NZ Metro TC 29 November 2013 – R 10 (Adjourned – heard 12 December 2013)
ID: JCA22430
Hearing Type (Code):
harness-racing
Meet Title:
NZ Metro TC - 29 November 2013
Meet Chair:
RMcKenzie
Meet Committee Member 1:
KHales
Race Date:
2013/11/29
Race Number:
R10
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: S P Renault, Stipendiary Steward
Respondent: M P Edmonds, Licensed Open Driver
Information No: A1765
Meeting: New Zealand Metropolitan Trotting Club
Date: 29 November 2013
Venue: Addington Raceway, Christchurch
Rule No: 869 (3) (b) and Easing Down Regulations
Race: 10
Judicial Committee: R G McKenzie, Chairman - S C Ching, Committee Member
Plea: Admitted
FACTS:
Following the running of Race 10, Blue Star Taxis Handicap Trot, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Driver, Mr M P Edmonds, alleging a breach of Rule 869 (3) (b) in that Mr Edmonds, as the driver of PAMMYS BOY in the race, “failed to concede his position passing the 1850 metres when REGAL PETITE (S J Ottley) shifted ground inwards when having a clear advantage resulting in his horse breaking”.
The information was served on Mr Edmonds on racenight and adjourned by the Judicial Committee. Mr Edmonds had signed the Statement by the Respondent on the information form indicating that he denied the breach. He subsequently signed a copy of the information and had signed the Statement by the Respondent on that form indicating that he did admit the breach. He had also endorsed on the copy of information and signed: “I do not wish to be present”.
The information was heard at the meeting of New Zealand Metropolitan Trotting Club at Addington Raceway, Christchurch, on 12 December 2013. Mr Edmonds was not present at the hearing of the information.
Rule 869 provides as follows:
(3) No horseman in any race shall drive:-
(b) carelessly.
The Easing Down Regulations provide as follows:
Subject to Rule 869 (3) Careless Driving, 869 (4) Causing Interference, horseman shall be permitted to make moves with safety, provided they are in a position to do so by having a “clear advantage” over the horse they are about to move inwards, and the horse is clear of other horses on its inside so it can be moved in and that the manoeuvre is conducted in a gradual and acceptable manner.
Any horseman who fails to concede when not in a position to maintain his/her place, may be charged under Rule 869 (3) Careless Driving.
SUBMISSIONS:
Mr Wallis, Stipendiary Steward, appeared for the Informant in place of Mr Renault. He showed video replays of the incident with approximately 1850 metres to run. He pointed out Mr Edmonds, driving PAMMYS BOY, racing in 6th position at that point, inside of and about a half length behind REGAL PETITE (S J Ottley) which was racing 3-wide.
Miss Ottley had a clear advantage over Mr Edmonds and attempted to ease him down as she was entitled to do, Mr Wallis said. There was room inside him but Mr Edmonds resisted and, as a consequence, his horse galloped and broke for several strides, losing some ground.
DECISION:
Mr Edmonds having admitted the charge, the charge was found proved.
PENALTY SUBMISSIONS:
Mr Wallis said that Mr Edmonds had originally intended to defend the charge but had changed his plea prior to the hearing. He had a clear record as far as breaches of the Rule were concerned. The circumstances of the case were very similar to the case of another horseman who had been fined the sum of $200 on 1 November 2013. In that case, as in the present one, no other runner was affected. Mr Wallis submitted that a similar fine was appropriate in this case.
PENALTY REASONS:
In deciding penalty, the Committee took the starting point of a $400 fine as suggested by the Penalty Guide. Mr Edmonds was entitled to a significant discount for the mitigating factors – his good record, his admission of the breach (albeit belatedly) and the fact that the breach was low range in the Committee’s assessment.
PENALTY:
Mr Edmonds was fined the sum of $200.00.
R G McKenzie S C Ching
CHAIRMAN COMMITTEE MEMBER
17 December 2013
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: cb1e260155f5fba6e03cf32a91ff7964
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 29/11/2013
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: NZ Metro TC 29 November 2013 - R 10 (Adjourned - heard 12 December 2013)
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: S P Renault, Stipendiary Steward
Respondent: M P Edmonds, Licensed Open Driver
Information No: A1765
Meeting: New Zealand Metropolitan Trotting Club
Date: 29 November 2013
Venue: Addington Raceway, Christchurch
Rule No: 869 (3) (b) and Easing Down Regulations
Race: 10
Judicial Committee: R G McKenzie, Chairman - S C Ching, Committee Member
Plea: Admitted
FACTS:
Following the running of Race 10, Blue Star Taxis Handicap Trot, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Driver, Mr M P Edmonds, alleging a breach of Rule 869 (3) (b) in that Mr Edmonds, as the driver of PAMMYS BOY in the race, “failed to concede his position passing the 1850 metres when REGAL PETITE (S J Ottley) shifted ground inwards when having a clear advantage resulting in his horse breaking”.
The information was served on Mr Edmonds on racenight and adjourned by the Judicial Committee. Mr Edmonds had signed the Statement by the Respondent on the information form indicating that he denied the breach. He subsequently signed a copy of the information and had signed the Statement by the Respondent on that form indicating that he did admit the breach. He had also endorsed on the copy of information and signed: “I do not wish to be present”.
The information was heard at the meeting of New Zealand Metropolitan Trotting Club at Addington Raceway, Christchurch, on 12 December 2013. Mr Edmonds was not present at the hearing of the information.
Rule 869 provides as follows:
(3) No horseman in any race shall drive:-
(b) carelessly.
The Easing Down Regulations provide as follows:
Subject to Rule 869 (3) Careless Driving, 869 (4) Causing Interference, horseman shall be permitted to make moves with safety, provided they are in a position to do so by having a “clear advantage” over the horse they are about to move inwards, and the horse is clear of other horses on its inside so it can be moved in and that the manoeuvre is conducted in a gradual and acceptable manner.
Any horseman who fails to concede when not in a position to maintain his/her place, may be charged under Rule 869 (3) Careless Driving.
SUBMISSIONS:
Mr Wallis, Stipendiary Steward, appeared for the Informant in place of Mr Renault. He showed video replays of the incident with approximately 1850 metres to run. He pointed out Mr Edmonds, driving PAMMYS BOY, racing in 6th position at that point, inside of and about a half length behind REGAL PETITE (S J Ottley) which was racing 3-wide.
Miss Ottley had a clear advantage over Mr Edmonds and attempted to ease him down as she was entitled to do, Mr Wallis said. There was room inside him but Mr Edmonds resisted and, as a consequence, his horse galloped and broke for several strides, losing some ground.
DECISION:
Mr Edmonds having admitted the charge, the charge was found proved.
PENALTY SUBMISSIONS:
Mr Wallis said that Mr Edmonds had originally intended to defend the charge but had changed his plea prior to the hearing. He had a clear record as far as breaches of the Rule were concerned. The circumstances of the case were very similar to the case of another horseman who had been fined the sum of $200 on 1 November 2013. In that case, as in the present one, no other runner was affected. Mr Wallis submitted that a similar fine was appropriate in this case.
PENALTY REASONS:
In deciding penalty, the Committee took the starting point of a $400 fine as suggested by the Penalty Guide. Mr Edmonds was entitled to a significant discount for the mitigating factors – his good record, his admission of the breach (albeit belatedly) and the fact that the breach was low range in the Committee’s assessment.
PENALTY:
Mr Edmonds was fined the sum of $200.00.
R G McKenzie S C Ching
CHAIRMAN COMMITTEE MEMBER
17 December 2013
sumissionsforpenalty:
reasonsforpenalty:
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hearing_type: Old Hearing
Rules: 869(3)(b) and Easing Down Regulations
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Respondent:
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race_title: R10
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meetdate: 29/11/2013
meet_title: NZ Metro TC - 29 November 2013
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meet_chair: RMcKenzie
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name: NZ Metro TC