Archive Decision

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Rangiora HRC 11 October 2011 – R 1

ID: JCA16765

Applicant:
Mr NM Ydgren - Stipendiary Steward

Respondent(s):
Mr RA Reekie - Amateur Driver

Information Number:
A5302

Hearing Type:
Hearing

Rules:
869(3)(b)

Plea:
admitted

Meet Title:
Rangiora HRC - 11 October 2011

Meet Chair:
SChing

Meet Committee Member 1:
JPhelan

Race Date:
2011/10/11

Race Number:
R1

Decision:

As Mr Reekie had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).

Penalty:

Mr Reekie was fined the sum of $250.

Charge:

Alleged breach of Rule 869(3)(b)

Facts:

Following the running of Race 1, the Bishopdale/Bush Inn Your Destination TAB’s Amateur Drivers Mobile Pace, an Information was filed by Stipendiary Steward Mr N Ydgren against Amateur Driver Mr R Reekie alleging a breach of Rule 869(3)(b) in that he allowed FRANCO NARTISCAPE to improve onto the wheel of BOWENVALE causing FRANCO NARTISCAPE to break.
The charge reads as follows:
I, the above named informant allege that the above named Defendant committed a breach of Rule 869(3)(b) in that Mr Reekie allowed his drive to improve onto the sulky wheel of BOWENVALE resulting in Mr Reekie’s horse breaking. This incident occurred near the 1300m.

Rule 869(3)(b) reads as follows:

“(3) No horseman in any race shall drive:-
(b) carelessly:-

Submissions for Decision:

Mr Reekie had indicated on the Information that this breach of the Rules was admitted and he had also indicated to the Stewards that he did not want to be present at the hearing.

Mr Ydgren gave evidence and used video coverage to show that near the 1300m Mr Reekie “FRANCO NARTISCAPE”(9), the second favourite, was trailing “BOWENVALE” (Mr M Shatford) after relinquishing the lead to that horse when he allowed his drive to move onto the back of BOWENVALE striking the sulky. As a result Mr Reekie’s horse broke hampering the trailing runners. Mr Ydgren also submitted that Mr Reekie’s drive lost all chance due to this incident and his driving fell well short of what was expected of a prudent horseman.

Submissions for Penalty:

Mr Ydgren informed the Committee that Mr Reekie had a clear penalty record in regard to this rule. However, he submitted that the standard of driving on this occasion was poor and the Committee should take into consideration that “FRANCO NARTISCAPE” was second favourite and had its chances extinguished through Mr Reekie’s actions. Mr Ydgren submitted that a fine of $250 should be imposed.

Reasons for Penalty:

In determining penalty, the Committee took into account, as mitigating factors, Mr Reekie’s ready admission of the breach and his clear record in regard to this rule. Aggravating factors the Committee took consideration of, was Mr Reekie’s poor standard of driving, in conjunction with “FRANCO NARTISCAPE” chances as second favourite being extinguished due to this incident. The penalty guide indicates a starting point of $400 or 8 drives. Taking all mitigating and aggravating factors into account we, therefore, considered a fine of $250 an appropriate penalty in this case.

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: 9e2b78fb16763aef1c54332488885ebf


informantnumber: A5302


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 11/10/2011


hearing_title: Rangiora HRC 11 October 2011 - R 1


charge:

Alleged breach of Rule 869(3)(b)


facts:

Following the running of Race 1, the Bishopdale/Bush Inn Your Destination TAB’s Amateur Drivers Mobile Pace, an Information was filed by Stipendiary Steward Mr N Ydgren against Amateur Driver Mr R Reekie alleging a breach of Rule 869(3)(b) in that he allowed FRANCO NARTISCAPE to improve onto the wheel of BOWENVALE causing FRANCO NARTISCAPE to break.
The charge reads as follows:
I, the above named informant allege that the above named Defendant committed a breach of Rule 869(3)(b) in that Mr Reekie allowed his drive to improve onto the sulky wheel of BOWENVALE resulting in Mr Reekie’s horse breaking. This incident occurred near the 1300m.

Rule 869(3)(b) reads as follows:

“(3) No horseman in any race shall drive:-
(b) carelessly:-


appealdecision:


isappeal:


submissionsfordecision:

Mr Reekie had indicated on the Information that this breach of the Rules was admitted and he had also indicated to the Stewards that he did not want to be present at the hearing.

Mr Ydgren gave evidence and used video coverage to show that near the 1300m Mr Reekie “FRANCO NARTISCAPE”(9), the second favourite, was trailing “BOWENVALE” (Mr M Shatford) after relinquishing the lead to that horse when he allowed his drive to move onto the back of BOWENVALE striking the sulky. As a result Mr Reekie’s horse broke hampering the trailing runners. Mr Ydgren also submitted that Mr Reekie’s drive lost all chance due to this incident and his driving fell well short of what was expected of a prudent horseman.


reasonsfordecision:


Decision:

As Mr Reekie had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).


sumissionsforpenalty:

Mr Ydgren informed the Committee that Mr Reekie had a clear penalty record in regard to this rule. However, he submitted that the standard of driving on this occasion was poor and the Committee should take into consideration that “FRANCO NARTISCAPE” was second favourite and had its chances extinguished through Mr Reekie’s actions. Mr Ydgren submitted that a fine of $250 should be imposed.


reasonsforpenalty:

In determining penalty, the Committee took into account, as mitigating factors, Mr Reekie’s ready admission of the breach and his clear record in regard to this rule. Aggravating factors the Committee took consideration of, was Mr Reekie’s poor standard of driving, in conjunction with “FRANCO NARTISCAPE” chances as second favourite being extinguished due to this incident. The penalty guide indicates a starting point of $400 or 8 drives. Taking all mitigating and aggravating factors into account we, therefore, considered a fine of $250 an appropriate penalty in this case.


penalty:

Mr Reekie was fined the sum of $250.


hearing_type: Hearing


Rules: 869(3)(b)


Informant: Mr NM Ydgren - Stipendiary Steward


JockeysandTrainer: Mr RA Reekie - Amateur Driver


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: b001d8a725a7dee1c7403fef45133be3


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R1


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: ac03f934a815deb8be202de24466f87f


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 11/10/2011


meet_title: Rangiora HRC - 11 October 2011


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: rangiora-hrc


meet_racingtype: harness-racing


meet_chair: SChing


meet_pm1: JPhelan


meet_pm2: none


name: Rangiora HRC