NZ Metro TC – 15 May 2009 –
ID: JCA20814
Hearing Type (Code):
harness-racing
Decision:
Following the running of Race 7, Garrard’s Sires’ Stakes Two-Year-Old Final, an information was filed by Chief Stipendiary Steward, Mr N R Escott, against Licensed Open Horseman, Mr R D Holmes, alleging that Mr Holmes “drove carelessly when allowing his horse to strike the sulky of MAPUA LEGEND dislodging R T May and extinguishing the chances of this horse and his horse CODE RED and LEONIDAS”.
Following the running of Race 7, Garrard’s Sires’ Stakes Two-Year-Old Final, an information was filed by Chief Stipendiary Steward, Mr N R Escott, against Licensed Open Horseman, Mr R D Holmes, alleging that Mr Holmes “drove carelessly when allowing his horse to strike the sulky of MAPUA LEGEND dislodging R T May and extinguishing the chances of this horse and his horse CODE RED and LEONIDAS”.
Mr Holmes was present at the hearing of the information and he indicated to the Committee that he admitted the breach.
Rule 869 provides as follows:
(3) No horseman in any race shall drive:-
(b) carelessly.
Mr N M Ydgren, Stipendiary Steward, showed video replays of the incident which occurred with approximately 500 metres to run. He pointed out CODE RED, driven by Mr Holmes, following MAPUA LEGEND (R T May) and then striking the sulky of that horse and breaking. Mr May was dislodged from the sulky. LEONIDAS received interference and lost all chance. CODE RED also lost its chance.
--Mr Holmes said that he was not familiar with the action of the horse and it was racing keenly at the time.
Mr Escott, in relation to penalty, informed the Committee of Mr Holmes’ penalty record for careless driving as follows:
7.2.09 Ashburton Fined $600
26.12.08 Westport Fined $350
11.11.08 Addington Fined $750
Mr Escott referred to the fact that the Race was a “very prestigious event” with a total stake of $200,000. He recommended, having regard to those matters and Mr Holmes’ admission of the breach, a suspension of between 2 and 3 weeks and a fine of $1,000.
--Mr Holmes submitted that none of the runners affected in the incident was going to “get any money”. He indicated that he had confirmed drives at the Oamaru meeting on Sunday, 17 May. He had an engagement to drive KIWI INGENUITY, trained by him, in the Harness Jewels at Ashburton on 30 May 2009, a $200,000 race, and was keen to be able to fulfil that engagement.
--Mr Escott invited the Committee to reduce the recommended period of suspension and increase the recommended fine. The meetings at which Mr Holmes would be likely to have drives at prior to the Harness Jewels were looked at.
--The Committee noted that the penalty recommended as a starting point in the JCA Penalty Guide for careless driving causing accident or injury was a $1,000 fine and/or a suspension of 3 weeks.
--Following a deliberation, the Committee delivered the following oral decision in relation to penalty:
“We have considered the submissions made by both of you in relation to penalty in this matter. In assessing penalty, we have given Mr Holmes credit for his admission of the breach. We also accept his submission that, although his own horse and two other runners lost their chances, it was unlikely that any of those three runners was going to finish in a stakes-bearing placing. The aggravating feature, of course, Mr Holmes, is your driving record – we note that this is your fourth careless driving offence in the last 6 months.
Further, we must take into account, in this case, the status of the Race (Group 1) and the stake payable ($200,000). Mr Escott recommended a suspension of 2-3 weeks and a fine of $1,000 but invited us to reduce the period of suspension and increase the fine. Mr Holmes, you indicated that you have an engagement to drive KIWI INGENUITY in the Harness Jewels on 30 May and, also, that you have declared drives at Oamaru on Sunday.
--After weighing up all factors, we have decided that your horseman’s licence will be suspended from after the conclusion of racing on 17 May 2009 up to and including 29 May 2009, which we calculate to be 5 driving days, and in addition you will be fined the sum of $1,500.”
R G McKenzie
CHAIRMAN
67987
Decision Date: 15/05/2009
Publish Date: 15/05/2009
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: 9b70e79737b55e88d81d739f6664004c
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 15/05/2009
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: NZ Metro TC - 15 May 2009 -
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Following the running of Race 7, Garrard’s Sires’ Stakes Two-Year-Old Final, an information was filed by Chief Stipendiary Steward, Mr N R Escott, against Licensed Open Horseman, Mr R D Holmes, alleging that Mr Holmes “drove carelessly when allowing his horse to strike the sulky of MAPUA LEGEND dislodging R T May and extinguishing the chances of this horse and his horse CODE RED and LEONIDAS”.
Following the running of Race 7, Garrard’s Sires’ Stakes Two-Year-Old Final, an information was filed by Chief Stipendiary Steward, Mr N R Escott, against Licensed Open Horseman, Mr R D Holmes, alleging that Mr Holmes “drove carelessly when allowing his horse to strike the sulky of MAPUA LEGEND dislodging R T May and extinguishing the chances of this horse and his horse CODE RED and LEONIDAS”.
Mr Holmes was present at the hearing of the information and he indicated to the Committee that he admitted the breach.
Rule 869 provides as follows:
(3) No horseman in any race shall drive:-
(b) carelessly.
Mr N M Ydgren, Stipendiary Steward, showed video replays of the incident which occurred with approximately 500 metres to run. He pointed out CODE RED, driven by Mr Holmes, following MAPUA LEGEND (R T May) and then striking the sulky of that horse and breaking. Mr May was dislodged from the sulky. LEONIDAS received interference and lost all chance. CODE RED also lost its chance.
--Mr Holmes said that he was not familiar with the action of the horse and it was racing keenly at the time.
Mr Escott, in relation to penalty, informed the Committee of Mr Holmes’ penalty record for careless driving as follows:
7.2.09 Ashburton Fined $600
26.12.08 Westport Fined $350
11.11.08 Addington Fined $750
Mr Escott referred to the fact that the Race was a “very prestigious event” with a total stake of $200,000. He recommended, having regard to those matters and Mr Holmes’ admission of the breach, a suspension of between 2 and 3 weeks and a fine of $1,000.
--Mr Holmes submitted that none of the runners affected in the incident was going to “get any money”. He indicated that he had confirmed drives at the Oamaru meeting on Sunday, 17 May. He had an engagement to drive KIWI INGENUITY, trained by him, in the Harness Jewels at Ashburton on 30 May 2009, a $200,000 race, and was keen to be able to fulfil that engagement.
--Mr Escott invited the Committee to reduce the recommended period of suspension and increase the recommended fine. The meetings at which Mr Holmes would be likely to have drives at prior to the Harness Jewels were looked at.
--The Committee noted that the penalty recommended as a starting point in the JCA Penalty Guide for careless driving causing accident or injury was a $1,000 fine and/or a suspension of 3 weeks.
--Following a deliberation, the Committee delivered the following oral decision in relation to penalty:
“We have considered the submissions made by both of you in relation to penalty in this matter. In assessing penalty, we have given Mr Holmes credit for his admission of the breach. We also accept his submission that, although his own horse and two other runners lost their chances, it was unlikely that any of those three runners was going to finish in a stakes-bearing placing. The aggravating feature, of course, Mr Holmes, is your driving record – we note that this is your fourth careless driving offence in the last 6 months.
Further, we must take into account, in this case, the status of the Race (Group 1) and the stake payable ($200,000). Mr Escott recommended a suspension of 2-3 weeks and a fine of $1,000 but invited us to reduce the period of suspension and increase the fine. Mr Holmes, you indicated that you have an engagement to drive KIWI INGENUITY in the Harness Jewels on 30 May and, also, that you have declared drives at Oamaru on Sunday.
--After weighing up all factors, we have decided that your horseman’s licence will be suspended from after the conclusion of racing on 17 May 2009 up to and including 29 May 2009, which we calculate to be 5 driving days, and in addition you will be fined the sum of $1,500.”
R G McKenzie
CHAIRMAN
67987
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules:
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid:
race_expapproval:
racecancelled:
race_noreport:
race_emailed1:
race_emailed2:
race_title:
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid:
meet_expapproval:
meet_noreport:
waitingforpublication:
meet_emailed1:
meet_emailed2:
meetdate: no date provided
meet_title:
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation:
meet_racingtype:
meet_chair:
meet_pm1:
meet_pm2:
name: