Manawatu HRC 16 March 2014 – R 8
ID: JCA17367
Meet Title:
Manawatu HRC - 16 March 2014
Meet Chair:
TUtikere
Meet Committee Member 1:
NMoffatt
Race Date:
2014/03/16
Race Number:
Race 8
Decision:
Using the films Mr Neal identified MONETS DAUGHTER (Mr A Poutama) starting from the number two position. Shortly after the start, Mr Poutama had attempted to gain a position behind the race leader TACTFUL LADY (Mr T Mitchell). Mr S Phelan (ROCKNROLL LASS) had drawn one on the second line and was using his whip in an attempt to hold his position shortly after dispatch, and had established himself to the inside of MONETS DAUGHTER’s wheel. The stewards submitted that at this point, Mr Poutama should have taken a hold of his drive, but instead he had persisted and forced Mr Phelan over several markers, compelling him to restrain his horse with ROCKNROLL LASS ending up on the back of Mr Poutama.
Assisted by Senior Horseman Mr J Curtin, Mr Poutama submitted he was unaware that Mr Phelan was using the stick on ROCKNROLL LASS in an attempt to maintain his position. By the time he had realised this, it was too late to take corrective action as there was nowhere else for him to go, and if he did take corrective action at that point, the ramifications could have been disastrous.
Mr Curtin supported this view, stating that once Mr Poutama was in position, he elected to stay there rather than moving outwards. This was a wise decision as the effect upon those racing to his outside, and in close quarters, if Mr Poutama attempted to rectify the situation would have made a ‘mess of it’. Mr Curtin believed Mr Poutama had made nothing more than a marginal error on this occasion.
As the charge was admitted, the committee found the charge proved.
Penalty:
Mr Poutama was fined $200.
Facts:
Following the running of Race 8 (The Speights Ale House Manawatu Cup Mobile Pace 2500m), Information A3771 was filed with the judicial committee. It alleged a breach of Rule 869(3))(b), in that: “Junior Horseman A Poutama drove MONETS DAUGHTER carelessly racing into the first bend forcing ROCKNROLL LASS (S Phelan) to race inside the marker line and/or contact track markers.”
Rule 869(3)(b) states: “No horseman in any race shall drive:- (b) carelessly;”
Assisted by Mr Curtin, Mr Poutama confirmed he understood the rule and that he admitted the breach.
Submissions for Penalty:
In presenting Mr Poutama’s record, Mr Muirhead submitted that he had recently returned from winning the Junior Drivers’ Championship in Australia and drove frequently in the Central Districts and could be viewed as one of the leading drivers within this area. He also submitted that he had no previous breaches of this rule within the last 12 months. The stewards believed the level of carelessness was at the lower end and submitted a $250 fine as appropriate.
Mr Poutama submitted a preference for a fine rather than a period of suspension and had nothing further to add. Mr Curtin asked the committee to consider his very good record which spoke for itself, and believed a fine at the lowest level would be appropriate.
Reasons for Penalty:
In making a decision on penalty, the committee considered all of the submissions placed before it. The JCA Penalty Guidelines suggest a $400 fine or an 8 Drive suspension as a starting point for a breach of this rule. The committee considered a monetary penalty as appropriate and noted that there were mitigating factors to move downwards from that starting point. The level of carelessness was to be placed at the low end, and while Mr Poutama had forced Mr Phelan over several markers, his decision not to remedy the situation after the carelessness had occurred was the right one as the consequences could have been worse than what the inconvenience caused to Mr Phelan. This, coupled with Mr Poutama’s early admittance of the breach and his very good record were applied in mitigation.
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: ff67d3a25c38b556f991fdbe22ca3443
informantnumber: A3771
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: admitted
penaltyrequired: 1
decisiondate: 10/03/2014
hearing_title: Manawatu HRC 16 March 2014 - R 8
charge:
facts:
Following the running of Race 8 (The Speights Ale House Manawatu Cup Mobile Pace 2500m), Information A3771 was filed with the judicial committee. It alleged a breach of Rule 869(3))(b), in that: “Junior Horseman A Poutama drove MONETS DAUGHTER carelessly racing into the first bend forcing ROCKNROLL LASS (S Phelan) to race inside the marker line and/or contact track markers.”
Rule 869(3)(b) states: “No horseman in any race shall drive:- (b) carelessly;”
Assisted by Mr Curtin, Mr Poutama confirmed he understood the rule and that he admitted the breach.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Using the films Mr Neal identified MONETS DAUGHTER (Mr A Poutama) starting from the number two position. Shortly after the start, Mr Poutama had attempted to gain a position behind the race leader TACTFUL LADY (Mr T Mitchell). Mr S Phelan (ROCKNROLL LASS) had drawn one on the second line and was using his whip in an attempt to hold his position shortly after dispatch, and had established himself to the inside of MONETS DAUGHTER’s wheel. The stewards submitted that at this point, Mr Poutama should have taken a hold of his drive, but instead he had persisted and forced Mr Phelan over several markers, compelling him to restrain his horse with ROCKNROLL LASS ending up on the back of Mr Poutama.
Assisted by Senior Horseman Mr J Curtin, Mr Poutama submitted he was unaware that Mr Phelan was using the stick on ROCKNROLL LASS in an attempt to maintain his position. By the time he had realised this, it was too late to take corrective action as there was nowhere else for him to go, and if he did take corrective action at that point, the ramifications could have been disastrous.
Mr Curtin supported this view, stating that once Mr Poutama was in position, he elected to stay there rather than moving outwards. This was a wise decision as the effect upon those racing to his outside, and in close quarters, if Mr Poutama attempted to rectify the situation would have made a ‘mess of it’. Mr Curtin believed Mr Poutama had made nothing more than a marginal error on this occasion.
As the charge was admitted, the committee found the charge proved.
sumissionsforpenalty:
In presenting Mr Poutama’s record, Mr Muirhead submitted that he had recently returned from winning the Junior Drivers’ Championship in Australia and drove frequently in the Central Districts and could be viewed as one of the leading drivers within this area. He also submitted that he had no previous breaches of this rule within the last 12 months. The stewards believed the level of carelessness was at the lower end and submitted a $250 fine as appropriate.
Mr Poutama submitted a preference for a fine rather than a period of suspension and had nothing further to add. Mr Curtin asked the committee to consider his very good record which spoke for itself, and believed a fine at the lowest level would be appropriate.
reasonsforpenalty:
In making a decision on penalty, the committee considered all of the submissions placed before it. The JCA Penalty Guidelines suggest a $400 fine or an 8 Drive suspension as a starting point for a breach of this rule. The committee considered a monetary penalty as appropriate and noted that there were mitigating factors to move downwards from that starting point. The level of carelessness was to be placed at the low end, and while Mr Poutama had forced Mr Phelan over several markers, his decision not to remedy the situation after the carelessness had occurred was the right one as the consequences could have been worse than what the inconvenience caused to Mr Phelan. This, coupled with Mr Poutama’s early admittance of the breach and his very good record were applied in mitigation.
penalty:
Mr Poutama was fined $200.
hearing_type: Hearing
Rules: Rule 869(3)(b)
Informant: Mr J Muirhead - Stipendiary Steward
JockeysandTrainer: Mr A Poutama - Junior Horseman
Otherperson: Mr R Neal - Co-Chief Stipendiary Steward, Mr J Curtin - Senior Horseman (Assisting Mr Poutama)
PersonPresent:
Respondent:
StipendSteward:
raceid: 8a56532bce070c04c0d50d826858bc98
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 21f96dcca21954e8965909c6aabf108d
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 16/03/2014
meet_title: Manawatu HRC - 16 March 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: manawatu-hrc
meet_racingtype: harness-racing
meet_chair: TUtikere
meet_pm1: NMoffatt
meet_pm2: none
name: Manawatu HRC