NZ Metro TC 30 March 2013 – R 6
ID: JCA18239
Meet Title:
NZ Metro TC - 30 March 2013
Meet Chair:
JPhelan
Meet Committee Member 1:
KHales
Race Date:
2013/03/30
Race Number:
R1
Decision:
The charge was found to be proved.
Penalty:
On resuming the hearing we advised the parties of our reasons (see above) and that Mr McNally was fined the sum of $500-00.
Charge:
Alleged careless driving.
Facts:
Following the running of Race 6, the Garry Thompson / Fred Shaw NZ Trotting Championship (Group 1 Race), an Information was filed by Stipendiary Steward Mr N. M. Ydgren alleging careless driving by Mr S. R. McNally, the driver of “Clover Don” (6).
The charge reads as follows:
“I the above named informant allege that the above named Respondent committed a breach of Rule 869(3)(b) (in that) you drove carelessly leaving the final bend when attempting to improve your horse into the passing lane when sufficient room was not available resulting in Clover Don striking the wheel of Quality Invasion and breaking.”
Rules 869(3)(b) reads as follows:
“(3) No horseman in any race shall drive:-
(b) carelessly..”
Mr McNally had indicated on the Information that this breach of the Rules was admitted and he confirmed this at the hearing. Mr McNally also agreed that he understood the charge and the Rule it was brought under.
Submissions for Decision:
Mr Ydgren gave evidence and used video coverage to show that on the home turn Mr McNally was in the trail behind ”Quality Invasion” (2), with this latter horse tiring. Mr McNally tried to make use of the passing lane, but there was insufficient room. As a result there was contact with the wheel of “Quality Invasion” and “Clover Don” broke losing its chance in the race.
Mr McNally did not dispute the basic facts of this incident, but said that his horse was travelling well behind the tiring “Quality Invasion”, and he was trying to get a run for his horse. He accepted that he had gone for the gap too soon.
Reasons for Decision:
As Mr McNally had admitted this breach it was found to be proved in accordance with Rule 1111(1)(d).
Submissions for Penalty:
In relation to penalty Mr Ydgren advised that Mr McNally had not previously breached this Rule and had admitted the breach. This was, however, a Group One $80,000-00 race, and the Penalty Guide recommends as a starting point a penalty of 30 drives or a fine of $1500-00. Mr Ydgren submitted that a penalty of this amount would be excessive in the circumstances, and referred to the penalty imposed on Mr D a week ago where he was fined $500-00 for a very similar breach.
Mr McNally had no relevant submissions to make with regard to penalty.
We adjourned to consider the matter of penalty.
Reasons for Penalty:
In relation to penalty we took into account that Mr McNally had a good record and had admitted the breach. On the other hand we also took into account that this was a Group One $80,000-00 race. We looked at the JCA data base and found an almost identical case two years ago where a fine of $500-00 had been imposed, and we were also satisfied that the case of Mr D referred to by Mr Ydgren was also a good guide.
Taking all matters into account we decided that a fine of $500-00 would be imposed 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: ff9e762eb921668948189cc24e6f62ab
informantnumber: A4992
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 01/04/2013
hearing_title: NZ Metro TC 30 March 2013 - R 6
charge:
Alleged careless driving.
facts:
Following the running of Race 6, the Garry Thompson / Fred Shaw NZ Trotting Championship (Group 1 Race), an Information was filed by Stipendiary Steward Mr N. M. Ydgren alleging careless driving by Mr S. R. McNally, the driver of “Clover Don” (6).
The charge reads as follows:
“I the above named informant allege that the above named Respondent committed a breach of Rule 869(3)(b) (in that) you drove carelessly leaving the final bend when attempting to improve your horse into the passing lane when sufficient room was not available resulting in Clover Don striking the wheel of Quality Invasion and breaking.”
Rules 869(3)(b) reads as follows:
“(3) No horseman in any race shall drive:-
(b) carelessly..”
Mr McNally had indicated on the Information that this breach of the Rules was admitted and he confirmed this at the hearing. Mr McNally also agreed that he understood the charge and the Rule it was brought under.
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren gave evidence and used video coverage to show that on the home turn Mr McNally was in the trail behind ”Quality Invasion” (2), with this latter horse tiring. Mr McNally tried to make use of the passing lane, but there was insufficient room. As a result there was contact with the wheel of “Quality Invasion” and “Clover Don” broke losing its chance in the race.
Mr McNally did not dispute the basic facts of this incident, but said that his horse was travelling well behind the tiring “Quality Invasion”, and he was trying to get a run for his horse. He accepted that he had gone for the gap too soon.
reasonsfordecision:
As Mr McNally had admitted this breach it was found to be proved in accordance with Rule 1111(1)(d).
Decision:
The charge was found to be proved.
sumissionsforpenalty:
In relation to penalty Mr Ydgren advised that Mr McNally had not previously breached this Rule and had admitted the breach. This was, however, a Group One $80,000-00 race, and the Penalty Guide recommends as a starting point a penalty of 30 drives or a fine of $1500-00. Mr Ydgren submitted that a penalty of this amount would be excessive in the circumstances, and referred to the penalty imposed on Mr D a week ago where he was fined $500-00 for a very similar breach.
Mr McNally had no relevant submissions to make with regard to penalty.
We adjourned to consider the matter of penalty.
reasonsforpenalty:
In relation to penalty we took into account that Mr McNally had a good record and had admitted the breach. On the other hand we also took into account that this was a Group One $80,000-00 race. We looked at the JCA data base and found an almost identical case two years ago where a fine of $500-00 had been imposed, and we were also satisfied that the case of Mr D referred to by Mr Ydgren was also a good guide.
Taking all matters into account we decided that a fine of $500-00 would be imposed in this case.
penalty:
On resuming the hearing we advised the parties of our reasons (see above) and that Mr McNally was fined the sum of $500-00.
hearing_type: Hearing
Rules: Rule 869(3)(b)
Informant: Mr N M Ydgren - Stipendiary Steward
JockeysandTrainer: Mr S. R. McNally - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: fca66044f3d26923766ef10071a8f1e2
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 7a274be0b4dc9c6bda0c0a7534cad8da
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 30/03/2013
meet_title: NZ Metro TC - 30 March 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: JPhelan
meet_pm1: KHales
meet_pm2: none
name: NZ Metro TC