wheel and causing interference to others). He said that Mr Cooney is a busy and experienced driver and his record over the past 12 months is very good. He further submitted that Mr Cooney cooperated with the Stewards enquiry into the incident and he ought to be given credit for his early admission of the breach.
Mr Cooney submitted that the starting point, set by JCA guidelines, for a breach of this particular rule is “ludicrous”. He said that the breach merited a fine of $100 given that the winning driving fee for the race was no more than $140. Mr Cooney had nothing further to add in terms of penalty.
reasonsforpenalty:
The committee independently reviewed the breach and determined that it was mid to high range because Mr Cooney not only affected the chances of his own horse but also the chances of Naenae Tabman.
In assessing penalty the Committee gave careful consideration to the submissions of both the Informant and Defendant and also considered the Penalty Guidelines for Committees as well as recent penalties for similar breaches.
We have given Mr Cooney credit for his early admission and good driving record.
penalty:
Having taken all matters into account we impose a penalty of $300.
hearing_type: Hearing
Rules: 869(4)
Informant: Mr J Muirhead - Stipendiary Steward
JockeysandTrainer: Mr F Cooney - Senior Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: a7ce2fd2a69c20b887d11b19b6cea6ba
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: aa773f8d35063860a321684908703281
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 25/05/2012
meet_title: Franklin TC - 25 May 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: franklin-tc
meet_racingtype: harness-racing
meet_chair: GJones
meet_pm1: ADooley
meet_pm2: none
name: Franklin TC