NZ Metro TC 27 November 2015 – R 5 – Chair, R McKenzie
ID: JCA17402
Meet Title:
NZ Metro TC - 27 November 2015
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2015/11/27
Race Number:
R5
Decision:
Mr Curtin having admitted the breach, the charge was found proved.
Penalty:
Mr Curtin was fined the sum of $300.
Facts:
Following the running of Race 5, Graphite Developments Ltd Show Day Futurity Consolation Mobile Pace, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Mr J F Curtin, alleging that, as the driver of HANNAH EXTREME in the race, he drove carelessly “by allowing [his] horse to shift ground outwards abruptly onto FEARCE FALCON (K M Cox) causing this horse to break”.
Mr Curtin was present at the hearing of the information and he indicated that he admitted the breach.
Rule 869 provides as follows:
(3) No horseman in any race shall drive:-
(b) carelessly
Mr Ydgren had Stipendiary Steward, Mr S W Wallis, show the incident, as the field raced past the 500 metres, on video replays. Mr Wallis pointed out HANNAH EXTREME, driven by Mr Curtin, racing 3-back on the markers and Miss Cox, driving FEARCE FALCON, on his outside.
Mr Ydgren said that it could be seen that Mr Curtin had a good hold on his horse. Approaching the 400 metres, Mr Ydgren said, Mr Curtin shifted his horse outwards onto the back of ALTA LUSTRE (D J Dunn) which was racing in the parked position. That runner had begun to tire, so Mr Curtin continued outwards, probably half a cart width, which had encroached into the racing room of FEARCE FALCON and contacted that horse, which was checked and broke.
Mr Ydgren said that, when Mr Curtin began the shift, he was entitled to do so, having a clear advantage over FEARCE FALCON. However, the Stewards were alleging that the outwards movement was just too abrupt for Miss Cox and her horse to take evasive action. Mr Ydgren added that FEARCE FALCON was hanging in at the time which may, possibly, have contributed to the incident.
Mr Curtin said that his horse was racing “a bit keen” and had raced keenly as he came out – it put its head up and ran out. However, Mr Curtin said, he should have stayed where he was, in his position 3-back on the markers.
Submissions for Penalty:
Mr Ydgren described Mr Curtin’s record as “excellent”. He has had 102 drives in the current season and 392 drives in the 2014/2015 season and has a clear record over that entire period. Mr Ydgren said that Mr Curtin is a driver that prevents rather than causes issues for the Stewards and he helps out younger drivers when they get into trouble. The Committee should take into account Mr Curtin’s admission of the breach and that excellent record, Mr Ydgren submitted. In addition the horse that was checked had contributed, in part, to the incident by its racing manners in hanging inwards and it has penalties on its record for breaking. Miss Cox had advised the Stewards that FEARCE FALCON was not the most tractable horse, Mr Ydgren said.
Mr Ydgren referred to the starting point in the Penalty Guide of a 10 drives’ suspension or a $500 fine. He left the amount of the fine to the Committee.
Mr Curtin, after a discussion, advised the Committee that he would prefer a fine over a suspension.
Reasons for Penalty:
In determining penalty, the Committee had regard to the starting point as provided in the Penalty Guide (see above). An aggravating factor was that another runner had been put out of the race. However, there were a couple of compelling mitigating factors – Mr Curtin’s admission of the breach and, in particular, his quite outstanding race driving record. A further mitigating factor is that FEARCE FALCON contributed to the incident by its own racing manners.
Weighing up the totality of those factors, the Committed determined that a discount of $200 from the starting point was appropriate.
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: df8b340afa3ca87eea37e58525ce1f84
informantnumber: A6739
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: admitted
penaltyrequired: 1
decisiondate: 01/12/2015
hearing_title: NZ Metro TC 27 November 2015 - R 5 - Chair, R McKenzie
charge:
facts:
Following the running of Race 5, Graphite Developments Ltd Show Day Futurity Consolation Mobile Pace, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Mr J F Curtin, alleging that, as the driver of HANNAH EXTREME in the race, he drove carelessly “by allowing [his] horse to shift ground outwards abruptly onto FEARCE FALCON (K M Cox) causing this horse to break”.
Mr Curtin was present at the hearing of the information and he indicated that he admitted the breach.
Rule 869 provides as follows:
(3) No horseman in any race shall drive:-
(b) carelessly
Mr Ydgren had Stipendiary Steward, Mr S W Wallis, show the incident, as the field raced past the 500 metres, on video replays. Mr Wallis pointed out HANNAH EXTREME, driven by Mr Curtin, racing 3-back on the markers and Miss Cox, driving FEARCE FALCON, on his outside.
Mr Ydgren said that it could be seen that Mr Curtin had a good hold on his horse. Approaching the 400 metres, Mr Ydgren said, Mr Curtin shifted his horse outwards onto the back of ALTA LUSTRE (D J Dunn) which was racing in the parked position. That runner had begun to tire, so Mr Curtin continued outwards, probably half a cart width, which had encroached into the racing room of FEARCE FALCON and contacted that horse, which was checked and broke.
Mr Ydgren said that, when Mr Curtin began the shift, he was entitled to do so, having a clear advantage over FEARCE FALCON. However, the Stewards were alleging that the outwards movement was just too abrupt for Miss Cox and her horse to take evasive action. Mr Ydgren added that FEARCE FALCON was hanging in at the time which may, possibly, have contributed to the incident.
Mr Curtin said that his horse was racing “a bit keen” and had raced keenly as he came out – it put its head up and ran out. However, Mr Curtin said, he should have stayed where he was, in his position 3-back on the markers.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Curtin having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Ydgren described Mr Curtin’s record as “excellent”. He has had 102 drives in the current season and 392 drives in the 2014/2015 season and has a clear record over that entire period. Mr Ydgren said that Mr Curtin is a driver that prevents rather than causes issues for the Stewards and he helps out younger drivers when they get into trouble. The Committee should take into account Mr Curtin’s admission of the breach and that excellent record, Mr Ydgren submitted. In addition the horse that was checked had contributed, in part, to the incident by its racing manners in hanging inwards and it has penalties on its record for breaking. Miss Cox had advised the Stewards that FEARCE FALCON was not the most tractable horse, Mr Ydgren said.
Mr Ydgren referred to the starting point in the Penalty Guide of a 10 drives’ suspension or a $500 fine. He left the amount of the fine to the Committee.
Mr Curtin, after a discussion, advised the Committee that he would prefer a fine over a suspension.
reasonsforpenalty:
In determining penalty, the Committee had regard to the starting point as provided in the Penalty Guide (see above). An aggravating factor was that another runner had been put out of the race. However, there were a couple of compelling mitigating factors – Mr Curtin’s admission of the breach and, in particular, his quite outstanding race driving record. A further mitigating factor is that FEARCE FALCON contributed to the incident by its own racing manners.
Weighing up the totality of those factors, the Committed determined that a discount of $200 from the starting point was appropriate.
penalty:
Mr Curtin was fined the sum of $300.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: N M Ydgren Stipendiary Steward
JockeysandTrainer: J F Curtin, Licensed Open Horseman
Otherperson: Mr S Wallis - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 1c949fa67e25126aa97320fa701c3788
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: 1497314a5938f304e4b5b02e3b1d9980
meet_expapproval:
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waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 27/11/2015
meet_title: NZ Metro TC - 27 November 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: SChing
meet_pm2: none
name: NZ Metro TC