Rangiora HRC 8 April 2018 – R 1 – Chair, Mr R McKenzie
ID: JCA17265
Meet Title:
Rangiora HRC - 8 April 2018
Meet Chair:
RMcKenzie
Meet Committee Member 1:
TCastles
Race Date:
2018/04/08
Race Number:
R1
Decision:
Ms Blake having admitted the breach, the charge was found proved.
Penalty:
Ms Blake’s Advanced Amateur Driver’s licence is suspended from after the close of racing today up to and including 1st July 2018.
Facts:
Following the running of Race 1, Bishopdale / Bush Inn TAB’s & Tavern Harewood Mobile Pace (Amateur Drivers), an information was filed by Chief Stipendiary Steward, Mr N M Ydgren, against Licensed Advanced Amateur Driver, Ms S Blake, alleging a breach of Rule 868 (2) in that Ms Blake, as the driver of BETTOR BACKIM in the race “failed to take all reasonable and permissible measures near the 350 metres when failing to shift BETTOR BACKIM into clear running to obtain the best possible position and or finishing place”.
Ms Blake was present at the hearing of the information and she indicated that she admitted the breach.
Rule 862 provides as follows:
(2) Every horseman shall take all reasonable measures at all times during the race to ensure that his horse is given full opportunity to win the race or to obtain the best possible position and/or finishing place.
Mr Ydgren said that Ms Blake was the driver of BETTOR BACKIM in Race 1. Her horse was racing 4-back in the running line as the field passed the 400 metres. The horse that had been trailing her, RUSSIAN EXPRESS (A N Edge) pulled out to improve 3-wide racing into the bend. Stewards questioned Ms Blake as to why she did not improve her position outwards prior to being covered up by that runner to ensure she received a clear passage to the end of the race. After considering her explanation, Stewards had laid this charge.
Mr Ydgren then showed video replays of the relevant part of the race. He submitted that Ms Blake would have been expected to take her runner wide when Mr Edge made his move. However, she had elected to stay in position in the 2-wide line, allowing herself to be covered by Mr Edge’s runner. As a consequence, Ms Blake’s horse had been held up for a considerable distance and again in the early stages of the run home. When the horse found clear racing room near the 150 metres, it did finish attractively down the outside. The Committee noted that BETTOR BACKIM finished in 8th placing, 5.70 lengths from the winner.
Mr Ydgren submitted that Ms Blake had a couple of options at that point in the race – either to come out and sit in the 3-wide line which would expend some of her horse’s energy but ensure she got clear racing room or to ease Mr Edge to a 4-wide position and look for cover on his back to take her into the race. She had not done either, instead she remained on the back of the runner in front thereby diminishing the chances of her runner.
Mr Ydgren then showed the back-straight video replay to show that there was no impediment to Ms Blake’s coming out at that point. To have come out at that point would have been both reasonable and permissible, he submitted.
Ms Blake said that her initial thought had been one of concern that she was too far from the finish for her runner to be able to finish on strongly as it was fresh up. She conceded that, after viewing the video replays, the horse had finished a lot more strongly that she had expected. Her error of judgement was a lack of faith in her horse. It had been her plan to get 3-wide, but on the back of another horse, she said.
Submissions for Penalty:
Mr Ydgren submitted that it was difficult arriving at penalty under this Rule in the case of amateur drivers who drive only twice a month at most, whereas the Penalty Guide suggests a starting point of a 20 drives’ suspension. To use that starting point would result in a penalty which “far outweighs the crime”. However, it is a serious breach and the penalty should be one that recognises that.
Mr Ydgren referred to a recent penalty for a breach of the same Rule (McCormick March 2018) in which the horseman, albeit not an amateur, whom the Committee in that case accepted had approximately 3 drives per month, received a 12-weeks’ suspension.
Mr Ydgren told the Committee that Ms Blake had a previous breach of the Rule in 2015, but her record should be regarded as clear. The Committee noted that Ms Blake has had 113 drives since being licensed as an advanced amateur driver in the 2012/2013 season.
Mr Ydgren submitted that he would leave the period of suspension to the Committee.
Ms Blake’s only submission was that she would prefer a suspension to any monetary penalty.
Reasons for Penalty:
The Committee agreed with Mr Ydgren that the Penalty Guide was of little or no assistance in deciding a penalty in the case of a driver who has, at most, 2 drives per month. The Committee derived some assistance from other penalties in similar cases and, in particular, the penalty in the recent McCormick case referred to.
After weighing all factors, including Ms Blake’s record, her very frank admission of the breach and the mid-range level of the breach, the Committee decided that a suspension for a period of 12 weeks was an appropriate penalty.
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: f21f66a9f3edc7ebe77377ae3d7a0df9
informantnumber: A10230
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Failing to Take Reasonable and Permissible Measures
plea: admitted
penaltyrequired: 1
decisiondate: 09/04/2018
hearing_title: Rangiora HRC 8 April 2018 - R 1 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 1, Bishopdale / Bush Inn TAB’s & Tavern Harewood Mobile Pace (Amateur Drivers), an information was filed by Chief Stipendiary Steward, Mr N M Ydgren, against Licensed Advanced Amateur Driver, Ms S Blake, alleging a breach of Rule 868 (2) in that Ms Blake, as the driver of BETTOR BACKIM in the race “failed to take all reasonable and permissible measures near the 350 metres when failing to shift BETTOR BACKIM into clear running to obtain the best possible position and or finishing place”.
Ms Blake was present at the hearing of the information and she indicated that she admitted the breach.
Rule 862 provides as follows:
(2) Every horseman shall take all reasonable measures at all times during the race to ensure that his horse is given full opportunity to win the race or to obtain the best possible position and/or finishing place.
Mr Ydgren said that Ms Blake was the driver of BETTOR BACKIM in Race 1. Her horse was racing 4-back in the running line as the field passed the 400 metres. The horse that had been trailing her, RUSSIAN EXPRESS (A N Edge) pulled out to improve 3-wide racing into the bend. Stewards questioned Ms Blake as to why she did not improve her position outwards prior to being covered up by that runner to ensure she received a clear passage to the end of the race. After considering her explanation, Stewards had laid this charge.
Mr Ydgren then showed video replays of the relevant part of the race. He submitted that Ms Blake would have been expected to take her runner wide when Mr Edge made his move. However, she had elected to stay in position in the 2-wide line, allowing herself to be covered by Mr Edge’s runner. As a consequence, Ms Blake’s horse had been held up for a considerable distance and again in the early stages of the run home. When the horse found clear racing room near the 150 metres, it did finish attractively down the outside. The Committee noted that BETTOR BACKIM finished in 8th placing, 5.70 lengths from the winner.
Mr Ydgren submitted that Ms Blake had a couple of options at that point in the race – either to come out and sit in the 3-wide line which would expend some of her horse’s energy but ensure she got clear racing room or to ease Mr Edge to a 4-wide position and look for cover on his back to take her into the race. She had not done either, instead she remained on the back of the runner in front thereby diminishing the chances of her runner.
Mr Ydgren then showed the back-straight video replay to show that there was no impediment to Ms Blake’s coming out at that point. To have come out at that point would have been both reasonable and permissible, he submitted.
Ms Blake said that her initial thought had been one of concern that she was too far from the finish for her runner to be able to finish on strongly as it was fresh up. She conceded that, after viewing the video replays, the horse had finished a lot more strongly that she had expected. Her error of judgement was a lack of faith in her horse. It had been her plan to get 3-wide, but on the back of another horse, she said.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Ms Blake having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Ydgren submitted that it was difficult arriving at penalty under this Rule in the case of amateur drivers who drive only twice a month at most, whereas the Penalty Guide suggests a starting point of a 20 drives’ suspension. To use that starting point would result in a penalty which “far outweighs the crime”. However, it is a serious breach and the penalty should be one that recognises that.
Mr Ydgren referred to a recent penalty for a breach of the same Rule (McCormick March 2018) in which the horseman, albeit not an amateur, whom the Committee in that case accepted had approximately 3 drives per month, received a 12-weeks’ suspension.
Mr Ydgren told the Committee that Ms Blake had a previous breach of the Rule in 2015, but her record should be regarded as clear. The Committee noted that Ms Blake has had 113 drives since being licensed as an advanced amateur driver in the 2012/2013 season.
Mr Ydgren submitted that he would leave the period of suspension to the Committee.
Ms Blake’s only submission was that she would prefer a suspension to any monetary penalty.
reasonsforpenalty:
The Committee agreed with Mr Ydgren that the Penalty Guide was of little or no assistance in deciding a penalty in the case of a driver who has, at most, 2 drives per month. The Committee derived some assistance from other penalties in similar cases and, in particular, the penalty in the recent McCormick case referred to.
After weighing all factors, including Ms Blake’s record, her very frank admission of the breach and the mid-range level of the breach, the Committee decided that a suspension for a period of 12 weeks was an appropriate penalty.
penalty:
Ms Blake’s Advanced Amateur Driver’s licence is suspended from after the close of racing today up to and including 1st July 2018.
hearing_type: Hearing
Rules: 868(2)
Informant: N M Ydgren, Chief Stipendiary Steward
JockeysandTrainer: S Blake, Licensed Advanced Amateur Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
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race_title: R1
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meetdate: 08/04/2018
meet_title: Rangiora HRC - 8 April 2018
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tracklocation: rangiora-hrc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
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name: Rangiora HRC