NZ Metro TC – 30 October 2010 – R 1
ID: JCA18530
Hearing Type (Code):
harness-racing
Meet Title:
NZ Metro TC - 30 October 2010
Meet Chair:
tom
Meet Committee Member 1:
tom
Meet Committee Member 2:
tom
Race Date:
2010/10/30
Race Number:
R 1
Decision: --
RACEDAY JUDICIAL COMMITTEE DECISION
--Informant: N R Escott, Chief Stipendiary Steward
--Defendant: G D Smith, Licensed Open Driver
--Information No: 69312
--Meeting: New Zealand Metropolitan Trotting Club
--Date: 30 October 2010
--Venue: Addington Raceway, Christchurch
--Race: 1
--Rule No: 869 (4)
--Judicial Committee: R G McKenzie, Chairman – S C Ching, Committee Member
--Plea: Admitted
----
FACTS:
--Following the running of Race 1, “Gotta Go Cullen” at Wai-Eyre Farm Pace, an information was filed by Chief Stipendiary Steward, Mr N R Escott, against Licensed Open Driver, Mr G D Smith, alleging a breach of Rule 869 (4) in that Mr Smith, as the driver of LE RAPIDE in the race, “drove in a manner causing or likely to cause interference when attempting to shift SUE DINKA (M P Jones) wider on the track causing his own horse to break with interference to LUNA STYX”.
----
Mr Smith was present at the hearing of the information and he indicated that he did not admit the breach.
----
Rule 869 provides as follows:
--(4) No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its horse or its progress.
----
SUBMISSION(S):
--Mr Escott called Stipendiary Steward, Mr N G McIntyre, to show video replays of the incident with approximately 800 metres to run. He pointed out THE VILLAGE NURSE (C J De Filippi) improve 3-wide without cover with SUE DINKA (M P Jones) following. Mr Smith, driving LE RAPIDE, was racing 3-back in the one-out line. At that point, Mr Smith attempted to shift out onto the back of THE VILLAGE NURSE. Mr McIntyre described the manoeuvre as “abrupt” and “high risk”. While Mr Jones was not hard on the back of Mr De Filippi, he was “progressing sharply”. Mr McIntyre alleged that Mr Smith’s outward movement was not safe or acceptable.
----
Mr Jones said that he had been racing 4 or 5 back on the outer when Mr De Filippi moved in front of him. He had followed Mr De Filippi. When Mr Smith came out, Mr Jones said, he was not hard on Mr De Filippi’s back but he was “progressing sharply”. Mr Smith had been in a position to push out and attempted to do so. Mr Jones said that Mr Smith had attempted to do so but he, Mr Jones, was moving forward quickly. Mr Smith’s horse ran out of room and galloped. Mr Jones said that he never left Mr De Filippi’s back.
----
The hearing was then adjourned. Upon resumption of the hearing, Mr Smith informed the Committee that, having seen the head-on video replay earlier in the hearing, he wished to change his plea and admit the breach.
----
DECISION:
--The charge was found proved.
----
SUBMISSION(S) ON PENALTY:
--Mr Escott informed the Committee that Mr Smith had been fined the sum of $200 on 25 May 2010 for a breach of the same Rule. Mr Escott said that, in his view, the breach was mid-range. Mr Smith had 343 drives in the 2009/2010 season and, in the current season to date, has had 78 drives. Mr Escott said that the Committee should take into account Mr Smith’s change of plea. He submitted that a fine of $250 was appropriate.
----
Mr Smith declined the opportunity to make any submissions in relation to penalty.
----
REASONS:
--In determining penalty, the Committee took into account Mr Smith’s change of plea. The Committee noted Mr Smith’s breach in May of this year but considered his record to be a good one having regard to the number of drives that he has. The Committee agreed with Mr Escott’s assessment of the offending as mid-range.
----
PENALTY:
--Mr Smith was fined the sum of $250.
----
--
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: 0e0d71e1763fb8a27cf0a589fe31c192
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 30/10/2010
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: NZ Metro TC - 30 October 2010 - R 1
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--RACEDAY JUDICIAL COMMITTEE DECISION
--Informant: N R Escott, Chief Stipendiary Steward
--Defendant: G D Smith, Licensed Open Driver
--Information No: 69312
--Meeting: New Zealand Metropolitan Trotting Club
--Date: 30 October 2010
--Venue: Addington Raceway, Christchurch
--Race: 1
--Rule No: 869 (4)
--Judicial Committee: R G McKenzie, Chairman – S C Ching, Committee Member
--Plea: Admitted
----
FACTS:
--Following the running of Race 1, “Gotta Go Cullen” at Wai-Eyre Farm Pace, an information was filed by Chief Stipendiary Steward, Mr N R Escott, against Licensed Open Driver, Mr G D Smith, alleging a breach of Rule 869 (4) in that Mr Smith, as the driver of LE RAPIDE in the race, “drove in a manner causing or likely to cause interference when attempting to shift SUE DINKA (M P Jones) wider on the track causing his own horse to break with interference to LUNA STYX”.
----
Mr Smith was present at the hearing of the information and he indicated that he did not admit the breach.
----
Rule 869 provides as follows:
--(4) No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its horse or its progress.
----
SUBMISSION(S):
--Mr Escott called Stipendiary Steward, Mr N G McIntyre, to show video replays of the incident with approximately 800 metres to run. He pointed out THE VILLAGE NURSE (C J De Filippi) improve 3-wide without cover with SUE DINKA (M P Jones) following. Mr Smith, driving LE RAPIDE, was racing 3-back in the one-out line. At that point, Mr Smith attempted to shift out onto the back of THE VILLAGE NURSE. Mr McIntyre described the manoeuvre as “abrupt” and “high risk”. While Mr Jones was not hard on the back of Mr De Filippi, he was “progressing sharply”. Mr McIntyre alleged that Mr Smith’s outward movement was not safe or acceptable.
----
Mr Jones said that he had been racing 4 or 5 back on the outer when Mr De Filippi moved in front of him. He had followed Mr De Filippi. When Mr Smith came out, Mr Jones said, he was not hard on Mr De Filippi’s back but he was “progressing sharply”. Mr Smith had been in a position to push out and attempted to do so. Mr Jones said that Mr Smith had attempted to do so but he, Mr Jones, was moving forward quickly. Mr Smith’s horse ran out of room and galloped. Mr Jones said that he never left Mr De Filippi’s back.
----
The hearing was then adjourned. Upon resumption of the hearing, Mr Smith informed the Committee that, having seen the head-on video replay earlier in the hearing, he wished to change his plea and admit the breach.
----
DECISION:
--The charge was found proved.
----
SUBMISSION(S) ON PENALTY:
--Mr Escott informed the Committee that Mr Smith had been fined the sum of $200 on 25 May 2010 for a breach of the same Rule. Mr Escott said that, in his view, the breach was mid-range. Mr Smith had 343 drives in the 2009/2010 season and, in the current season to date, has had 78 drives. Mr Escott said that the Committee should take into account Mr Smith’s change of plea. He submitted that a fine of $250 was appropriate.
----
Mr Smith declined the opportunity to make any submissions in relation to penalty.
----
REASONS:
--In determining penalty, the Committee took into account Mr Smith’s change of plea. The Committee noted Mr Smith’s breach in May of this year but considered his record to be a good one having regard to the number of drives that he has. The Committee agreed with Mr Escott’s assessment of the offending as mid-range.
----
PENALTY:
--Mr Smith was fined the sum of $250.
----
--
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869(4)
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 53bc207aa45799b0c4ce83b21cb5ac96
race_expapproval:
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race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 1
submittochair:
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race_chair:
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meetid: 235ad746c0fe135650d7e3e099d1fe05
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waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 30/10/2010
meet_title: NZ Metro TC - 30 October 2010
meet_expappcomment:
meet_km:
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tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: tom
meet_pm1: tom
meet_pm2: tom
name: NZ Metro TC