Amberley TC 8 February 2016 – R 1 – Chair, Mr R McKenzie
ID: JCA16940
Meet Title:
Amberley TC - 8 February 2016
Meet Chair:
RMcKenzie
Meet Committee Member 1:
GClapp
Race Date:
2016/02/08
Race Number:
R1
Decision:
Mr Jones having admitted the charge, the charge was found proved.
Penalty:
Mr Jones was fined the sum of $200.
Facts:
Following the running of Race 1, Avon City Ford – Cavalier Trotting Products Trot, an information was filed by Stipendiary Steward, Mr R A Quirk, against Licensed Open Horseman, Mr M P Jones, alleging that Mr Jones, as the driver of BODECIA in the race, “struck the wheel of ELLA LAVRA (S J Ottley) with 1200 metres to run causing the tyre of ELLA LAVRA to deflate”.
Mr Jones was present at the hearing of the information and he indicated that he admitted the charge.
Rule 869 provides as follows:
(4) No horseman shall during any race do anything which interferes or is likely to interfere with any other horse or its progress.
Mr Quirk showed video replays of the relevant part of the race, with approximately 1200 metres to run. He pointed out Mr Jones, driving BODECIA, racing towards the rear of the field and in the one-out line following ELLA LAVRA, driven by Miss Ottley. Mr Quirk pointed out on the video replay that Miss Ottley looked down and over her left shoulder on a couple of occasions at that point, her sulky wheel having been struck by Mr Jones from behind. Miss Ottley later reported to the Stewards that her left-hand sulky wheel had been struck and had deflated as a result.
Mr Jones said that he accepted that he had hit the tyre of the sulky of Miss Ottley’s runner as alleged. He explained that he had removed a special bit from his horse for today’s race that stopped it from pulling, as the horse had been taken off the unruly mark. He said that when Miss Ottley “took off” it was not his intention to follow her but his horse got too close and struck the wheel.
Submissions for Penalty:
Mr Quirk referred to the Penalty Guide which provided a starting point for a breach of the Rule for hitting a wheel of 4 drives or a $200 fine. He said that Mr Jones has a clear record under the Rule. He has had 114 drives this season. Mr Jones had cooperated with Stewards and had frankly admitted the breach, Mr Quirk said. He submitted that a fine of $200 was an appropriate penalty.
Mr Jones submitted that the Committee should have regard to his admission of the breach and his good record.
Reasons for Penalty:
In determining penalty, the Committee had regard to the Penalty Guide which provides a starting point for a breach of the Rule in hitting a wheel of 4 drives or a $200 fine. A suspension was not an appropriate penalty in this case.
The Committee noted that most fines for breaches of the Rule in hitting a wheel were not less than $200 and the Committee considered that the fine for hitting a wheel and deflating a tyre in the process should be not less than $200. Notwithstanding the mitigating factors in this case, to which Mr Quirk and Mr Jones referred, and the low-end nature of the breach, the Committee considered the appropriate penalty to be a fine of $200.
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: b52cda13da641bab93fd55744ea5c688
informantnumber: A1495
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Driving in Manner Causing Interference
plea: admitted
penaltyrequired: 1
decisiondate: 10/02/2016
hearing_title: Amberley TC 8 February 2016 - R 1 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 1, Avon City Ford – Cavalier Trotting Products Trot, an information was filed by Stipendiary Steward, Mr R A Quirk, against Licensed Open Horseman, Mr M P Jones, alleging that Mr Jones, as the driver of BODECIA in the race, “struck the wheel of ELLA LAVRA (S J Ottley) with 1200 metres to run causing the tyre of ELLA LAVRA to deflate”.
Mr Jones was present at the hearing of the information and he indicated that he admitted the charge.
Rule 869 provides as follows:
(4) No horseman shall during any race do anything which interferes or is likely to interfere with any other horse or its progress.
Mr Quirk showed video replays of the relevant part of the race, with approximately 1200 metres to run. He pointed out Mr Jones, driving BODECIA, racing towards the rear of the field and in the one-out line following ELLA LAVRA, driven by Miss Ottley. Mr Quirk pointed out on the video replay that Miss Ottley looked down and over her left shoulder on a couple of occasions at that point, her sulky wheel having been struck by Mr Jones from behind. Miss Ottley later reported to the Stewards that her left-hand sulky wheel had been struck and had deflated as a result.
Mr Jones said that he accepted that he had hit the tyre of the sulky of Miss Ottley’s runner as alleged. He explained that he had removed a special bit from his horse for today’s race that stopped it from pulling, as the horse had been taken off the unruly mark. He said that when Miss Ottley “took off” it was not his intention to follow her but his horse got too close and struck the wheel.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Jones having admitted the charge, the charge was found proved.
sumissionsforpenalty:
Mr Quirk referred to the Penalty Guide which provided a starting point for a breach of the Rule for hitting a wheel of 4 drives or a $200 fine. He said that Mr Jones has a clear record under the Rule. He has had 114 drives this season. Mr Jones had cooperated with Stewards and had frankly admitted the breach, Mr Quirk said. He submitted that a fine of $200 was an appropriate penalty.
Mr Jones submitted that the Committee should have regard to his admission of the breach and his good record.
reasonsforpenalty:
In determining penalty, the Committee had regard to the Penalty Guide which provides a starting point for a breach of the Rule in hitting a wheel of 4 drives or a $200 fine. A suspension was not an appropriate penalty in this case.
The Committee noted that most fines for breaches of the Rule in hitting a wheel were not less than $200 and the Committee considered that the fine for hitting a wheel and deflating a tyre in the process should be not less than $200. Notwithstanding the mitigating factors in this case, to which Mr Quirk and Mr Jones referred, and the low-end nature of the breach, the Committee considered the appropriate penalty to be a fine of $200.
penalty:
Mr Jones was fined the sum of $200.
hearing_type: Hearing
Rules: 869(4)
Informant: R A Quirk, Stipendiary Steward
JockeysandTrainer: M P Jones, Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 708d409e0b74393b661c2e7a2a0764dc
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: f2e7610bd8ea2a2a896fa5f1b5616b9b
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 08/02/2016
meet_title: Amberley TC - 8 February 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: amberley-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: GClapp
meet_pm2: none
name: Amberley TC