NZ Metro TC 25 August 2016 – R 8 (heard 9 September 2016) – Chair, Mr S Ching

hearingid: c91596a77361c69370042cfe4cdfde03

informantnumber:

horsename:

hearing_racingtype: harness-racing

startdate: 25/08/2016

newcharge:

plea:

penaltyrequired:

decisiondate: no date provided

hearing_title: NZ Metro TC 25 August 2016 - R 8 (heard 9 September 2016) - Chair, Mr S Ching

charge:

facts:

appealdecision:

isappeal:

submissionsfordecision:

reasonsfordecision:

Decision:

RACEDAY JUDICIAL COMMITTEE DECISION

Informant: Mr N Ydgren - Stipendiary Steward

Respondent: Mr M House - Open Horseman

Information No: A8308

Meeting: NZ Metropolitan Trotting Club

Date: 25 August 2016 (heard on 9 September 2016)

Venue: Addington Raceway

Rule: 869(3)(b)

Race: 8

Judicial Committee: Mr SC Ching (Chairman) – Mr R McKenzie (Committee Member)

Plea: Admitted

Charge: Careless driving

Evidence:

This information for this charge was lodged and adjourned at 9.05pm on 25 August, and heard at Addington on 9 September 2016.

Following the running of Race 8, the Metalcraft Roofing/United Steel Fillies & Mares Mobile Pace, an information was filed by Stipendiary Steward, Mr N Ydgren against Open Horseman, Mr M House, alleging a breach of Rule 869(3)(b) in that he drove carelessly by allowing HANNAH EXTREME to shift up the track causing a check to STOLE THE SHOW, driven by Miss S Ottley, which broke.

Mr House had endorsed on the Information that this breach of the Rules was admitted and he had also informed Stipendiary Steward, Mr S Renault, that he did not wish to be present at the hearing.

Rule 869(3)(b) reads as follows:

  “(3) No horseman in any race shall drive: -

   (b) carelessly: -

Submissions for Decision:

Mr Renault, representing Mr Ydgren, gave evidence and used video coverage to show that after turning for home HANNAH EXTREME, driven by Mr House, was in a 4 back and 1 off position with STOLE THE SHOW, driven by Miss Ottley on his outer. Mr Renault stated that approaching the 100m Mr House shifted up the track and put pressure on STOLE THE SHOW making contact with the sulky wheel of that horse. STOLE THE SHOW became unbalanced, checked and broke when tightly positioned between HANNAH EXTREME and FLYINGRETNA, driven by Mr G O’Reilly, who was improving on the outside of STOLE THE SHOW. Mr Renault stated it was clear STOLE THE SHOW broke due to the pressure from HANNAH EXTREME, driven by Mr House.

Reasons for Decision:

As Mr House had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).

Decision:

The charge was found to be proved.

Submissions on Penalty:

Mr Renault informed the Committee that Mr House had a clear record in regard to this rule. He stated that Mr House had submitted to the Stewards that he would prefer a suspension as penalty in this case to which the Stewards had no objection. Mr Renault said that Mr House drove on average 3-4 times per meeting and with his clear record and admission of the breach, submitted that a 2-day suspension be considered as penalty in this case. He also stated that Mr House had requested a deferment of penalty until after the Addington meeting on 15 September as he had engagements at that meeting.

Reasons for Penalty:

In determining penalty, the Committee took into account Mr House’s ready admission of the breach and his good record. The JCA Penalty Guide dictates a starting point of a $500 fine or 10 drive suspension for an initial breach of this rule. After consideration the Committee acceded to Mr House’s submission for a suspension as penalty and granted a deferment until after racing on 15 September 2016.

In adopting the starting point of a 10 drive suspension, we were able to give Mr House a discount of 2 drives for his good record and a further 2 drive discount for his admission of the breach. We therefore determined that a 6 drive/ 2-day suspension was an appropriate penalty in this case.

Penalty:

Accordingly, Mr House Open Horseman’s License was suspended from the conclusion of racing on 15 September up to and including 23 September 2016. This suspension encompasses the meetings at Methven on 18 September and Addington on 23 September 2016.

sumissionsforpenalty:

reasonsforpenalty:

penalty:

hearing_type: Old Hearing

Rules: 869(3)(b)

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: