Kaikoura TC 31 October 2011 – R 6
ID: JCA16409
Meet Title:
Kaikoura TC - 31 October 2011
Meet Chair:
RMcKenzie
Meet Committee Member 1:
JPhelan
Race Date:
2011/10/31
Race Number:
R6
Decision:
Mr McMullan having admitted the charge, the charge was found proved.
Penalty:
Mr McMullan was fined the sum of $250.
Charge:
Careless driving
Facts:
Following the running of Race 6, PGG Wrightson Sales Series Aged Handicap Pace, an information was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Junior Horseman, Mr S W McMullan, alleging a breach of Rule 869 (3) (b) in that “he drove carelessly when attempting to gain a run between STATESMAN (A G Herlihy) and STILL COUGHIN (K M Barron) in the run home”.
Mr McMullan was present at the hearing of the information. He stated that he had earlier been advised in relation to the charge by Licensed Open Horseman, Mr M W McKendry, but Mr McKendry had left the course and Mr McMullan was assisted at the hearing by Licensed Open Horseman, Mr C D Thornley.
Rule 869 provides as follows:
(3) No horseman in any race shall drive:-
(b) carelessly.
Submissions for Decision:
Mr McIntyre pointed out, on a video replay of the final stages of the race, Mr McMullan driving CHARGE FORWARD following STATESMAN (A G Herlihy) with STILL COUGHIN (K M Barron) outside him. Mr McMullan then attempted a run in a gap that was not there and, as a result, his horse suffered interference. He had anticipated a run that did not eventuate, Mr McIntyre submitted. Mr McMullan’s horse was travelling very well at that stage but it was “a high risk manoeuvre”, Mr McIntyre said.
On the head-on replay, Mr McIntyre showed Mr Herlihy coming out in front of Mr McMullan. Mr McMullan also came out but a gap never eventuated.
Mr Thornley submitted that Mr Herlihy had to ease back to get off the back of MALAK USWAAD (R T May). There was initially a gap for Mr McMullan but, when he got there, Mr Herlihy had pulled back and squeezed up Mr McMullan, who himself had to pull back. Mr Thornley described the situation as “a 50/50 call”. It was a case of two drivers going for the same gap, he said.
Submissions for Penalty:
Mr McIntyre said that Mr McMullan had been frank in his admission of the breach. He has had 427 lifetime drives, including 33 in the current season and has not previously breached the careless driving Rule. This was a good record, Mr McIntyre said but it was a $50,000 race. There was no interference caused to any other runner. Mr McIntyre pointed out that Mr McMullan was a Junior Horseman. He submitted that a fine of $300 was appropriate.
Mr McMullan had no submission to make in relation to penalty other than that he preferred a fine to a suspension of his licence.
Reasons for Penalty:
In arriving at penalty, the Committee took into account Mr McMullan’s Junior Driver status, his admission of the breach and his excellent driving record. It also took into account that no other runner was inconvenienced. Against those matters, the Committee noted that the race was for a stake of $50,000. The Committee did not accept Mr Thornley’s submission that, effectively, Mr Herlihy had contributed to the interference to CHARGE FORWARD.
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: b0695df4906acdd6f7813a46c186b9fe
informantnumber: A1012
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 26/10/2011
hearing_title: Kaikoura TC 31 October 2011 - R 6
charge:
Careless driving
facts:
Following the running of Race 6, PGG Wrightson Sales Series Aged Handicap Pace, an information was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Junior Horseman, Mr S W McMullan, alleging a breach of Rule 869 (3) (b) in that “he drove carelessly when attempting to gain a run between STATESMAN (A G Herlihy) and STILL COUGHIN (K M Barron) in the run home”.
Mr McMullan was present at the hearing of the information. He stated that he had earlier been advised in relation to the charge by Licensed Open Horseman, Mr M W McKendry, but Mr McKendry had left the course and Mr McMullan was assisted at the hearing by Licensed Open Horseman, Mr C D Thornley.
Rule 869 provides as follows:
(3) No horseman in any race shall drive:-
(b) carelessly.
appealdecision:
isappeal:
submissionsfordecision:
Mr McIntyre pointed out, on a video replay of the final stages of the race, Mr McMullan driving CHARGE FORWARD following STATESMAN (A G Herlihy) with STILL COUGHIN (K M Barron) outside him. Mr McMullan then attempted a run in a gap that was not there and, as a result, his horse suffered interference. He had anticipated a run that did not eventuate, Mr McIntyre submitted. Mr McMullan’s horse was travelling very well at that stage but it was “a high risk manoeuvre”, Mr McIntyre said.
On the head-on replay, Mr McIntyre showed Mr Herlihy coming out in front of Mr McMullan. Mr McMullan also came out but a gap never eventuated.
Mr Thornley submitted that Mr Herlihy had to ease back to get off the back of MALAK USWAAD (R T May). There was initially a gap for Mr McMullan but, when he got there, Mr Herlihy had pulled back and squeezed up Mr McMullan, who himself had to pull back. Mr Thornley described the situation as “a 50/50 call”. It was a case of two drivers going for the same gap, he said.
reasonsfordecision:
Decision:
Mr McMullan having admitted the charge, the charge was found proved.
sumissionsforpenalty:
Mr McIntyre said that Mr McMullan had been frank in his admission of the breach. He has had 427 lifetime drives, including 33 in the current season and has not previously breached the careless driving Rule. This was a good record, Mr McIntyre said but it was a $50,000 race. There was no interference caused to any other runner. Mr McIntyre pointed out that Mr McMullan was a Junior Horseman. He submitted that a fine of $300 was appropriate.
Mr McMullan had no submission to make in relation to penalty other than that he preferred a fine to a suspension of his licence.
reasonsforpenalty:
In arriving at penalty, the Committee took into account Mr McMullan’s Junior Driver status, his admission of the breach and his excellent driving record. It also took into account that no other runner was inconvenienced. Against those matters, the Committee noted that the race was for a stake of $50,000. The Committee did not accept Mr Thornley’s submission that, effectively, Mr Herlihy had contributed to the interference to CHARGE FORWARD.
penalty:
Mr McMullan was fined the sum of $250.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: N G McIntyre, Stipendiary Steward
JockeysandTrainer: S W McMullan, Licensed Junior Horseman
Otherperson: C D Thornley, Licensed Open Horseman
PersonPresent:
Respondent:
StipendSteward:
raceid: ae75269065a76684b01c6a4d15f88f35
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 7f7c642d11f706d089c2c7f9aed52287
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 31/10/2011
meet_title: Kaikoura TC - 31 October 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: kaikoura-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: JPhelan
meet_pm2: none
name: Kaikoura TC