Ashburton TC 31 May 2015 – R 10 (heard on 5 June 2015 at Nelson)

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hearing_racingtype: harness-racing

startdate: 31/05/2015

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hearing_title: Ashburton TC 31 May 2015 - R 10 (heard on 5 June 2015 at Nelson)

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Decision:

Rule:  869(3)(b)

Informant: Mr N Ydgren - Stipendiary Steward

Respondent: Mr R May - Open Horseman

Information Number: A1481

Meeting: Ashburton TC

Date: 31 May 2015 (heard on 5 June 2015 at Nelson)

Race: 10

Judicial Committee: Mr T Utikere, Chairman - Mr P Williams, Committee Member

Plea: Admitted

Charge: Careless Driving

Evidence:

Information A1481 was adjourned to be heard at a date to be set by the JCA. The Information alleged a breach of Rule 869(3)(b) and was subsequently filed with this Judicial Committee, to be heard at Nelson on 5 June 2015. It related to Race 10 at the Ashburton Trotting Club's Meeting on 31 May and alleged that R May "drove carelessly by allowing your horse to shift downwards and as a result caused checks to IDOLISE and THIS AINT TENNESSEE".

Mr May did not attend the hearing and was represented by Mr Hutton. The Information had been endorsed by Mr May as not admitting the breach. Mr Hutton advised the committee that Mr May had sought clarification on the nature of the charge from the stipendiary stewards, and as a result wanted to now admit the breach.

Using the side-on films, Mr Ydgren identified EXPRESSIVE VICTOR (R May) racing slightly ahead of IDOLISE (Mr Smith) and THIS AINT TENNESSEE (Mr Holmes) in the trail. As the runners raced around the bend towards the 1200 metres, Mr May was in the process of taking his runner forward into the lead. Whilst doing that he allowed his runner to shift inwards when not sufficiently clear of IDOLISE, which as a result was forced to race inside a pylon and had to be heavily restrained in order to avoid further interference. The consequential effect was that THIS AINT TENNESSEE also had to be restrained in the trail. Mr Ydgren used the head-on film to illustrate the reason why IDOLISE raced inside the pylon was due to the downward pressure applied by Mr May as a result of not being sufficiently clear.

Mr Hutton pointed out that EXPRESSIVE VICTOR was hanging as it went around the turn, and that it was also pulling as Mr May attempted to take the lead. Mr Hutton submitted the breach as a minor one, which had been accentuated by IDOLISE having a chocker on it and that it overreacted as a result. Mr Hutton conceded that there was no doubt that Mr May had crowded IDOLISE inside the marker peg, but the subsequent check to THIS AINT TENNESSEE was also a result of IDOLISE's overreaction. He also pointed out that Mr Smith's horse broke free from interference later in the race due to an overreaction of what was happening in front of it.

Decision:

As the charge was admitted, the committee found the charge proved.

Submission For Penalty:

In presenting Mr May's record, Mr Ydgren referred to the JCA Penalty Guidelines which identified a first careless driving breach starting point of a 10 drive suspension or $500 fine. A second breach within four months indicated a starting point of a three day suspension. Mr May's previous careless driving breach occurred at Addington on 30 January. Mr Ydgren identified Mr May as a very senior, very experienced horseman with a very good record. He submitted a $400 fine as appropriate.

Mr Hutton believed the level of carelessness was at the low end and asked the committee to take into consideration that Mr May was a very busy, competitive driver with a very good driving record. He also submitted that none of the affected runners went into a gallop, nor did they lose their racing positions. He submitted a $300 fine as appropriate.

Reasons For Penalty:

The committee considered all of the submissions placed before it. Mr May's previous careless driving breach occurred 4 months and 1 day prior to this current breach. Accordingly, we considered a fine as appropriate and adopted the JCA Penalty Guideline starting point of a $500 fine. The committee independently assessed the level of carelessness to sit at the low end. It was clear that two horses were affected as a direct result of Mr May moving closer towards the running line when not sufficiently clear. From the films it is clear that this had resulted in a check to IDOLISE, forcing it inside a track pylon, and that THIS AINT TENNESSEE also had to be restrained as a result of becoming awkwardly positioned near Mr Smith's sulky. The subsequent racing manners of Mr Smith's horse are irrelevant as the focus for this committee is on the carelessness of Mr May in relation to this specific incident. In mitigation the committee considered the low level carelessness, Mr May's admission of the breach and his good record for a very busy South Island rider. A $350 fine was considered appropriate, which reflected a reduction in the adopted starting point by more than 25%.

Penalty:

Mr May is fined $350.

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hearing_type: Old Hearing

Rules: 869(3)(b)

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