Westport TC 8 March 2013 – R7
ID: JCA16790
Meet Title:
Westport TC - 8 March 2013
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2013/03/08
Race Number:
R7
Decision:
Mr Davis having admitted the breach, the charge was found proved.
Penalty:
Mr Davis was fined the sum of $200.00.
Charge:
Driving in a manner likely to cause interference.
Facts:
Following the running of Race 7, F T Dooley Limited Kawatiri Cup, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Horseman, Mr P J Davis, alleging that Mr Davis, as the driver of SIMPLE SAVER in the race, “shifted his horse down the track and over track markers where sufficient room did not exist which, in the opinion of the Stewards, was likely to cause interference”.
Mr Davis had signed the Statement by the Respondent on the information form indicating that he admitted the breach. Mr Renault confirmed to the Committee that Mr Davis did not wish to be present at the hearing of the information.
Rule 869 provides as follows:
(4) No horseman shall during any race do anything which interferes with his own horse and/or any other horse or its progress.
Submissions for Decision:
Mr Renault showed a video replay of the relevant portion of the race as the field turned into the final straight. He pointed out Mr Davis, driving SIMPLE SAVER, racing in the trail behind the leader, FORMIDABLE. There was no clear run for the horse on the inside. Inside the final 200 metres, Mr Davis attempted a run on the inside of the leader. Mr Renault submitted that there was only a half gap – room for the horse, but not the sulky. In doing so, the horse ran over three track markers.
Mr Renault submitted that Mr Davis had anticipated a run that was never there, hoping that a gap would appear.
Mr Renault submitted that the breach was at the lower end of the scale. SIMPLE SAVER finished in 5th placing in the race and would have finished no better than that placing regardless of whether or not he had attempted the inside run, Mr Renault submitted.
Submissions for Penalty:
Mr Renault submitted that the starting point recommended by the Penalty Guide is a fine of $300. He referred to the fact that Mr Davis had admitted the breach and informed the Committee that Mr Davis has a clear record under the Rule. The breach was regarded by the Stewards as being at the lower end of the scale, he said.
Mr Davis is an experienced horseman. He has had 156 drives in the current season and had a total of 260 drives in the 2011/2012 season, Mr Renault said.
Mr Renault submitted that a fine of $200 was appropriate.
Reasons for Penalty:
The Penalty Guide recommends a starting point of $300 for a breach of the Rule. Mitigating factors were Mr Davis’s open admission of the breach, his good record and the fact that the breach was at the lower end of the scale. The Committee agrees with the Stewards’ assessment of the seriousness of the breach. The Committee took the starting point of $300 but discounted that figure by $100 for the mitigating factors referred to.
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: a0f0f230be4dd06e0e8db54a3d73eedd
informantnumber: A4975
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 10/03/2013
hearing_title: Westport TC 8 March 2013 - R7
charge:
Driving in a manner likely to cause interference.
facts:
Following the running of Race 7, F T Dooley Limited Kawatiri Cup, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Horseman, Mr P J Davis, alleging that Mr Davis, as the driver of SIMPLE SAVER in the race, “shifted his horse down the track and over track markers where sufficient room did not exist which, in the opinion of the Stewards, was likely to cause interference”.
Mr Davis had signed the Statement by the Respondent on the information form indicating that he admitted the breach. Mr Renault confirmed to the Committee that Mr Davis did not wish to be present at the hearing of the information.
Rule 869 provides as follows:
(4) No horseman shall during any race do anything which interferes with his own horse and/or any other horse or its progress.
appealdecision:
isappeal:
submissionsfordecision:
Mr Renault showed a video replay of the relevant portion of the race as the field turned into the final straight. He pointed out Mr Davis, driving SIMPLE SAVER, racing in the trail behind the leader, FORMIDABLE. There was no clear run for the horse on the inside. Inside the final 200 metres, Mr Davis attempted a run on the inside of the leader. Mr Renault submitted that there was only a half gap – room for the horse, but not the sulky. In doing so, the horse ran over three track markers.
Mr Renault submitted that Mr Davis had anticipated a run that was never there, hoping that a gap would appear.
Mr Renault submitted that the breach was at the lower end of the scale. SIMPLE SAVER finished in 5th placing in the race and would have finished no better than that placing regardless of whether or not he had attempted the inside run, Mr Renault submitted.
reasonsfordecision:
Decision:
Mr Davis having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Renault submitted that the starting point recommended by the Penalty Guide is a fine of $300. He referred to the fact that Mr Davis had admitted the breach and informed the Committee that Mr Davis has a clear record under the Rule. The breach was regarded by the Stewards as being at the lower end of the scale, he said.
Mr Davis is an experienced horseman. He has had 156 drives in the current season and had a total of 260 drives in the 2011/2012 season, Mr Renault said.
Mr Renault submitted that a fine of $200 was appropriate.
reasonsforpenalty:
The Penalty Guide recommends a starting point of $300 for a breach of the Rule. Mitigating factors were Mr Davis’s open admission of the breach, his good record and the fact that the breach was at the lower end of the scale. The Committee agrees with the Stewards’ assessment of the seriousness of the breach. The Committee took the starting point of $300 but discounted that figure by $100 for the mitigating factors referred to.
penalty:
Mr Davis was fined the sum of $200.00.
hearing_type: Hearing
Rules: 869(4)
Informant: SP Renault - Stipendiary Steward
JockeysandTrainer: PJ Davis - Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: b3d78d9b2e045c3ab23c8dae902674f3
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: dce0890cd61be796fa170ec95dc24add
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 08/03/2013
meet_title: Westport TC - 8 March 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: westport-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: SChing
meet_pm2: none
name: Westport TC