NZ Metro TC 8 November 2011 – R 11 (heard at Addington 11 November 2011)
ID: JCA22423
Hearing Type (Code):
harness-racing
Meet Title:
NZ Metro TC - 8 November 2011
Meet Chair:
JPhelan
Meet Committee Member 1:
RMcKenzie
Race Date:
2011/11/08
Race Number:
R 11
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: N G McIntyre, Stipendiary Steward
Respondent: A L Lethaby, Licensed Open Driver
Information No: A1023
Meeting: New Zealand Metropolitan Trotting Club
Date: 8 November 2011 (heard 12 November 2011)
Venue: Addington Raceway, Christchurch
Rule No: 869 (4) & (6) (b) & (c)
Race: 11
Judicial Committee: R G McKenzie, Chairman - J M Phelan, Committee Member
Plea: Admitted
FACTS:
Following the running of Race 11, Glenferrie Farm Handicap Trot, an information was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Open Driver, Mrs A L Lethaby, alleging a breach of Rule 869 (4) and 869 (6) (b) & (c) in that, as the driver of GLOBAL INVASION in the race, she “improved her drive wider on the track passing the 1600 metres when not clear of KING CHARLIE (N R McGrath) resulting in KING CHARLIE being forced wider on the track”.
Mrs Lethaby had signed the Statement by the Respondent on the information form indicating that she admitted the breach. Mr McIntyre informed the Committee that Mrs Lethaby did not wish to be present at the hearing of the information.
The information was heard at the meeting of New Zealand Metropolitan Trotting Club on Friday, 11 November 2011.
Rule 869 provides as follows:
(4) No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.
(6) Subject to sub-rule (4) hereof:-
(b) a horse making a forward movement during any race shall not be forced to race wider on the track;
(c) a horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past.
SUBMISSIONS:
Mr McIntyre showed the Committee a video replay of the relevant part of the race. He pointed out the field racing past the 1700 metres with Mrs Lethaby racing 4-back on the markers. On her outside was PRINCE HARRY (A W Faulks) and on his back was Mr McGrath driving KING CHARLIE. Passing the 1600 metres, Mr Faulks elected to pull out 3-wide. Mrs Lethaby at that stage left the markers and Mr McGrath, who was up outside her was forced out 3-wide to follow Mr Faulks. The nose of KING CHARLIE was clearly past the sulky wheel of GLOBAL INVASION and it was progressing forward, Mr McIntyre submitted.
DECISION:
Mrs Lethaby having admitted the charge, the charge was found proved.
PENALTY SUBMISSIONS:
Mrs Lethaby had no breach of the Rule on her record and she had admitted the breach. Mr McIntyre told the Committee that Mrs Lethaby has had 846 lifetime drives. In the 2010/2011 season, she had a total of 78 drives and, in the current season, has had 20 drives. He submitted that a fine of $200 was appropriate.
PENALTY REASONS:
In determining penalty, the Committee took into account Mrs Lethaby’s admission of the breach and her previous good record. The Committee noted that the starting point recommended in the Penalty Guide for a breach of the Rule is a fine of $250. The Committee decided that a discount of $50 was appropriate for the mitigating factors referred to.
PENALTY:
Mrs Lethaby was fined the sum of $200.
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: ca79c24e4d40a8c4a198249fd20eed36
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 08/11/2011
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: NZ Metro TC 8 November 2011 - R 11 (heard at Addington 11 November 2011)
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: N G McIntyre, Stipendiary Steward
Respondent: A L Lethaby, Licensed Open Driver
Information No: A1023
Meeting: New Zealand Metropolitan Trotting Club
Date: 8 November 2011 (heard 12 November 2011)
Venue: Addington Raceway, Christchurch
Rule No: 869 (4) & (6) (b) & (c)
Race: 11
Judicial Committee: R G McKenzie, Chairman - J M Phelan, Committee Member
Plea: Admitted
FACTS:
Following the running of Race 11, Glenferrie Farm Handicap Trot, an information was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Open Driver, Mrs A L Lethaby, alleging a breach of Rule 869 (4) and 869 (6) (b) & (c) in that, as the driver of GLOBAL INVASION in the race, she “improved her drive wider on the track passing the 1600 metres when not clear of KING CHARLIE (N R McGrath) resulting in KING CHARLIE being forced wider on the track”.
Mrs Lethaby had signed the Statement by the Respondent on the information form indicating that she admitted the breach. Mr McIntyre informed the Committee that Mrs Lethaby did not wish to be present at the hearing of the information.
The information was heard at the meeting of New Zealand Metropolitan Trotting Club on Friday, 11 November 2011.
Rule 869 provides as follows:
(4) No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.
(6) Subject to sub-rule (4) hereof:-
(b) a horse making a forward movement during any race shall not be forced to race wider on the track;
(c) a horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past.
SUBMISSIONS:
Mr McIntyre showed the Committee a video replay of the relevant part of the race. He pointed out the field racing past the 1700 metres with Mrs Lethaby racing 4-back on the markers. On her outside was PRINCE HARRY (A W Faulks) and on his back was Mr McGrath driving KING CHARLIE. Passing the 1600 metres, Mr Faulks elected to pull out 3-wide. Mrs Lethaby at that stage left the markers and Mr McGrath, who was up outside her was forced out 3-wide to follow Mr Faulks. The nose of KING CHARLIE was clearly past the sulky wheel of GLOBAL INVASION and it was progressing forward, Mr McIntyre submitted.
DECISION:
Mrs Lethaby having admitted the charge, the charge was found proved.
PENALTY SUBMISSIONS:
Mrs Lethaby had no breach of the Rule on her record and she had admitted the breach. Mr McIntyre told the Committee that Mrs Lethaby has had 846 lifetime drives. In the 2010/2011 season, she had a total of 78 drives and, in the current season, has had 20 drives. He submitted that a fine of $200 was appropriate.
PENALTY REASONS:
In determining penalty, the Committee took into account Mrs Lethaby’s admission of the breach and her previous good record. The Committee noted that the starting point recommended in the Penalty Guide for a breach of the Rule is a fine of $250. The Committee decided that a discount of $50 was appropriate for the mitigating factors referred to.
PENALTY:
Mrs Lethaby was fined the sum of $200.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869(4) & (6)(b)&(c)
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 30de140eed3863cd7892f00bb1527e05
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race_title: R 11
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meetdate: 08/11/2011
meet_title: NZ Metro TC - 8 November 2011
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meet_racingtype: harness-racing
meet_chair: JPhelan
meet_pm1: RMcKenzie
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name: NZ Metro TC