Cheviot HRC 2 March 2014 – R 4
ID: JCA17294
Meet Title:
Cheviot HRC - 2 March 2014
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2014/03/02
Race Number:
R4
Decision:
Mr Hjalmarsson having admitted the charge, the charge was found proved.
Penalty:
Mr Hjalmarsson was fined the sum of $200.
Facts:
Following the running of Race 4, “Donegal House” The Little Irish Pub Near Kaikoura Mobile Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Graduation Driver, Mr M J Hjalmarsson, alleging that, as the driver of STANS DAY in the Race, he “drove in a manner which caused [his] own horse to break by attempting to shift GYRATE (T S Chmiel) down the track for an extended period when not in a position to do so”.
Mr Hjalmarsson had signed the Statement by the Respondent on the information form indicating that he admitted the breach. Mr Renault confirmed that Mr Hjalmarsson did not wish to be present at the hearing of the information.
Rule 869 provides as follows:
(4) No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.
Mr Renault had Mr S W Wallis, Stipendiary Steward, show video replays of the incident which took place entering the back straight on the first occasion (approximately 2000 metres to run). Mr Wallis pointed out the two runners racing towards the rear of the field with Mr Hjalmarsson on the outside of Mr Chmiel. Mr Hjalmarsson did not have an advantage over Mr Chmiel to enable him to shift Mr Chmiel down the track but persisted, for “a lengthy period”, in attempting to do so. When he eventually eased the pressure, Mr Hjalmarsson’s horse broke due to it becoming unbalanced.
Submissions for Penalty:
Mr Renault informed the Committee that Mr Hjalmarsson has had 10 drives this season and, in the 2012/2013 season, had 26 drives. He has a clear record, Mr Renault said. The Stewards assessed the breach as being at the lower end of a scale of seriousness. The only horse affected was Mr Hjalmarsson’s own horse, which broke and lost its chance.
Mr Renault referred to the penalty starting point of a $400 fine provided in the Penalty Guide. He submitted that, having regard to Mr Hjalmarsson’s good record and his admission of the breach, a fine of around $200 was appropriate.
Mr Renault said that Mr Hjalmarsson had asked Mr Renault to put it to the Committee that he admitted he was “in the wrong” and was in a position to pay a fine.
Reasons for Penalty:
In determining penalty, the Committee took, as its starting point, a fine of $400 as suggested in the Penalty Guide. Mr Hjalmarsson was entitled to a discount from that figure for the mitigating factors which the Committee saw as being his admission of the breach, his previous good record and that the breach was at the lower end of the scale, as submitted by Mr Renault.
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: f528217522cabd98b6e5f14bdc1d2985
informantnumber: A6465
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Driving in manner causing interference
plea: admitted
penaltyrequired: 1
decisiondate: 03/03/2014
hearing_title: Cheviot HRC 2 March 2014 - R 4
charge:
facts:
Following the running of Race 4, “Donegal House” The Little Irish Pub Near Kaikoura Mobile Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Graduation Driver, Mr M J Hjalmarsson, alleging that, as the driver of STANS DAY in the Race, he “drove in a manner which caused [his] own horse to break by attempting to shift GYRATE (T S Chmiel) down the track for an extended period when not in a position to do so”.
Mr Hjalmarsson had signed the Statement by the Respondent on the information form indicating that he admitted the breach. Mr Renault confirmed that Mr Hjalmarsson did not wish to be present at the hearing of the information.
Rule 869 provides as follows:
(4) No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.
Mr Renault had Mr S W Wallis, Stipendiary Steward, show video replays of the incident which took place entering the back straight on the first occasion (approximately 2000 metres to run). Mr Wallis pointed out the two runners racing towards the rear of the field with Mr Hjalmarsson on the outside of Mr Chmiel. Mr Hjalmarsson did not have an advantage over Mr Chmiel to enable him to shift Mr Chmiel down the track but persisted, for “a lengthy period”, in attempting to do so. When he eventually eased the pressure, Mr Hjalmarsson’s horse broke due to it becoming unbalanced.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Hjalmarsson having admitted the charge, the charge was found proved.
sumissionsforpenalty:
Mr Renault informed the Committee that Mr Hjalmarsson has had 10 drives this season and, in the 2012/2013 season, had 26 drives. He has a clear record, Mr Renault said. The Stewards assessed the breach as being at the lower end of a scale of seriousness. The only horse affected was Mr Hjalmarsson’s own horse, which broke and lost its chance.
Mr Renault referred to the penalty starting point of a $400 fine provided in the Penalty Guide. He submitted that, having regard to Mr Hjalmarsson’s good record and his admission of the breach, a fine of around $200 was appropriate.
Mr Renault said that Mr Hjalmarsson had asked Mr Renault to put it to the Committee that he admitted he was “in the wrong” and was in a position to pay a fine.
reasonsforpenalty:
In determining penalty, the Committee took, as its starting point, a fine of $400 as suggested in the Penalty Guide. Mr Hjalmarsson was entitled to a discount from that figure for the mitigating factors which the Committee saw as being his admission of the breach, his previous good record and that the breach was at the lower end of the scale, as submitted by Mr Renault.
penalty:
Mr Hjalmarsson was fined the sum of $200.
hearing_type: Hearing
Rules: 869(4)
Informant: S P Renault, Stipendiary Steward
JockeysandTrainer: M J Hjalmarsson, Licensed Graduation Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: e3756fe4bbe17008b2ece29e52792cb3
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: a368957890fba9dc6c9fe63cf4cf3cf2
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 02/03/2014
meet_title: Cheviot HRC - 2 March 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: cheviot-hrc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: SChing
meet_pm2: none
name: Cheviot HRC