Nelson HRC 9 January 2015 – R7
ID: JCA17230
Meet Title:
Nelson HRC - 9 January 2015
Meet Chair:
PWilliams
Meet Committee Member 1:
TUtikere
Race Date:
2015/01/09
Race Number:
R7
Decision:
As Ms Adams admitted the breach the charge was found proved.
Penalty:
Ms Adams is fined $200.
Facts:
Following the running of race 7 the “Jennex Painting Mobile Pace” Information A6335 was filed by Stipendiary Steward Mr S Wallis alleging a beach of Rule 869 (3)(b) by Graduation Horseman (sic) Ms K Adams . The Information stated “entering the back straight on the final occasion you allowed your runner “Pilot Officer” to strike the sulky wheel of “Lovemetwotimes” which was consequently damaged to the extent that required the horse to be pulled up”. Ms Adams signed the Information admitting the breach and confirmed this at the hearing and also that she understood the Rule.
Rule 869 (3)(b) states:- “No horseman in any race shall drive carelessly”.
Submissions for Decision:
Mr Wallis used the head-on film of the horses entering the back straight for the last time to identify Ms Adams moving from a position on the rail at the rear of the field to a one out position trailing “Lovemetwotimes” driven by Ms Ottley. He said Ms Adams allowed her horse to close up behind “Lovemetwotimes” and Ms Ottley could be seen attempting to bump the horse off her sulky wheel but was unable to do so. He said “Pilot Officer” hit the near side sulky wheel of “Lovemetwotimes” causing the tyre and tube to come off and whilst Ms Ottley continued on for a short distance she then had no option but to retire her horse from the race.
To a question from the Committee, given the wording of the Information that said the wheel was damaged, Mr Wallis confirmed that the tyre and tube of the sulky wheel had come off as a result of the contact made.
Ms Adams said her horse was over-racing throughout the race and she had trouble restraining him and getting him to ease back off of Ms Ottley’s horse. She also said she was unable to move out into the three wide line as there was a horse on her outside which was preventing her from doing so.
Submissions for Penalty:
Mr Wallis noted that the JCA Penalty Guidelines state that the starting point for a breach of this Rule is a $400 fine or a suspension of 8 drives. He said this was Ms Adams third drive this season and last season she had 26 drives. He said she had not previously breached this Rule and submitted that a fine of $200 was an appropriate penalty.
Ms Adams said she would prefer a fine to a suspension so that she could drive at her local meeting in Blenheim in 2 weeks time.
Reasons for Penalty:
The Committee has reviewed the film of the incident and the submissions of both parties. The facts are not disputed and it is clear to the Committee that Ms Adams allowed her horse to make contact with the sulky wheel of the horse she was trailing as they entered the back straight for the final time. As a result of the contact to Ms Ottley’s sulky wheel the tyre and tube came off and she had no option but to retire her horse from the race. Whilst “Pilot Officer” may have been over racing, and although she was unable to move out to try and avoid the contact being made, Ms Adams still had a responsibility to ensure her horse did not make contact with Ms Ottley’s horse.
The Committee notes Ms Adams has admitted the breach and that this is her first breach of this Rule. The JCA’s Penalty Guidelines state a starting point for a breach of this Rule is a $400 fine or an 8 drive suspension. However, a review of recent penalties for similar breaches shows a range of penalties have been given to drivers who have not previously breached this Rule with a fine of $250 or less having been given in the majority of cases. On this occasion we believe a fine is an appropriate penalty and that it should be consistent as possible with previous penalties given to “first time offenders”.
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: ed793f00f56047bfe613ccabc52a4de2
informantnumber: A6335
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: admitted
penaltyrequired: 1
decisiondate: 29/12/2014
hearing_title: Nelson HRC 9 January 2015 - R7
charge:
facts:
Following the running of race 7 the “Jennex Painting Mobile Pace” Information A6335 was filed by Stipendiary Steward Mr S Wallis alleging a beach of Rule 869 (3)(b) by Graduation Horseman (sic) Ms K Adams . The Information stated “entering the back straight on the final occasion you allowed your runner “Pilot Officer” to strike the sulky wheel of “Lovemetwotimes” which was consequently damaged to the extent that required the horse to be pulled up”. Ms Adams signed the Information admitting the breach and confirmed this at the hearing and also that she understood the Rule.
Rule 869 (3)(b) states:- “No horseman in any race shall drive carelessly”.
appealdecision:
isappeal:
submissionsfordecision:
Mr Wallis used the head-on film of the horses entering the back straight for the last time to identify Ms Adams moving from a position on the rail at the rear of the field to a one out position trailing “Lovemetwotimes” driven by Ms Ottley. He said Ms Adams allowed her horse to close up behind “Lovemetwotimes” and Ms Ottley could be seen attempting to bump the horse off her sulky wheel but was unable to do so. He said “Pilot Officer” hit the near side sulky wheel of “Lovemetwotimes” causing the tyre and tube to come off and whilst Ms Ottley continued on for a short distance she then had no option but to retire her horse from the race.
To a question from the Committee, given the wording of the Information that said the wheel was damaged, Mr Wallis confirmed that the tyre and tube of the sulky wheel had come off as a result of the contact made.
Ms Adams said her horse was over-racing throughout the race and she had trouble restraining him and getting him to ease back off of Ms Ottley’s horse. She also said she was unable to move out into the three wide line as there was a horse on her outside which was preventing her from doing so.
reasonsfordecision:
Decision:
As Ms Adams admitted the breach the charge was found proved.
sumissionsforpenalty:
Mr Wallis noted that the JCA Penalty Guidelines state that the starting point for a breach of this Rule is a $400 fine or a suspension of 8 drives. He said this was Ms Adams third drive this season and last season she had 26 drives. He said she had not previously breached this Rule and submitted that a fine of $200 was an appropriate penalty.
Ms Adams said she would prefer a fine to a suspension so that she could drive at her local meeting in Blenheim in 2 weeks time.
reasonsforpenalty:
The Committee has reviewed the film of the incident and the submissions of both parties. The facts are not disputed and it is clear to the Committee that Ms Adams allowed her horse to make contact with the sulky wheel of the horse she was trailing as they entered the back straight for the final time. As a result of the contact to Ms Ottley’s sulky wheel the tyre and tube came off and she had no option but to retire her horse from the race. Whilst “Pilot Officer” may have been over racing, and although she was unable to move out to try and avoid the contact being made, Ms Adams still had a responsibility to ensure her horse did not make contact with Ms Ottley’s horse.
The Committee notes Ms Adams has admitted the breach and that this is her first breach of this Rule. The JCA’s Penalty Guidelines state a starting point for a breach of this Rule is a $400 fine or an 8 drive suspension. However, a review of recent penalties for similar breaches shows a range of penalties have been given to drivers who have not previously breached this Rule with a fine of $250 or less having been given in the majority of cases. On this occasion we believe a fine is an appropriate penalty and that it should be consistent as possible with previous penalties given to “first time offenders”.
penalty:
Ms Adams is fined $200.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr S Wallis - Stipendiary Steward
JockeysandTrainer: Ms K Adams - Graduation Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 03b4ec6462ccd9b2eed3963976c8935c
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: 69a415e1aae9755f74edc2372793ce3f
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 09/01/2015
meet_title: Nelson HRC - 9 January 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nelson-hrc
meet_racingtype: harness-racing
meet_chair: PWilliams
meet_pm1: TUtikere
meet_pm2: none
name: Nelson HRC