Banks Peninsula TC 29 December 2020 – R 4 – Chair Mr S Ching
ID: JCA17166
Meet Title:
Banks Peninsula TC - 29 December 2020
Meet Chair:
SChing
Race Date:
2020/12/29
Race Number:
R9
Decision:
As Mrs Lethaby had admitted the breach the charge was found proved.
Penalty:
Accordingly, Mrs Lethaby is suspended from the conclusion of racing today 29 December 2020 up to and including 3 January 2021. Relevant meetings encompassed in this term of suspension are Omakau on 2 January and Rangiora on 3 January 2021.
Facts:
Following the running of Race 4, the Rosedale Farm 2021 Yearling Draft Mobile Pace, an Information was filed by Stipendiary Steward, Mr V Munro against Open Driver, Mrs A Lethaby, alleging a breach of Rule 869(3)(b) in that she shifted inwards when not clear of EMMA’S GIRL near the 1500m causing a check.
Mrs Lethaby had indicated on the Information that this breach of the Rules was admitted which she confirmed to the hearing. Mrs Lethaby also acknowledged that she understood the Rule and charge bought against her.
Rule 869(3)(b) reads as follows:
“(3) No horseman in any race shall drive:-
(b) carelessly
Mr Munro, with the assistance of General Manager of Stewards, Mr N McIntyre, gave evidence and used video coverage to demonstrate that approaching the 1500m BETTOR ACHIEVER, driven by Mrs Lethaby, was racing one off the pylons with EMMA’S GIRL, driven by Mr T Williams, racing on the pylons and inside Mrs Lethaby. Mr McIntyre showed on the films, Mrs Lethaby attempt to shift down into a gap on the pylons in front of Mr Williams. He said that Mrs Lethaby was not clear of Mr Williams in this manoeuvre and as a result Mr Williams had to check but did not lose a lot of ground. Mr McIntyre stated that Mrs Lethaby was a little unlucky as the pace had eased and Mr Williams was improving on the pylons as she made her move to shift down into the gap.
Mrs Lethaby stated that as she has gone to pull down, the horse in front of her had eased to hand up the parked position. She added that there was room as she went to shift down into the gap but with the pace easing and Mr Williams improving through on the pylons, that room decreased causing the check to Mr Williams.
Submissions for Penalty:
Mr Munro stated that Mrs Lethaby has had lifetime drives of 1,539, this season to date 42 and last season 87 season. He said that Mrs Lethaby had a clear record in regard to this Rule within the previous 6 months period. He stated that the JCA Penalty Guide provided a 10-drive suspension for shifting ground causing interference for a breach of this Rule. He submitted that a 2-to-3-day suspension be considered as penalty in this case.
Mrs Lethaby submitted that there are a couple of mitigating factors, as noted above, for the Committee to consider when assessing penalty. She informed the Committee that she normally drove on 3 to 4 occasions per meeting, which the Stewards confirmed. Mrs Lethaby did not seek a deferment of suspension and requested any suspension start as soon as possible.
Reasons for Penalty:
The JCA Penalty Guide provides a starting point of a 10-drive suspension for a breach of this Rule, where the breach is for shifting ground, causing interference. The Committee assessed this breach as low to mid with mitigating factors as noted in submissions. There are no aggravating factors to consider therefore no uplift in penalty. Mitigating factors were Mrs Lethaby’s frank admission of the breach and her clear record. Taking all factors into consideration the Committee determined that a 2-day suspension was 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: d4e10619cfaac8b6f070583ddd07c03c
informantnumber: A13289
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless driving
plea: admitted
penaltyrequired: 1
decisiondate: 31/12/2020
hearing_title: Banks Peninsula TC 29 December 2020 - R 4 - Chair Mr S Ching
charge:
facts:
Following the running of Race 4, the Rosedale Farm 2021 Yearling Draft Mobile Pace, an Information was filed by Stipendiary Steward, Mr V Munro against Open Driver, Mrs A Lethaby, alleging a breach of Rule 869(3)(b) in that she shifted inwards when not clear of EMMA’S GIRL near the 1500m causing a check.
Mrs Lethaby had indicated on the Information that this breach of the Rules was admitted which she confirmed to the hearing. Mrs Lethaby also acknowledged that she understood the Rule and charge bought against her.
Rule 869(3)(b) reads as follows:
“(3) No horseman in any race shall drive:-
(b) carelessly
Mr Munro, with the assistance of General Manager of Stewards, Mr N McIntyre, gave evidence and used video coverage to demonstrate that approaching the 1500m BETTOR ACHIEVER, driven by Mrs Lethaby, was racing one off the pylons with EMMA’S GIRL, driven by Mr T Williams, racing on the pylons and inside Mrs Lethaby. Mr McIntyre showed on the films, Mrs Lethaby attempt to shift down into a gap on the pylons in front of Mr Williams. He said that Mrs Lethaby was not clear of Mr Williams in this manoeuvre and as a result Mr Williams had to check but did not lose a lot of ground. Mr McIntyre stated that Mrs Lethaby was a little unlucky as the pace had eased and Mr Williams was improving on the pylons as she made her move to shift down into the gap.
Mrs Lethaby stated that as she has gone to pull down, the horse in front of her had eased to hand up the parked position. She added that there was room as she went to shift down into the gap but with the pace easing and Mr Williams improving through on the pylons, that room decreased causing the check to Mr Williams.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mrs Lethaby had admitted the breach the charge was found proved.
sumissionsforpenalty:
Mr Munro stated that Mrs Lethaby has had lifetime drives of 1,539, this season to date 42 and last season 87 season. He said that Mrs Lethaby had a clear record in regard to this Rule within the previous 6 months period. He stated that the JCA Penalty Guide provided a 10-drive suspension for shifting ground causing interference for a breach of this Rule. He submitted that a 2-to-3-day suspension be considered as penalty in this case.
Mrs Lethaby submitted that there are a couple of mitigating factors, as noted above, for the Committee to consider when assessing penalty. She informed the Committee that she normally drove on 3 to 4 occasions per meeting, which the Stewards confirmed. Mrs Lethaby did not seek a deferment of suspension and requested any suspension start as soon as possible.
reasonsforpenalty:
The JCA Penalty Guide provides a starting point of a 10-drive suspension for a breach of this Rule, where the breach is for shifting ground, causing interference. The Committee assessed this breach as low to mid with mitigating factors as noted in submissions. There are no aggravating factors to consider therefore no uplift in penalty. Mitigating factors were Mrs Lethaby’s frank admission of the breach and her clear record. Taking all factors into consideration the Committee determined that a 2-day suspension was an appropriate penalty in this case.
penalty:
Accordingly, Mrs Lethaby is suspended from the conclusion of racing today 29 December 2020 up to and including 3 January 2021. Relevant meetings encompassed in this term of suspension are Omakau on 2 January and Rangiora on 3 January 2021.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr V Munro - Stipendiary Steward
JockeysandTrainer: Mrs A Lethaby - Open Driver
Otherperson: Mr N McIntyre - General Manager of Stewards
PersonPresent:
Respondent:
StipendSteward:
raceid: 41c6a2112706bc43a2fc1e8c386e3df0
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 61ea7d8061b1310fb46390ea0a998b7a
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 29/12/2020
meet_title: Banks Peninsula TC - 29 December 2020
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: banks-peninsula-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: none
meet_pm2: none
name: Banks Peninsula TC