NZ Metro TC 24 August 2017 – R 2 – Chair, Mr R McKenzie
ID: JCA17173
Meet Title:
NZ Metro TC - 24 August 2017
Meet Chair:
RMcKenzie
Meet Committee Member 1:
DAnderson
Race Date:
2017/08/24
Race Number:
R2
Decision:
Ms Ottley having admitted the breach, the charge was found proved.
Penalty:
Ms Ottley was fined the sum of $250.
Facts:
Following the running of Race 2, Lindauer Available on Race Nights Trot, an information was filed by Chief Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Ms S J Ottley, alleging that, as the driver of MICHELLE in the race, she “drove carelessly when striking the wheel of BRIGHT GLOW (I R Cameron) near the 700 metres”.
Ms Ottley was present at the hearing of the information and she indicated that she admitted the breach.
Rule 869 provides as follows:
(3) No horseman in any race shall drive:-
(b) carelessly.
Mr Ydgren showed to the hearing video replays of the relevant part of the race. He pointed out, as the field raced past the 800 metres, BRIGHT GLOW, driven by Mr Cameron racing in the one/one position being followed by Ms Ottley on the eventual winner, MICHELLE. Ms Ottley then pulled out to improve her position. Her horse then “raced roughly for several strides”. Mr Cameron subsequently confirmed to Stewards that it was at that point that his wheel was struck and the tyre deflated, Mr Ydgren said.
Ms Ottley said that she was unaware at the time that Mr Cameron’s wheel had been struck. She explained that this was the first time that the mare had trotted in a race and she was “a bit rough-going” in her gait in any event. She was pacing-bred and had a long stride. Ms Ottley accepted, after hearing Mr Cameron and viewing the videos, that she had struck Mr Cameron’s wheel in the incident.
Submissions for Penalty:
Mr Ydgren informed the Committee that Ms Ottley has had 22 drives in the season to date prior to tonight’s meeting. Last season she had a total of 543 drives and had 410 in the 2015/2016 season. She is one of the busiest drivers and has an excellent record with no breaches of the Rule during the past 12 months, Mr Ydgren said.
Ms Ottley should receive credit for that good record and also for admitting the breach at the first opportunity, Mr Ydgren submitted.
Mr Ydgren referred to the Penalty Guide starting point of a 10 drives’ suspension or a $500 fine for a breach of the Rule. He also referred to the penalty starting point in the Guide for “hitting a wheel” of 4 drives or a $200 fine. The level of carelessness, on this occasion, was “low level” having regard to the fact that no other runner was affected. Mr Cameron had told Stewards that the chances of his horse finishing in a stakes-bearing placing had not been affected., Mr Ydgren said.
Ms Ottley did not wish to make any submissions in relation to penalty.
Reasons for Penalty:
In determining penalty, the Committee took the Penalty Guide starting point of a $500 fine, a suspension not being appropriate in this case. Ms Ottley’s carelessness was at the very low end on this occasion and, accordingly, the Committee reduced the starting point to $400. There were then two mitigating factors to take into account in determining penalty. Firstly, Ms Ottley’s record which, we agreed with Mr Ydgren, was excellent. Secondly, we have given Ms Ottley credit for her frank admission of the breach. Finally, while not a mitigating factor, the Committee noted that Ms Ottley could have been charged with the lesser charge of striking a wheel, which charge involves a lower starting point than that for careless driving. The Committee decided that, having regard to that and the two mitigating factors referred to, the combination of those factors warranted a discount from the starting point, in this case, of $150.
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: d67c8f3d4399fdc3f5a49cdf44338f25
informantnumber: A5529
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: admitted
penaltyrequired: 1
decisiondate: 28/08/2017
hearing_title: NZ Metro TC 24 August 2017 - R 2 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 2, Lindauer Available on Race Nights Trot, an information was filed by Chief Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Ms S J Ottley, alleging that, as the driver of MICHELLE in the race, she “drove carelessly when striking the wheel of BRIGHT GLOW (I R Cameron) near the 700 metres”.
Ms Ottley was present at the hearing of the information and she indicated that she admitted the breach.
Rule 869 provides as follows:
(3) No horseman in any race shall drive:-
(b) carelessly.
Mr Ydgren showed to the hearing video replays of the relevant part of the race. He pointed out, as the field raced past the 800 metres, BRIGHT GLOW, driven by Mr Cameron racing in the one/one position being followed by Ms Ottley on the eventual winner, MICHELLE. Ms Ottley then pulled out to improve her position. Her horse then “raced roughly for several strides”. Mr Cameron subsequently confirmed to Stewards that it was at that point that his wheel was struck and the tyre deflated, Mr Ydgren said.
Ms Ottley said that she was unaware at the time that Mr Cameron’s wheel had been struck. She explained that this was the first time that the mare had trotted in a race and she was “a bit rough-going” in her gait in any event. She was pacing-bred and had a long stride. Ms Ottley accepted, after hearing Mr Cameron and viewing the videos, that she had struck Mr Cameron’s wheel in the incident.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Ms Ottley having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Ydgren informed the Committee that Ms Ottley has had 22 drives in the season to date prior to tonight’s meeting. Last season she had a total of 543 drives and had 410 in the 2015/2016 season. She is one of the busiest drivers and has an excellent record with no breaches of the Rule during the past 12 months, Mr Ydgren said.
Ms Ottley should receive credit for that good record and also for admitting the breach at the first opportunity, Mr Ydgren submitted.
Mr Ydgren referred to the Penalty Guide starting point of a 10 drives’ suspension or a $500 fine for a breach of the Rule. He also referred to the penalty starting point in the Guide for “hitting a wheel” of 4 drives or a $200 fine. The level of carelessness, on this occasion, was “low level” having regard to the fact that no other runner was affected. Mr Cameron had told Stewards that the chances of his horse finishing in a stakes-bearing placing had not been affected., Mr Ydgren said.
Ms Ottley did not wish to make any submissions in relation to penalty.
reasonsforpenalty:
In determining penalty, the Committee took the Penalty Guide starting point of a $500 fine, a suspension not being appropriate in this case. Ms Ottley’s carelessness was at the very low end on this occasion and, accordingly, the Committee reduced the starting point to $400. There were then two mitigating factors to take into account in determining penalty. Firstly, Ms Ottley’s record which, we agreed with Mr Ydgren, was excellent. Secondly, we have given Ms Ottley credit for her frank admission of the breach. Finally, while not a mitigating factor, the Committee noted that Ms Ottley could have been charged with the lesser charge of striking a wheel, which charge involves a lower starting point than that for careless driving. The Committee decided that, having regard to that and the two mitigating factors referred to, the combination of those factors warranted a discount from the starting point, in this case, of $150.
penalty:
Ms Ottley was fined the sum of $250.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr N M Ydgren, Chief Stipendiary Steward
JockeysandTrainer: S J Ottley, Licensed Open Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 8263253f6e97279a630f4d15868cae08
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 31c201945f6e90ba088a0ddf55c83846
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 24/08/2017
meet_title: NZ Metro TC - 24 August 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: DAnderson
meet_pm2: none
name: NZ Metro TC