Archive Decision

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NZ Metro TC 14 December 2018 – R 4 – Chair, Mr D Anderson

ID: JCA17398

Applicant:
Mr S Wallis - Stipendiary Steward

Respondent(s):
Mr M Edmonds - Open Driver

Other Person:
Mr N McIntyre - Manager of Stewards

Information Number:
A10817

Hearing Type:
Hearing

New Charge:
Careless Driving

Rules:
869(3)(b)

Plea:
admitted

Meet Title:
NZ Metro TC - 14 December 2018

Meet Chair:
DAnderson

Meet Committee Member 1:
RMcKenzie

Race Date:
2018/12/14

Race Number:
R 4

Decision:

Mr Edmonds having admitted the breach; the charge was found proved.

Penalty:

Accordingly, Mr Edmonds' licence to drive is suspended from the conclusion of racing on the 16 December 2018 up to and including racing on the 3 January 2019.

Meetings encompassed in this suspension are:

21 December at Addington

23 December at Ashburton

29 December at Banks Peninsula

3 January 2019 at Rangiora

Facts:

Following the running of Race 4, the 4Front Electrical / Modserve NZ Trot, an information was filed by Stipendiary Steward, Mr S Wallis, against Open Driver Mr M Edmonds, alleging that. “Driver M Edmonds drove carelessly when shifting ground inwards near the 1500 metres when not clear of GIRLS LET LOOSE (G O’Reilly) which broke.

Mr Wallis confirmed Mr Edmonds had signed the Information admitting the breach and that he did not want to be present at the hearing.

Rule 869(7a) (b) provides as follows:

(7a) Every horseman who moves inwards shall ensure:

(b) that any part of the sulky does not protrude inside the marker line.

Mr Wallis with the assistance of Mr McIntyre identified Mr Edmonds racing 3 wide approaching the 1500 metres. He pointed to Mr Edmonds looking to his inside as he shifted inwards and then slowed the video to show clear contact between Mr Edmonds' sulky and the off-side leg of GIRLS LET LOOSE. This contact resulting in GIRLS LET LOOSE galloping.

Submissions for Penalty:

Mr Wallis said Mr Edmonds was a relatively busy driver, mostly driving the horses that he trains. He stated Mr Edmonds had 104 drives last season and so far this season another 33 drives. Mr Wallis said the Stewards would be seeking a suspension as penalty in this case. He said this breach was a basic error and he added Mr Edmonds was very frank in his admission and combined with his good record deserved some discount on penalty. He said Mr Edmonds wished to start any suspension immediately.

Reasons for Penalty:

The JCA penalty Guidelines for the rule provides a $500 fine or a 10-drive suspension. The Committee agree a suspension is appropriate in this case and note Mr Edmonds has averaged approximately 2 drives per meeting for the last 15 months.

In determining penalty, the Committee considered the aggravating factor being a horse’s chances were extinguished, in what we regarded as a lazy manoeuvre from a very experienced driver in Mr Edmonds.

The Mitigating factors are Mr Edmonds' good record and admission of the breach.

The Committee having regard for the above factors, considered a suspension of 4 days an appropriate penalty in this case.

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: deababf56a5e38ce7ae12a72797143f9


informantnumber: A10817


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Driving


plea: admitted


penaltyrequired: 1


decisiondate: 17/12/2018


hearing_title: NZ Metro TC 14 December 2018 - R 4 - Chair, Mr D Anderson


charge:


facts:

Following the running of Race 4, the 4Front Electrical / Modserve NZ Trot, an information was filed by Stipendiary Steward, Mr S Wallis, against Open Driver Mr M Edmonds, alleging that. “Driver M Edmonds drove carelessly when shifting ground inwards near the 1500 metres when not clear of GIRLS LET LOOSE (G O’Reilly) which broke.

Mr Wallis confirmed Mr Edmonds had signed the Information admitting the breach and that he did not want to be present at the hearing.

Rule 869(7a) (b) provides as follows:

(7a) Every horseman who moves inwards shall ensure:

(b) that any part of the sulky does not protrude inside the marker line.

Mr Wallis with the assistance of Mr McIntyre identified Mr Edmonds racing 3 wide approaching the 1500 metres. He pointed to Mr Edmonds looking to his inside as he shifted inwards and then slowed the video to show clear contact between Mr Edmonds' sulky and the off-side leg of GIRLS LET LOOSE. This contact resulting in GIRLS LET LOOSE galloping.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr Edmonds having admitted the breach; the charge was found proved.


sumissionsforpenalty:

Mr Wallis said Mr Edmonds was a relatively busy driver, mostly driving the horses that he trains. He stated Mr Edmonds had 104 drives last season and so far this season another 33 drives. Mr Wallis said the Stewards would be seeking a suspension as penalty in this case. He said this breach was a basic error and he added Mr Edmonds was very frank in his admission and combined with his good record deserved some discount on penalty. He said Mr Edmonds wished to start any suspension immediately.


reasonsforpenalty:

The JCA penalty Guidelines for the rule provides a $500 fine or a 10-drive suspension. The Committee agree a suspension is appropriate in this case and note Mr Edmonds has averaged approximately 2 drives per meeting for the last 15 months.

In determining penalty, the Committee considered the aggravating factor being a horse’s chances were extinguished, in what we regarded as a lazy manoeuvre from a very experienced driver in Mr Edmonds.

The Mitigating factors are Mr Edmonds' good record and admission of the breach.

The Committee having regard for the above factors, considered a suspension of 4 days an appropriate penalty in this case.


penalty:

Accordingly, Mr Edmonds' licence to drive is suspended from the conclusion of racing on the 16 December 2018 up to and including racing on the 3 January 2019.

Meetings encompassed in this suspension are:

21 December at Addington

23 December at Ashburton

29 December at Banks Peninsula

3 January 2019 at Rangiora


hearing_type: Hearing


Rules: 869(3)(b)


Informant: Mr S Wallis - Stipendiary Steward


JockeysandTrainer: Mr M Edmonds - Open Driver


Otherperson: Mr N McIntyre - Manager of Stewards


PersonPresent:


Respondent:


StipendSteward:


raceid: 37e904744a44cb50a6eb15f0be3d5404


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 4


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: ef5f6301bd3f7e0c317499db30e5f499


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 14/12/2018


meet_title: NZ Metro TC - 14 December 2018


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: nz-metro-tc


meet_racingtype: harness-racing


meet_chair: DAnderson


meet_pm1: RMcKenzie


meet_pm2: none


name: NZ Metro TC