NZ Metro TC 6 September 2013 – R 9
ID: JCA17220
Meet Title:
NZ Metro TC - 6 September 2013
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2013/09/06
Race Number:
R9
Decision:
The charge was found to be proved.
Penalty:
On resumption of the hearing we informed Mr Thomas that he was fined the sum of $250.
Charge:
Careless driving.
Facts:
Following the running of Race 9, the Metalcorp NZ Ltd Young At Heart Series Mobile Pace, an information was filed by Stipendiary Steward Mr S Wallis against Junior Horseman Mr B Thomas alleging a breach of Rule 869(3)(b) in that he drove carelessly when driving FORUM near the 1500m.
Mr Thomas had indicated on the Information that this breach of the Rules was admitted and that he understood the Rule it was brought under. Mr Thomas, as a Junior Driver, was entitled to have assistance at the hearing but informed the Committee that he had received assistance at the initial enquiry and was comfortable to represent himself at the hearing.
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 passing the 1500metres, driver B Thomas FORUM shifted ground inwards when not clear of TOWN ICON (C McDowell) which broke.”
Rule 869(3)(b) reads as follows:
“(3) No horseman in any race shall drive:-
(b) carelessly:-"
Submissions for Decision:
Mr Wallis, assisted by Co-Chief Stipendiary Steward Mr N McIntyre, gave evidence and used video coverage to show that rounding the bend near the 1500m, Mr Thomas driving FORUM and positioned in the parked position, shifted in when not clear of TOWN ICON, driven by Mr McDowell, causing that horse to break and lose 5 to 6 lengths. Mr McIntyre stated that following the incident TOWN ICON had settled back in the field instead of in a better position midfield.
Mr Wallis submitted that as a further consequence to the incident, FORUM had suffered a punctured tyre and was retired from the event with the tube wrapped around the sulky wheel.
Mr Thomas stated that there was room initially to shift inwards but conceded that he had not given Mr McDowell enough room when carrying out the manoeuvre and had misjudged the movement.
Reasons for Decision:
As Mr Thomas had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Submissions for Penalty:
Mr Wallis informed the Committee that Mr Thomas was a reasonably busy Junior Driver having had 202 drives last season with 13 so far this season. He said the JCA Penalty Guide indicated a fine of $400 or suspension of 2 weeks for a breach of this Rule. He stated that Mr Thomas had a clear record and credit should be given for his ready admission of the breach. Mr Wallis submitted that a fine of $300 be considered.
Mr Thomas said that he would prefer a fine to a suspension but wanted the Committee to appreciate that he was a Junior Driver with limited means.
Reasons for Penalty:
In determining penalty, the Committee took into account Mr Thomas’ ready admission of the breach, his good record and his status as a Junior Driver. We also looked at the Penalty Guide and penalties imposed for past similar breaches of this Rule and decided that an appropriate penalty was a fine of $250.
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: eb87b7ab62b7e031af531360a7bffa5b
informantnumber: A1892
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 01/09/2013
hearing_title: NZ Metro TC 6 September 2013 - R 9
charge:
Careless driving.
facts:
Following the running of Race 9, the Metalcorp NZ Ltd Young At Heart Series Mobile Pace, an information was filed by Stipendiary Steward Mr S Wallis against Junior Horseman Mr B Thomas alleging a breach of Rule 869(3)(b) in that he drove carelessly when driving FORUM near the 1500m.
Mr Thomas had indicated on the Information that this breach of the Rules was admitted and that he understood the Rule it was brought under. Mr Thomas, as a Junior Driver, was entitled to have assistance at the hearing but informed the Committee that he had received assistance at the initial enquiry and was comfortable to represent himself at the hearing.
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 passing the 1500metres, driver B Thomas FORUM shifted ground inwards when not clear of TOWN ICON (C McDowell) which broke.”
Rule 869(3)(b) reads as follows:
“(3) No horseman in any race shall drive:-
(b) carelessly:-"
appealdecision:
isappeal:
submissionsfordecision:
Mr Wallis, assisted by Co-Chief Stipendiary Steward Mr N McIntyre, gave evidence and used video coverage to show that rounding the bend near the 1500m, Mr Thomas driving FORUM and positioned in the parked position, shifted in when not clear of TOWN ICON, driven by Mr McDowell, causing that horse to break and lose 5 to 6 lengths. Mr McIntyre stated that following the incident TOWN ICON had settled back in the field instead of in a better position midfield.
Mr Wallis submitted that as a further consequence to the incident, FORUM had suffered a punctured tyre and was retired from the event with the tube wrapped around the sulky wheel.
Mr Thomas stated that there was room initially to shift inwards but conceded that he had not given Mr McDowell enough room when carrying out the manoeuvre and had misjudged the movement.
reasonsfordecision:
As Mr Thomas had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Decision:
The charge was found to be proved.
sumissionsforpenalty:
Mr Wallis informed the Committee that Mr Thomas was a reasonably busy Junior Driver having had 202 drives last season with 13 so far this season. He said the JCA Penalty Guide indicated a fine of $400 or suspension of 2 weeks for a breach of this Rule. He stated that Mr Thomas had a clear record and credit should be given for his ready admission of the breach. Mr Wallis submitted that a fine of $300 be considered.
Mr Thomas said that he would prefer a fine to a suspension but wanted the Committee to appreciate that he was a Junior Driver with limited means.
reasonsforpenalty:
In determining penalty, the Committee took into account Mr Thomas’ ready admission of the breach, his good record and his status as a Junior Driver. We also looked at the Penalty Guide and penalties imposed for past similar breaches of this Rule and decided that an appropriate penalty was a fine of $250.
penalty:
On resumption of the hearing we informed Mr Thomas that he was fined the sum of $250.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: S Wallis-Stipendiary Steward
JockeysandTrainer: B Thomas-Junior Horseman
Otherperson: Mr N McIntyre - Co-Chief Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 348a787520e1e2617ccd0c3f962dfbad
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: 154b54f61734514ca47ca4d44fcf7e5f
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 06/09/2013
meet_title: NZ Metro TC - 6 September 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: NZ Metro TC