NZ Metropolitan TC 19 October 2018 – R 9 – (heard 25 October 2018 at Forbury Park) – Chair, Prof G Hall
ID: JCA20434
Hearing Type (Code):
harness-racing
Meet Title:
NZ Metro TC - 19 October 2018
Meet Chair:
DJackson
Meet Committee Member 1:
RMcKenzie
Race Date:
2018/10/19
Race Number:
R 9
Decision:
JUDICIAL COMMITTEE RACEDAY DECISION
Informant: Mr N Ydgren – Chief Stipendiary Steward
Respondent: Ms J Young – Open Horseman
Information No: A12405
Meeting: New Zealand Metropolitan Trotting Club
Date: 19 October 2018 (heard 25 October 2018 at Forbury Park)
Race No: 9
Rule: 869(3)(b)
Judicial Committee: Prof G Hall, Chairman
Also Present: Mr S Renault – Stipendiary Steward
Charge: Careless Driving
Plea: Admitted
Evidence:
Mr Ydgren lodged an information alleging Ms Young (XMAS BAY) drove carelessly in race 9 at the New Zealand Metro TC meeting on 19 October 2018 in that she shifted outwards on the final bend when not sufficiently clear to do so checking SPINATALE (Mr L O’Reilly) which broke.
The information was laid, and the matter adjourned sine die at the meeting on 19 October.
Mr Renault, Stipendiary Steward, appeared for the RIU. He identified Ms Young racing 4 back on the fence, and towards the end of the back straight she had improved to a one out position. Ms Ottley was out wider. Ms Young was then held up and she shifted wider on the track and, in so doing, Ms Ottley was pushed wider on the track and the hind leg of Mr O’Reilly’s horse, SPINATALE, came into contact with a wheel of Ms Ottley’s sulky. He said Ms Ottley was at best a neck ahead of Mr O’Reilly and she had no way of relieving the pressure that Ms Young had placed upon her.
Ms Young accepted that the Stewards’ description of the incident was correct. She added that Mr O’Reilly was “not keeping up” and thus she did not believe he would have run a place. He was urging his horse at the time. There was no yelling and it was an error of judgement on her part.
Decision:
As the respondent has admitted the breach, it is found to be proved.
Submission for Penalty:
Mr Renault stated that Ms Young had had 48 drives this season and 112 last season. Her previous breach of this rule was on 10 December last year. That was more than six months ago and thus the reset period applied. The starting point in the Penalty Guide was $500 or 10 drives. He believed Ms Young averaged 3 to 4 drives per meeting. Mr Renault described the breach as mid-range and he submitted a 3 to 4 day suspension was appropriate.
Ms Young stated that a fellow driver, Ms Ottley, had received a 2 day suspension in similar circumstances earlier this month. She believed a penalty at that level was appropriate. She further emphasised the breach was low-range and asked the Committee to consider a fine.
Reasons for Penalty:
Ms Young has shifted outwards looking for a run and, in so doing, she has forced Ms Ottley wider on the track. Ms Ottley has come into contact with the hind leg of SPINATALE, driven by Mr O’Reilly, and that horse has galloped. It is a misjudgement by Ms Young.
The starting point is 10 drives. The breach is low to mid-range. The personal mitigating factors are the respondent’s admission of the breach and her good record, with no breaches of this rule these past six months, although that to some extent is built into the starting point.
Ms Young’s submission that Mr O’Reilly’s horse was not going to be in the finish, whether or not he not received interference, would appear to have some foundation in the video evidence. Mr Renault’s submission that Ms Young has finished in 4th place in circumstances where she obtained a run that she was not entitled to under the Rules is also correct. Thus, a suspension rather than a fine is appropriate.
The penalty is calculated on the basis that the respondent has 3 to 4 drives per meeting. There is a three drive discount for record and admission of the breach.
Penalty:
Ms Young has no drives at Kaikoura. She is suspended for two meetings. The suspension commences after racing on 25 October and is up to and including 3 November 2018.
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: 85edc6488fb254340a17eba9e58d3635
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 19/10/2018
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: NZ Metropolitan TC 19 October 2018 - R 9 - (heard 25 October 2018 at Forbury Park) - Chair, Prof G Hall
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
JUDICIAL COMMITTEE RACEDAY DECISION
Informant: Mr N Ydgren – Chief Stipendiary Steward
Respondent: Ms J Young – Open Horseman
Information No: A12405
Meeting: New Zealand Metropolitan Trotting Club
Date: 19 October 2018 (heard 25 October 2018 at Forbury Park)
Race No: 9
Rule: 869(3)(b)
Judicial Committee: Prof G Hall, Chairman
Also Present: Mr S Renault – Stipendiary Steward
Charge: Careless Driving
Plea: Admitted
Evidence:
Mr Ydgren lodged an information alleging Ms Young (XMAS BAY) drove carelessly in race 9 at the New Zealand Metro TC meeting on 19 October 2018 in that she shifted outwards on the final bend when not sufficiently clear to do so checking SPINATALE (Mr L O’Reilly) which broke.
The information was laid, and the matter adjourned sine die at the meeting on 19 October.
Mr Renault, Stipendiary Steward, appeared for the RIU. He identified Ms Young racing 4 back on the fence, and towards the end of the back straight she had improved to a one out position. Ms Ottley was out wider. Ms Young was then held up and she shifted wider on the track and, in so doing, Ms Ottley was pushed wider on the track and the hind leg of Mr O’Reilly’s horse, SPINATALE, came into contact with a wheel of Ms Ottley’s sulky. He said Ms Ottley was at best a neck ahead of Mr O’Reilly and she had no way of relieving the pressure that Ms Young had placed upon her.
Ms Young accepted that the Stewards’ description of the incident was correct. She added that Mr O’Reilly was “not keeping up” and thus she did not believe he would have run a place. He was urging his horse at the time. There was no yelling and it was an error of judgement on her part.
Decision:
As the respondent has admitted the breach, it is found to be proved.
Submission for Penalty:
Mr Renault stated that Ms Young had had 48 drives this season and 112 last season. Her previous breach of this rule was on 10 December last year. That was more than six months ago and thus the reset period applied. The starting point in the Penalty Guide was $500 or 10 drives. He believed Ms Young averaged 3 to 4 drives per meeting. Mr Renault described the breach as mid-range and he submitted a 3 to 4 day suspension was appropriate.
Ms Young stated that a fellow driver, Ms Ottley, had received a 2 day suspension in similar circumstances earlier this month. She believed a penalty at that level was appropriate. She further emphasised the breach was low-range and asked the Committee to consider a fine.
Reasons for Penalty:
Ms Young has shifted outwards looking for a run and, in so doing, she has forced Ms Ottley wider on the track. Ms Ottley has come into contact with the hind leg of SPINATALE, driven by Mr O’Reilly, and that horse has galloped. It is a misjudgement by Ms Young.
The starting point is 10 drives. The breach is low to mid-range. The personal mitigating factors are the respondent’s admission of the breach and her good record, with no breaches of this rule these past six months, although that to some extent is built into the starting point.
Ms Young’s submission that Mr O’Reilly’s horse was not going to be in the finish, whether or not he not received interference, would appear to have some foundation in the video evidence. Mr Renault’s submission that Ms Young has finished in 4th place in circumstances where she obtained a run that she was not entitled to under the Rules is also correct. Thus, a suspension rather than a fine is appropriate.
The penalty is calculated on the basis that the respondent has 3 to 4 drives per meeting. There is a three drive discount for record and admission of the breach.
Penalty:
Ms Young has no drives at Kaikoura. She is suspended for two meetings. The suspension commences after racing on 25 October and is up to and including 3 November 2018.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869(3)(b)
Informant:
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Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: e834e708afdc8ae202483eb0cbe2124b
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race_title: R 9
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meetdate: 19/10/2018
meet_title: NZ Metro TC - 19 October 2018
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meet_chair: DJackson
meet_pm1: RMcKenzie
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name: NZ Metro TC