Timaru HRC – 20 September 2009 – Race 3
ID: JCA18684
Hearing Type (Code):
harness-racing
Meet Title:
Timaru HRC - 20 September 2009
Race Date:
2009/09/20
Race Number:
Race 3
Decision:
Following the running of Race 3, Norfolk Motors Mobile Pace, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Graduation Driver, Mr G C Telfer, alleging a breach of Rule 869 (3) (g) in that he “drove in a manner which was capable of diminishing BORN LUCKY’s chances when racing three wide without cover for the duration of the event”.
--
Following the running of Race 3, Norfolk Motors Mobile Pace, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Graduation Driver, Mr G C Telfer, alleging a breach of Rule 869 (3) (g) in that he “drove in a manner which was capable of diminishing BORN LUCKY’s chances when racing three wide without cover for the duration of the event”.
--Mr Telfer was present at the hearing of the information and admitted the breach. The charge was found proved accordingly.
--Rule 869 provides as follows:
(3) No horseman in any race shall drive:-
(g) in any manner capable of diminishing the chances of his horse winning.
Mr Ydgren informed the Committee that BORN LUCKY had drawn barrier No. 5 on the second row in the 2600 metres mobile start event. From the outset, Mr Telfer was left 3-wide and unable to gain a position any closer to the running line. Mr Telfer continued on in this position, going neither forward nor back for most of the Race before tiring near the finish.
--Mrs K R Williams, Stipendiary Steward, showed a video replay of the Race. She pointed out BORN LUCKY move through from the second row to be 4-wide early. Mr Telfer could have continued on to go round or could have restrained, or could have eased another runner down, Mrs Williams said. Shortly after that, Mr Telfer had an opportunity to restrain into a gap and ease down or to restrain further back in the field. There were gaps between the runners in the one-out line, Mrs Williams said. Mr Telfer took no such steps but elected to remain 3-wide and could not win from that position. BORN LUCKY beat only one runner home.
--Mr Telfer stated that he did not want to be in the position he was in but he felt it was a better place to be than going backwards and having to come forward again or going forward and “running out of gas”. He admitted that he lacked the experience to be able to get back into the one-out line.
--Mr Ydgren said that Mr Telfer had had 42 drives in his lifetime, 41 in the 2008/2009 season and one this season. He drives horses trained by himself, Mr Telfer told the Committee and he currently has two horses in work.
--Mr Ydgren referred the Committee to the penalty imposed by the Appeals Tribunal in the recent case of C – a 7 weeks’ suspension. for a breach of the same Rule. He also referred to the Penalty Guide which recommended a starting point of a $250 fine or a suspension of 1 week. Mr Ydgren recommended a suspension of 5 weeks. Referring to the case of C, Mr Ydgren pointed out that Mr Telfer drove on a more frequent basis than the graduation horseman in that case.
--The Committee took the view that the C case was a more reliable starting point than the Penalty Guide. In the Committee’s view, the starting point suggested by the Guide is on the light side for a breach of the Rule. Mr Telfer was entitled to receive credit for his previous good record and his admission of the breach. It was also relevant that Mr Telfer does drive more frequently than the defendant in that case.
--The Committee determined that the appropriate penalty taking all the factors referred to into account, is a suspension of 5 weeks. Accordingly, Mr Telfer’s Graduation Horseman’s licence is suspended up to and including Sunday, 25 October 2009.
--
R G McKenzie P J Rosanowski
CHAIR Committee Member
67797
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: 0e197e658e9c20e1a7c1a10c8571e053
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 20/09/2009
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Timaru HRC - 20 September 2009 - Race 3
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Following the running of Race 3, Norfolk Motors Mobile Pace, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Graduation Driver, Mr G C Telfer, alleging a breach of Rule 869 (3) (g) in that he “drove in a manner which was capable of diminishing BORN LUCKY’s chances when racing three wide without cover for the duration of the event”.
--
Following the running of Race 3, Norfolk Motors Mobile Pace, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Graduation Driver, Mr G C Telfer, alleging a breach of Rule 869 (3) (g) in that he “drove in a manner which was capable of diminishing BORN LUCKY’s chances when racing three wide without cover for the duration of the event”.
--Mr Telfer was present at the hearing of the information and admitted the breach. The charge was found proved accordingly.
--Rule 869 provides as follows:
(3) No horseman in any race shall drive:-
(g) in any manner capable of diminishing the chances of his horse winning.
Mr Ydgren informed the Committee that BORN LUCKY had drawn barrier No. 5 on the second row in the 2600 metres mobile start event. From the outset, Mr Telfer was left 3-wide and unable to gain a position any closer to the running line. Mr Telfer continued on in this position, going neither forward nor back for most of the Race before tiring near the finish.
--Mrs K R Williams, Stipendiary Steward, showed a video replay of the Race. She pointed out BORN LUCKY move through from the second row to be 4-wide early. Mr Telfer could have continued on to go round or could have restrained, or could have eased another runner down, Mrs Williams said. Shortly after that, Mr Telfer had an opportunity to restrain into a gap and ease down or to restrain further back in the field. There were gaps between the runners in the one-out line, Mrs Williams said. Mr Telfer took no such steps but elected to remain 3-wide and could not win from that position. BORN LUCKY beat only one runner home.
--Mr Telfer stated that he did not want to be in the position he was in but he felt it was a better place to be than going backwards and having to come forward again or going forward and “running out of gas”. He admitted that he lacked the experience to be able to get back into the one-out line.
--Mr Ydgren said that Mr Telfer had had 42 drives in his lifetime, 41 in the 2008/2009 season and one this season. He drives horses trained by himself, Mr Telfer told the Committee and he currently has two horses in work.
--Mr Ydgren referred the Committee to the penalty imposed by the Appeals Tribunal in the recent case of C – a 7 weeks’ suspension. for a breach of the same Rule. He also referred to the Penalty Guide which recommended a starting point of a $250 fine or a suspension of 1 week. Mr Ydgren recommended a suspension of 5 weeks. Referring to the case of C, Mr Ydgren pointed out that Mr Telfer drove on a more frequent basis than the graduation horseman in that case.
--The Committee took the view that the C case was a more reliable starting point than the Penalty Guide. In the Committee’s view, the starting point suggested by the Guide is on the light side for a breach of the Rule. Mr Telfer was entitled to receive credit for his previous good record and his admission of the breach. It was also relevant that Mr Telfer does drive more frequently than the defendant in that case.
--The Committee determined that the appropriate penalty taking all the factors referred to into account, is a suspension of 5 weeks. Accordingly, Mr Telfer’s Graduation Horseman’s licence is suspended up to and including Sunday, 25 October 2009.
--
R G McKenzie P J Rosanowski
CHAIR Committee Member
67797
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.3.g
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 9ac6a51fe01ea9b91ad15bbc34f8bde9
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race_emailed1: 0
race_emailed2: 0
race_title: Race 3
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meet_emailed2: 0
meetdate: 20/09/2009
meet_title: Timaru HRC - 20 September 2009
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meet_racingtype: harness-racing
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name: Timaru HRC