Archive Decision

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NZ Metro TC 2 March 2018 – R 6 – Chair, Mr D Anderson

ID: JCA17430

Applicant:
Mr S Renault - Stipendiary Steward

Respondent(s):
Mr B Munro - Junior Driver

Information Number:
A10167

Hearing Type:
Hearing

New Charge:
Careless Driving

Rules:
869(3)(b)

Plea:
admitted

Meet Title:
NZ Metro TC - 2 March 2018

Meet Chair:
DAnderson

Meet Committee Member 1:
RMcKenzie

Race Date:
2018/03/02

Race Number:
R 6

Decision:

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

Penalty:

Mr Munro was fined the sum of $450.

Facts:

Following the running of Race 6, the KIM+HAMISH’S 50TH BIRTHDAY (JUNIOR DRIVER) HANICAP PACE, an information was filed by Stipendiary Steward, Mr S Renault, against Licensed Junior Driver B Munro, alleging that, as the driver of CLIVE he “drove carelessly near the 300 metres when shifting outwards checking JOEY MAGUIRE (L McKay) which broke.”

Mr Munro was present at the hearing and confirmed that he understood the rule he was being charged with and indicated that he admitted the breach.

Mr Renault said that Mr Munro had assistance from Senior Horseman Mr G Smith at the preliminary hearing and both he and Mr Munro were comfortable with the charge and the admittance of the breach.

Rule 869 provides as follows:

(2) No horseman in any race shall drive: -
(b) carelessly

Mr Renault, using three angles of race films, pointed to Mr Munro (CLIVE) trailing the leader approaching the 300 metres. He showed that at this point JOEY MAGUIRE (L McKay) was on his outside and three wide was PIRATE BAY (K Butt). As Mr Munro shifted outwards Ms McKay was in restricted room and the film clearly showed the contact between Mr Munro’s wheel and Ms McKay’s horse’s hind leg. Mr Renault said that PIRATE BAY was always outside of JOEY MAGUIRE and there was no room to escape the pressure from CLIVE. He said this was a clear error of judgement resulting in JOEY MAGUIRE galloping and losing ground at a vital stage.

Mr Munro said there wasn’t a lot to say other than he had misjudged the situation.

Submissions for Penalty:

Mr Renault said that Mr Munro has had 44 drives this season after returning from a 3-year absence from the industry. He said he had a good record with no breaches of the rules and had conducted himself in a professional manner. He said the Stewards saw this breach as mid-range but felt that an increase in the starting point of a $500 fine was warranted because of the fact that a horse had lost its chance and that Mr Munro had gone on and won the race. He said that some concession should be given for his admission of the breach and his record. Stewards felt a $400 fine would be an appropriate penalty.

Mr Munro had no submissions to make on penalty.

Reasons for Penalty:

In determining penalty, the Committee considered this to be a mid to high-range breach and have adopted the JCA Penalty Guide starting point of a 10-drive suspension or a $500 fine. The aggravating factors are that Mr Munro has won the race, has extinguished another runner’s chances, and this warrants an increase which the Committee sets at $100.

The Mitigating factors are Mr Munro’s good record and frank admission of the breach for which we consider a discount of $150 is 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: e2edc6294ed047420e23374889463b08


informantnumber: A10167


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Driving


plea: admitted


penaltyrequired: 1


decisiondate: 05/03/2018


hearing_title: NZ Metro TC 2 March 2018 - R 6 - Chair, Mr D Anderson


charge:


facts:

Following the running of Race 6, the KIM+HAMISH’S 50TH BIRTHDAY (JUNIOR DRIVER) HANICAP PACE, an information was filed by Stipendiary Steward, Mr S Renault, against Licensed Junior Driver B Munro, alleging that, as the driver of CLIVE he “drove carelessly near the 300 metres when shifting outwards checking JOEY MAGUIRE (L McKay) which broke.”

Mr Munro was present at the hearing and confirmed that he understood the rule he was being charged with and indicated that he admitted the breach.

Mr Renault said that Mr Munro had assistance from Senior Horseman Mr G Smith at the preliminary hearing and both he and Mr Munro were comfortable with the charge and the admittance of the breach.

Rule 869 provides as follows:

(2) No horseman in any race shall drive: -
(b) carelessly

Mr Renault, using three angles of race films, pointed to Mr Munro (CLIVE) trailing the leader approaching the 300 metres. He showed that at this point JOEY MAGUIRE (L McKay) was on his outside and three wide was PIRATE BAY (K Butt). As Mr Munro shifted outwards Ms McKay was in restricted room and the film clearly showed the contact between Mr Munro’s wheel and Ms McKay’s horse’s hind leg. Mr Renault said that PIRATE BAY was always outside of JOEY MAGUIRE and there was no room to escape the pressure from CLIVE. He said this was a clear error of judgement resulting in JOEY MAGUIRE galloping and losing ground at a vital stage.

Mr Munro said there wasn’t a lot to say other than he had misjudged the situation.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

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


sumissionsforpenalty:

Mr Renault said that Mr Munro has had 44 drives this season after returning from a 3-year absence from the industry. He said he had a good record with no breaches of the rules and had conducted himself in a professional manner. He said the Stewards saw this breach as mid-range but felt that an increase in the starting point of a $500 fine was warranted because of the fact that a horse had lost its chance and that Mr Munro had gone on and won the race. He said that some concession should be given for his admission of the breach and his record. Stewards felt a $400 fine would be an appropriate penalty.

Mr Munro had no submissions to make on penalty.


reasonsforpenalty:

In determining penalty, the Committee considered this to be a mid to high-range breach and have adopted the JCA Penalty Guide starting point of a 10-drive suspension or a $500 fine. The aggravating factors are that Mr Munro has won the race, has extinguished another runner’s chances, and this warrants an increase which the Committee sets at $100.

The Mitigating factors are Mr Munro’s good record and frank admission of the breach for which we consider a discount of $150 is appropriate.


penalty:

Mr Munro was fined the sum of $450.


hearing_type: Hearing


Rules: 869(3)(b)


Informant: Mr S Renault - Stipendiary Steward


JockeysandTrainer: Mr B Munro - Junior Driver


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: f733cab60faa90bf3c4599fc3e9675bf


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 6


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 83e28d4f351db4a79f3a01340a648b73


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 02/03/2018


meet_title: NZ Metro TC - 2 March 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