Waikato BOP H 10 January 2020 – R 4 (heard 11 January 2020 at Cambridge) – Chair Mr A Dooley
ID: JCA20887
Hearing Type (Code):
harness-racing
Meet Title:
Harness Racing Waikato - 10 January 2020
Meet Chair:
ADooley
Meet Committee Member 1:
AGodsalve
Race Date:
2020/01/10
Race Number:
R 4
Decision:
Waikato BOP Harness 10 January 2020 – R 4 – (heard at Cambridge on 11 January 2020)
Informant: Mr S Mulcay – Senior Stipendiary Steward
Respondent: Mr S Quill – Driver of PARKER
Information No: A12228
Meeting: Waikato BOP Harness
Date: 10 January 2020
Venue: Cambridge Raceway
Race: 4
Rule No: 869(3)
Judicial Committee: Mr A Dooley - Chair, Mr G Jones – Committee Member
Also Present: Mr J Abernethy – Open Horseman assisting Mr Quill
Charge: Careless Driving
Plea: Admitted
Evidence
This charge arises from the Waikato BOP Harness race meeting held on 10 January 2020.
The Stipendiary Stewards served an Information on Mr Quill following the running of the last race on 10 January 2020. Mr Telfer, the Trainer of PARKER assisted Mr Quill.
Mr Quill was charged under Rule 869(3)(f) on the grounds that he drove improperly rounding the final turn by shifting PARKER wider on the track which presented a run to IVANA FLYBYE (B Butcher).
The Committee informed Mr Quill and Mr Telfer that this charge was a serious breach if it was found proved. Mr Quill entered no plea to the charge on 10 January 2020 and sought an adjournment to the hearing so he could seek guidance from a Senior Horseman. Given these circumstances and the time constraints the Committee opened and adjourned the hearing until a date to be fixed.
This hearing was reconvened on 11 January at the Waikato BOP Harness race meeting. After gathering further evidence, the Informant, Mr Mulcay, sought leave to amend the charge to an alleged breach of Rule 869(3)(b) careless driving with the same particulars.
The Committee granted leave and the charge was amended to Careless Driving. Mr Quill with the assistance of Mr J Abernethy, Senior Horseman, endorsed the Information that he admitted the breach.
Rule 869(3)(b) provides: No horseman in any race shall drive: - (b) carelessly.
Mr Mulcay demonstrated the incident using the available video footage. He identified that PARKER was racing 3 wide without cover leaving the back straight. He identified that near the 250 metres Mr Quill turned PARKER’s head outwards on 2 to 3 occasions. In doing so he left an inside run for the stablemate IVANA FLYBYE.
Mr Mulcay said that the Stewards were of the view that with Mr Quill turning the head of PARKER outwards was a result of him being concerned that his horse has a tendency to lay in on the bend. He stated that Mr Quill was unaware PARKER had shifted wider on the track which he believed was due to his lack of experience. Mr Mulcay said that Mr Quill had erred on this occasion. It is also relevant that Mr Mulcay was of the opinion that IVANA FLYBYE was always going to obtain a run passing the 200 metres. He noted the horse won the race easily.
Mr Quill said that he agreed with Mr Mulcay’s interpretation of the incident.
Mr Abernethy said that in Ireland they race with a wider sulky and NZ racing is a lot tighter.
Decision
As Mr Quill admitted the breach the Committee found the charge proved.
Submissions For Penalty
Mr Mulcay produced Mr Quill’s record which showed no breaches under this Rule from only 11 drives this season. He said the JCA Penalty Guide starting point was a suspension of 10 drives or a $500 fine. He said that Mr Quill would have a maximum of 2 drives per meeting and this breach was in the mid to high range.
Mr Quill said that his Visa is going to expire at the end of the month and he would likely have to return to Ireland. He requested a 7 day deferment to any proposed suspension.
Mr Abernethy said that Mr Quill’s actions didn’t affect the result of the race and he admitted the breach.
Reasons For Penalty
The Committee carefully considered all the evidence and submissions presented.
The Committee adopted the JCA Penalty Guide starting point of a 10 drives suspension or a $500 fine.
When viewing the video footage it was evident that Mr Quill allowed PARKER to shift out wider on the track rounding the final turn. As a result that presented a clear run for the stablemate IVANA FLYBYE. The manner in which Mr Quill drove PARKER was substandard. We deemed Mr Quill’s actions to be mid to high range and this warranted an uplift in penalty from the JCA Penalty Guide of 10 drive or $500 fine. The Committee was mindful that the optics of Mr Quill’s actions were not a good look in terms of the public’s perception of the incident.
Mitigating factors were Mr Quill’s admission of the breach and his clear record from limited drives. For these collective factors we applied a modest discount.
Given Mr Quill’s personal circumstances which includes the fact that he indicated he is likely to return to Ireland at the end of this month. The Committee considered that a combined penalty of a suspension and a fine would act as an appropriate penalty.
After taking into account all matters the Committee considered an appropriate suspension was 2 days and in addition impose a $400 fine.
Penalty
The Committee granted a deferment to Mr Quill’s suspension pursuant to Rule 1304.
Accordingly, Mr Quill had his license to drive in races suspended for a period to commence after racing on 18 January 2020 and conclude after racing on 26 January 2020. In addition we impose a $400 fine.r
11 January 2020
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: 765e440664cdfc2c065b8744f6a2ac7c
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 10/01/2020
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Waikato BOP H 10 January 2020 - R 4 (heard 11 January 2020 at Cambridge) - Chair Mr A Dooley
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Waikato BOP Harness 10 January 2020 – R 4 – (heard at Cambridge on 11 January 2020)
Informant: Mr S Mulcay – Senior Stipendiary Steward
Respondent: Mr S Quill – Driver of PARKER
Information No: A12228
Meeting: Waikato BOP Harness
Date: 10 January 2020
Venue: Cambridge Raceway
Race: 4
Rule No: 869(3)
Judicial Committee: Mr A Dooley - Chair, Mr G Jones – Committee Member
Also Present: Mr J Abernethy – Open Horseman assisting Mr Quill
Charge: Careless Driving
Plea: Admitted
Evidence
This charge arises from the Waikato BOP Harness race meeting held on 10 January 2020.
The Stipendiary Stewards served an Information on Mr Quill following the running of the last race on 10 January 2020. Mr Telfer, the Trainer of PARKER assisted Mr Quill.
Mr Quill was charged under Rule 869(3)(f) on the grounds that he drove improperly rounding the final turn by shifting PARKER wider on the track which presented a run to IVANA FLYBYE (B Butcher).
The Committee informed Mr Quill and Mr Telfer that this charge was a serious breach if it was found proved. Mr Quill entered no plea to the charge on 10 January 2020 and sought an adjournment to the hearing so he could seek guidance from a Senior Horseman. Given these circumstances and the time constraints the Committee opened and adjourned the hearing until a date to be fixed.
This hearing was reconvened on 11 January at the Waikato BOP Harness race meeting. After gathering further evidence, the Informant, Mr Mulcay, sought leave to amend the charge to an alleged breach of Rule 869(3)(b) careless driving with the same particulars.
The Committee granted leave and the charge was amended to Careless Driving. Mr Quill with the assistance of Mr J Abernethy, Senior Horseman, endorsed the Information that he admitted the breach.
Rule 869(3)(b) provides: No horseman in any race shall drive: - (b) carelessly.
Mr Mulcay demonstrated the incident using the available video footage. He identified that PARKER was racing 3 wide without cover leaving the back straight. He identified that near the 250 metres Mr Quill turned PARKER’s head outwards on 2 to 3 occasions. In doing so he left an inside run for the stablemate IVANA FLYBYE.
Mr Mulcay said that the Stewards were of the view that with Mr Quill turning the head of PARKER outwards was a result of him being concerned that his horse has a tendency to lay in on the bend. He stated that Mr Quill was unaware PARKER had shifted wider on the track which he believed was due to his lack of experience. Mr Mulcay said that Mr Quill had erred on this occasion. It is also relevant that Mr Mulcay was of the opinion that IVANA FLYBYE was always going to obtain a run passing the 200 metres. He noted the horse won the race easily.
Mr Quill said that he agreed with Mr Mulcay’s interpretation of the incident.
Mr Abernethy said that in Ireland they race with a wider sulky and NZ racing is a lot tighter.
Decision
As Mr Quill admitted the breach the Committee found the charge proved.
Submissions For Penalty
Mr Mulcay produced Mr Quill’s record which showed no breaches under this Rule from only 11 drives this season. He said the JCA Penalty Guide starting point was a suspension of 10 drives or a $500 fine. He said that Mr Quill would have a maximum of 2 drives per meeting and this breach was in the mid to high range.
Mr Quill said that his Visa is going to expire at the end of the month and he would likely have to return to Ireland. He requested a 7 day deferment to any proposed suspension.
Mr Abernethy said that Mr Quill’s actions didn’t affect the result of the race and he admitted the breach.
Reasons For Penalty
The Committee carefully considered all the evidence and submissions presented.
The Committee adopted the JCA Penalty Guide starting point of a 10 drives suspension or a $500 fine.
When viewing the video footage it was evident that Mr Quill allowed PARKER to shift out wider on the track rounding the final turn. As a result that presented a clear run for the stablemate IVANA FLYBYE. The manner in which Mr Quill drove PARKER was substandard. We deemed Mr Quill’s actions to be mid to high range and this warranted an uplift in penalty from the JCA Penalty Guide of 10 drive or $500 fine. The Committee was mindful that the optics of Mr Quill’s actions were not a good look in terms of the public’s perception of the incident.
Mitigating factors were Mr Quill’s admission of the breach and his clear record from limited drives. For these collective factors we applied a modest discount.
Given Mr Quill’s personal circumstances which includes the fact that he indicated he is likely to return to Ireland at the end of this month. The Committee considered that a combined penalty of a suspension and a fine would act as an appropriate penalty.
After taking into account all matters the Committee considered an appropriate suspension was 2 days and in addition impose a $400 fine.
Penalty
The Committee granted a deferment to Mr Quill’s suspension pursuant to Rule 1304.
Accordingly, Mr Quill had his license to drive in races suspended for a period to commence after racing on 18 January 2020 and conclude after racing on 26 January 2020. In addition we impose a $400 fine.r
11 January 2020
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hearing_type: Old Hearing
Rules: 869(3)
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