Adjourned hearing – Kapiti Coast HRC 4 January 2021 – R 3 (heard 8 January at Cambridge) – Chair, Mr D Anderson
ID: JCA20454
Hearing Type (Code):
harness-racing
Meet Title:
Kapiti Coast HRC - 4 January 2021
Meet Chair:
NMcCutcheon
Meet Committee Member 1:
NMoffatt
Race Date:
2021/01/04
Race Number:
R 3
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Mr P Williams represented by Mr S Mulcay – Senior Stipendiary Steward
Respondent: Mr S Doody – Open Driver
Information No: A13630
Meeting: Kapiti Coast Harness Racing Club
Date: 4 January 2021 (heard 8 January 2021 at Cambridge)
Venue: Otaki Racecourse
Race No: 3
Rule No: 303(2)
Judicial Committee: Mr D Anderson, Chair – Mr A Godsalve, Member
Plea: Admitted
EVIDENCE:
Following the running of Race 3, an Information was filed by Stipendiary Steward, Mr P Williams alleging a breach of Rule 303(2) by Open Driver, Mr S Doody. The information alleged; ”S Doody (SHANROAD) after being requested to appear before the Stewards to discuss his use of the whip in Race 3, did so but, after a brief discussion, then failed to comply with a Stewards request to remain in the Stewards room to complete those discussions”.
Mr Doody signed the Information stating he admitted the breach and that he was conversant with the Rule.
This Information is additional charge from 4 January and heard on this day 8 January 2021 at Cambridge Raceway.
Rule 303(2) provides as follows:
(2) No person or body who holds a permit or licence under these Rules and no owner, trainer, breeder, stablehand, unlicenced apprentice or racing manager shall misconduct himself or fail to comply with any request, direction, or instruction of any Stipendiary Steward, Racing Investigator or Starter.
Mr Mulcay, representing the Informant, Mr Williams, opening comment was he had picked up on the fact that Mr Doody was very disappointed in himself for his drive in Race 3 and just wasn’t ready to face the Stewards. He said this fact became quite apparent in the manner Mr Doody conducted himself. Firstly, by telling the Stewards to do whatever was required and then exiting the hearing.
Mr Mulcay said Mr Doody is remorseful for the way in which he acted by failing to comply with the request of the Steward.
Mr Mulcay said he noticed in the charge Mr Doody was requested to remain at the hearing, not directed, which is a mitigating factor when it comes to the Committee assessing penalty.
He said Mr Doody has admitted the breach and outlined a truly exemplary record compiled by Mr Doody over many decades in the industry.
Mr Doody agreed with Mr Mulcay’s submissions and had nothing to add.
DECISION:
As Mr Doody admitted the breach the charge was found proved.
PENALTY SUBMISSIONS:
Mr Mulcay referenced two decisions that he said would be helpful for the Committee. The first was Co-Trainer, Mr N Purdon who failed to attend a hearing last year and was fined $400. The second was Ms K Barclay who also failed to attend a hearing the previous year when directed to do so by a Steward. Ms Barclay was fined $400. He said in considering those decisions Stewards are seeking a similar fine.
Mr Doody chose not to make any submissions on penalty.
PENALTY REASONS:
The Committee considered the evidence provided and submissions of both parties carefully.
Mitigating factors in this case outlined by Mr Mulcay are substantial and the Committee have some regard for them.
The aggravating factor is that Mr Doody ignored a request by a Steward and in doing so showed a lack of respect for the Stewards, the JCA Committee, and the important process of a race day hearing.
The Committee in considering these factors, and to be consistent with similar breaches, find a $400 fine as an appropriate penalty in this case.
PENALTY:
Accordingly, Mr Doody is fined $400.
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: 8a0fb452fadae9f4c94f444b9303acb3
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 04/01/2021
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Adjourned hearing - Kapiti Coast HRC 4 January 2021 - R 3 (heard 8 January at Cambridge) - Chair, Mr D Anderson
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Mr P Williams represented by Mr S Mulcay – Senior Stipendiary Steward
Respondent: Mr S Doody – Open Driver
Information No: A13630
Meeting: Kapiti Coast Harness Racing Club
Date: 4 January 2021 (heard 8 January 2021 at Cambridge)
Venue: Otaki Racecourse
Race No: 3
Rule No: 303(2)
Judicial Committee: Mr D Anderson, Chair – Mr A Godsalve, Member
Plea: Admitted
EVIDENCE:
Following the running of Race 3, an Information was filed by Stipendiary Steward, Mr P Williams alleging a breach of Rule 303(2) by Open Driver, Mr S Doody. The information alleged; ”S Doody (SHANROAD) after being requested to appear before the Stewards to discuss his use of the whip in Race 3, did so but, after a brief discussion, then failed to comply with a Stewards request to remain in the Stewards room to complete those discussions”.
Mr Doody signed the Information stating he admitted the breach and that he was conversant with the Rule.
This Information is additional charge from 4 January and heard on this day 8 January 2021 at Cambridge Raceway.
Rule 303(2) provides as follows:
(2) No person or body who holds a permit or licence under these Rules and no owner, trainer, breeder, stablehand, unlicenced apprentice or racing manager shall misconduct himself or fail to comply with any request, direction, or instruction of any Stipendiary Steward, Racing Investigator or Starter.
Mr Mulcay, representing the Informant, Mr Williams, opening comment was he had picked up on the fact that Mr Doody was very disappointed in himself for his drive in Race 3 and just wasn’t ready to face the Stewards. He said this fact became quite apparent in the manner Mr Doody conducted himself. Firstly, by telling the Stewards to do whatever was required and then exiting the hearing.
Mr Mulcay said Mr Doody is remorseful for the way in which he acted by failing to comply with the request of the Steward.
Mr Mulcay said he noticed in the charge Mr Doody was requested to remain at the hearing, not directed, which is a mitigating factor when it comes to the Committee assessing penalty.
He said Mr Doody has admitted the breach and outlined a truly exemplary record compiled by Mr Doody over many decades in the industry.
Mr Doody agreed with Mr Mulcay’s submissions and had nothing to add.
DECISION:
As Mr Doody admitted the breach the charge was found proved.
PENALTY SUBMISSIONS:
Mr Mulcay referenced two decisions that he said would be helpful for the Committee. The first was Co-Trainer, Mr N Purdon who failed to attend a hearing last year and was fined $400. The second was Ms K Barclay who also failed to attend a hearing the previous year when directed to do so by a Steward. Ms Barclay was fined $400. He said in considering those decisions Stewards are seeking a similar fine.
Mr Doody chose not to make any submissions on penalty.
PENALTY REASONS:
The Committee considered the evidence provided and submissions of both parties carefully.
Mitigating factors in this case outlined by Mr Mulcay are substantial and the Committee have some regard for them.
The aggravating factor is that Mr Doody ignored a request by a Steward and in doing so showed a lack of respect for the Stewards, the JCA Committee, and the important process of a race day hearing.
The Committee in considering these factors, and to be consistent with similar breaches, find a $400 fine as an appropriate penalty in this case.
PENALTY:
Accordingly, Mr Doody is fined $400.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 303(2)
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 676e0cbaa1c76e3c4f217b7c71157f62
race_expapproval:
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race_emailed1: 0
race_emailed2: 0
race_title: R 3
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meetdate: 04/01/2021
meet_title: Kapiti Coast HRC - 4 January 2021
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tracklocation: kapiti-coast-hrc
meet_racingtype: harness-racing
meet_chair: NMcCutcheon
meet_pm1: NMoffatt
meet_pm2: none
name: Kapiti Coast HRC