NZ Metro TC – 23 March 2007 – Race 10
ID: JCA20614
Hearing Type (Code):
harness-racing
Meet Title:
NZ Metro TC - 23 March 2007
Race Date:
2007/03/23
Race Number:
Race 10
Decision: --
Following the running of Race 10, 123golf.com Handicap Trot, an information was filed by Stipendiary Steward, Mr T W Taumanu, against Licensed Open Horseman, Mr J W Smith, alleging that Mr Smith drove carelessly
--
DECISION AND REASONS:
--Following the running of Race 10, 123golf.com Handicap Trot, an information was filed by Stipendiary Steward, Mr T W Taumanu, against Licensed Open Horseman, Mr J W Smith, alleging that Mr Smith drove carelessly in that, as the driver of SOME DIRECTION in the Race, he "allowed his horse to shift out onto RHYTHM OF THE NIGHT (J F Curtin) causing this horse to be checked with approximately 200 metres to run".
----Mr Smith was present at the hearing of the information and admitted the breach. Accordingly, the charge was found to be proved.
----Mr B D Williams, Assistant Stipendiary Steward, showed video replays of the final stages of the Race. He pointed out SOME DIRECTION racing outside the leader, CRACKER NOVA, turning into the home straight with RHYTHM OF THE NIGHT on the outside of and behind SOME DIRECTION. He pointed out Mr Smith's whip action as SOME DIRECTION drifted out ? his right arm was "active" immediately prior to the horse shifting out and contacting the leg of RHYTHM OF THE NIGHT. The contact to the near front leg of RHYTHM OF THE NIGHT was apparent from the video replay. Mr Curtin had taken action, prior to this, to restrain his horse but could not avoid making contact with SOME DIRECTION which had moved out about a cart width ? enough to impede the progress of RHYTHM OF THE NIGHT, Mr Williams said.
----Mr Taumanu requested that the incident be shown in slow motion. He showed RHYTHM OF THE NIGHT's leg "climb over the wheel" of SOME DIRECTION's sulky. He submitted that, had the incident involved a horseman with less experience and skill than Mr Curtin, there could have been "very serious consequences".
----Mr Smith acknowledged that SOME DIRECTION had run out. He asked the Committee to take into account that there was not much room outside him at the time.
----Mr Taumanu informed the Committee that Mr Smith had a clear driving record but pointed out that it was a "premier night". It was Mr Smith's "up and down whipping action" that had allowed his horse to run out. Mr Taumanu submitted that, notwithstanding Mr Smith's guilty plea, a fine in the range of $400-500 was appropriate. The stake for the Race was $25,000.
----Mr Smith had no submission in relation to penalty but indicated that he would prefer a fine to a suspension.
----Following a deliberation, the Committee delivered the following oral decision in relation to penalty:
----"In arriving at penalty in this case, we have taken into account, as mitigating factors, as pointed out by Mr Taumanu, Mr Smith's admission of the breach and his good driving record. However, against that, we have had to take into account the stake of $25,000 payable for the Race and we have also taken into account that the chances of another runner, RHYTHM OF THE NIGHT, were quite seriously affected as a result of the interference. So, weighing up all matters, we consider that a fine of $400 is appropriate and Mr Smith is fined the sum of $400 accordingly."
----R G McKenzie
----CHAIRMAN
------
----
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: 6c75ee1e36d228e4868bddf9e1c19fff
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 23/03/2007
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: NZ Metro TC - 23 March 2007 - Race 10
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--Following the running of Race 10, 123golf.com Handicap Trot, an information was filed by Stipendiary Steward, Mr T W Taumanu, against Licensed Open Horseman, Mr J W Smith, alleging that Mr Smith drove carelessly
--
DECISION AND REASONS:
--Following the running of Race 10, 123golf.com Handicap Trot, an information was filed by Stipendiary Steward, Mr T W Taumanu, against Licensed Open Horseman, Mr J W Smith, alleging that Mr Smith drove carelessly in that, as the driver of SOME DIRECTION in the Race, he "allowed his horse to shift out onto RHYTHM OF THE NIGHT (J F Curtin) causing this horse to be checked with approximately 200 metres to run".
----Mr Smith was present at the hearing of the information and admitted the breach. Accordingly, the charge was found to be proved.
----Mr B D Williams, Assistant Stipendiary Steward, showed video replays of the final stages of the Race. He pointed out SOME DIRECTION racing outside the leader, CRACKER NOVA, turning into the home straight with RHYTHM OF THE NIGHT on the outside of and behind SOME DIRECTION. He pointed out Mr Smith's whip action as SOME DIRECTION drifted out ? his right arm was "active" immediately prior to the horse shifting out and contacting the leg of RHYTHM OF THE NIGHT. The contact to the near front leg of RHYTHM OF THE NIGHT was apparent from the video replay. Mr Curtin had taken action, prior to this, to restrain his horse but could not avoid making contact with SOME DIRECTION which had moved out about a cart width ? enough to impede the progress of RHYTHM OF THE NIGHT, Mr Williams said.
----Mr Taumanu requested that the incident be shown in slow motion. He showed RHYTHM OF THE NIGHT's leg "climb over the wheel" of SOME DIRECTION's sulky. He submitted that, had the incident involved a horseman with less experience and skill than Mr Curtin, there could have been "very serious consequences".
----Mr Smith acknowledged that SOME DIRECTION had run out. He asked the Committee to take into account that there was not much room outside him at the time.
----Mr Taumanu informed the Committee that Mr Smith had a clear driving record but pointed out that it was a "premier night". It was Mr Smith's "up and down whipping action" that had allowed his horse to run out. Mr Taumanu submitted that, notwithstanding Mr Smith's guilty plea, a fine in the range of $400-500 was appropriate. The stake for the Race was $25,000.
----Mr Smith had no submission in relation to penalty but indicated that he would prefer a fine to a suspension.
----Following a deliberation, the Committee delivered the following oral decision in relation to penalty:
----"In arriving at penalty in this case, we have taken into account, as mitigating factors, as pointed out by Mr Taumanu, Mr Smith's admission of the breach and his good driving record. However, against that, we have had to take into account the stake of $25,000 payable for the Race and we have also taken into account that the chances of another runner, RHYTHM OF THE NIGHT, were quite seriously affected as a result of the interference. So, weighing up all matters, we consider that a fine of $400 is appropriate and Mr Smith is fined the sum of $400 accordingly."
----R G McKenzie
----CHAIRMAN
------
----
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules:
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 65afe7f86303f2c5351b37731b693d2e
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 10
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 73e2d8acc98cd4309efc363e5504f6f0
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 23/03/2007
meet_title: NZ Metro TC - 23 March 2007
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: NZ Metro TC