Nelson HRC 11 January 2019 – R 5 – Chair, Mr T Utikere
ID: JCA17246
Meet Title:
Nelson HRC - 11 January 2019
Meet Chair:
TUtikere
Meet Committee Member 1:
PWilliams
Race Date:
2019/01/11
Race Number:
R5
Decision:
As the charge was admitted, the Committee deemed the charge proved.
Penalty:
Mr Curtin is suspended from the close of racing on Sunday 13 January until the close of racing on Sunday 20 January.
Facts:
Following the running of Race 5 (Town & Country Vets Mobile Pace 2400m), Information A10831 was filed with the Judicial Committee. It alleged a breach of Rule 869(3)(b) in that “J Curtin (JJ’S DELIGHT) drove carelessly near the 1700 metres by shifting when insufficiently clear of THE JANDAL MACHINE (P Davis), which had to be steadied”.
The respondent had signed the Information as admitting the breach and endorsed it with “I do not wish to be present at the hearing of this Information”.
Using the relevant head-on and side-one films Mr Renault identified JJ’S DELIGHT and THE JANDAL MACHINE approaching the 1700 metres. Mr Best (FREAK LIKE ME) was in the front, while Mr Curtin was in the parked position with Mr Davis having always occupied the trail, some distance off the leader. Mr Curtin at all times had attempted to get into the trail, but had never been clear enough. As the field approached the 1700 metres, the head-on film confirmed that Mr Best was positioned one cart width off the inside, excluding the Passing Lane. Mr Curtin had then shifted down the track, forcing Mr Davis to take a hold, opening a gap enabling Mr Curtin to take up the trail. The back straight film identified that there had never been a sufficient gap. Mr Davis was always entitled to be where he was as he was always within Mr Curtin’s wheel. He had taken a hold for a few strides which had enabled Mr Curtin to gain a run that we was not entitled to, which had advantaged him by allowing him to sit in the trail rather than parked.
Submissions for Penalty:
Mr Wallis identified Mr Curtin as a busy driver with 396 drives last season and 172 drives within the current season prior to the Nelson Meeting. In presenting his record, Mr Wallis identified a previous breach of the careless driving rule at Reefton on 30 December 2018, for which a two day period of suspension was imposed. He also confirmed that this was Mr Curtin’s first day back driving since that suspension.
The JCA Penalty Guide identified a starting point of a three days suspension for a second breach of the rule. Mr Wallis submitted that the breach was at the low-end of the mid-range. While Mr Davis had said that it did not affect him at all, Mr Curtin had nonetheless gained an economical trip throughout, and ran third as a result. The Stewards believed there were alternative options available to him: challenge for the lead for a small distance, sit parked or to wait for cover to come around. Mr Wallis submitted a three days suspension as appropriate (Timaru - 16 January, Blenheim - 18 and 20 January).
Reasons for Penalty:
The JCA Penalty Guide suggests a starting point of a three days period of suspension for a second breach of this rule, which we consider it appropriate to adopt. While Mr Davis has identified to Stewards that Mr Curtin’s carelessness had no effect on his own runner, what it has allowed for is Mr Curtin to obtain a favourable position that he would have otherwise not been entitled to. If he was unhappy with his position, then there were other options available to him. We do assess the carelessness to sit at the low-end, and in mitigation consider Mr Curtin’s admission of the breach. This is counterbalanced by the fact that this is his second breach in quick succession, occurring on his first day back following his recent period of suspension for a breach of the same rule. We consider a three day period of suspension as appropriate.
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: efdc8dd8afb731b4fd6df5712b8bc739
informantnumber: A10831
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: admitted
penaltyrequired: 1
decisiondate: 13/01/2019
hearing_title: Nelson HRC 11 January 2019 - R 5 - Chair, Mr T Utikere
charge:
facts:
Following the running of Race 5 (Town & Country Vets Mobile Pace 2400m), Information A10831 was filed with the Judicial Committee. It alleged a breach of Rule 869(3)(b) in that “J Curtin (JJ’S DELIGHT) drove carelessly near the 1700 metres by shifting when insufficiently clear of THE JANDAL MACHINE (P Davis), which had to be steadied”.
The respondent had signed the Information as admitting the breach and endorsed it with “I do not wish to be present at the hearing of this Information”.
Using the relevant head-on and side-one films Mr Renault identified JJ’S DELIGHT and THE JANDAL MACHINE approaching the 1700 metres. Mr Best (FREAK LIKE ME) was in the front, while Mr Curtin was in the parked position with Mr Davis having always occupied the trail, some distance off the leader. Mr Curtin at all times had attempted to get into the trail, but had never been clear enough. As the field approached the 1700 metres, the head-on film confirmed that Mr Best was positioned one cart width off the inside, excluding the Passing Lane. Mr Curtin had then shifted down the track, forcing Mr Davis to take a hold, opening a gap enabling Mr Curtin to take up the trail. The back straight film identified that there had never been a sufficient gap. Mr Davis was always entitled to be where he was as he was always within Mr Curtin’s wheel. He had taken a hold for a few strides which had enabled Mr Curtin to gain a run that we was not entitled to, which had advantaged him by allowing him to sit in the trail rather than parked.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the charge was admitted, the Committee deemed the charge proved.
sumissionsforpenalty:
Mr Wallis identified Mr Curtin as a busy driver with 396 drives last season and 172 drives within the current season prior to the Nelson Meeting. In presenting his record, Mr Wallis identified a previous breach of the careless driving rule at Reefton on 30 December 2018, for which a two day period of suspension was imposed. He also confirmed that this was Mr Curtin’s first day back driving since that suspension.
The JCA Penalty Guide identified a starting point of a three days suspension for a second breach of the rule. Mr Wallis submitted that the breach was at the low-end of the mid-range. While Mr Davis had said that it did not affect him at all, Mr Curtin had nonetheless gained an economical trip throughout, and ran third as a result. The Stewards believed there were alternative options available to him: challenge for the lead for a small distance, sit parked or to wait for cover to come around. Mr Wallis submitted a three days suspension as appropriate (Timaru - 16 January, Blenheim - 18 and 20 January).
reasonsforpenalty:
The JCA Penalty Guide suggests a starting point of a three days period of suspension for a second breach of this rule, which we consider it appropriate to adopt. While Mr Davis has identified to Stewards that Mr Curtin’s carelessness had no effect on his own runner, what it has allowed for is Mr Curtin to obtain a favourable position that he would have otherwise not been entitled to. If he was unhappy with his position, then there were other options available to him. We do assess the carelessness to sit at the low-end, and in mitigation consider Mr Curtin’s admission of the breach. This is counterbalanced by the fact that this is his second breach in quick succession, occurring on his first day back following his recent period of suspension for a breach of the same rule. We consider a three day period of suspension as appropriate.
penalty:
Mr Curtin is suspended from the close of racing on Sunday 13 January until the close of racing on Sunday 20 January.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr S Wallis - Stipendiary Steward
JockeysandTrainer: Mr J Curtin - Open Horseman
Otherperson: Mr S Renault - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: fb725d2231c08d48bf392e3a5e3ba277
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: a7b16d9304dc6e30b6d171d041e06e44
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 11/01/2019
meet_title: Nelson HRC - 11 January 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nelson-hrc
meet_racingtype: harness-racing
meet_chair: TUtikere
meet_pm1: PWilliams
meet_pm2: none
name: Nelson HRC