Marlborough HRC 17 January 2020 – R 7 (heard 19 January 2020 at Blenheim) – Chair, Mr D Anderson

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startdate: 17/01/2020

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hearing_title: Marlborough HRC 17 January 2020 - R 7 (heard 19 January 2020 at Blenheim) - Chair, Mr D Anderson

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Decision:

RACEDAY JUDICIAL COMMITTEE DECISION

Informant: Mr P Williams – Stipendiary Steward

Respondent: Mr B Weaver – Open Driver

Information No: A13153

Meeting: Marlborough Trotting Club

Date: 17 January 2020 (heard at Blenheim 19 January 2020)

Venue: Waterlea Racecourse, Blenheim

Race: 7

Rule No: 869(3)(b)

Judicial Committee: Mr D Anderson Chairman – Mr T Utikere, Ms L Yong - Committee Members

Also Present: Mr S Renault – Stipendiary Steward

Charge: Careless Driving

Plea: Admitted

Evidence:

Following the running of Race 7, an information was filed by Stipendiary Steward, Mr P Williams, against Open Driver Mr B Weaver alleging that. “B Weaver (LA BELLA VITA) drove carelessly near the 700 metres when shifting inwards when insufficiently clear of KAYLA MAGUIRE which was checked”.

Mr Weaver had signed the Information admitting the breach and he confirmed to the Committee that he had a clear understanding of the careless driving rule.

This Information was submitted on 17 January 2020 and heard on Sunday 19 January 2020, day two of the Marlborough Harness Racing Clubs Meeting.

Rule 869(3) (b) provides as follows:

(3) no horseman in any race shall drive:

(b) carelessly

Mr Williams with the assistance of Mr Renault identified LA BELLA VITA and Mr Weaver as the field approached the 800 metres. Mr Renault pointed to Mr Weaver being forced four wide by Mr J Dunn (CHLOE’S JOY). He then showed Mr Weaver ease and shift inwards onto Mr Dunn’s back and check Ms Ottley (KAYLA MAGUIRE) who had followed Mr Dunn out from the running line.

Mr Williams said because of his actions Mr Weaver had checked Ms Ottley out of her rightful position and had driven carelessly.

Mr Weaver submitted he acknowledged his mistake but at the time he thought Ms Ottley had room to her inside but did not see Mr Williams (SONIC REIGN) take up the gap vacated by Mr Dunn. He said he heard Ms Ottley yell but thought she was bluffing as quite often happens.

Decision:

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

Submission for Penalty:

Mr Williams said Mr Weaver was fined $300 on 14 July 2019 which sees him reset with a clear record under this rule by 3 days. He said Mr Weaver had been issued 2 warnings under the rule since then.

He said the Stewards would be seeking a suspension in this case and assessed that Mr Weaver would average 3 drives per meeting.

Reasons for Penalty:

The JCA penalty Guidelines for the rule provides a starting point of a $500 fine or a 10-drive suspension. The Committee deemed the incident to be mid- range and agree a suspension is appropriate in this case.

There are no aggravating factors to consider. The 2 warnings Mr Williams alluded to are irrelevant in assessing Penalty but are noted by the Committee.

The Mitigating factors are Mr Weaver’s good record and admission of the breach.

The Committee having regard for the above factors, considered a 3-day suspension as an appropriate penalty in this case.

Mr Weaver made no submissions on Penalty but wished to start any suspension immediately.

Penalty:

Accordingly, Mr Weaver’s licence to drive is suspended for 3 days from the conclusion of racing today the 19 January up to and including racing on the 31 January 2020.

Meetings encompassed in this suspension are, 24 January at Addington, 26 January at Motukarara, 31 January at Addington.

D Anderson

Chair

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hearing_type: Old Hearing

Rules: 869(3)(b)

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