NZ Metro TC 7 November 2013 – R 8 (heard at Motukarara 24 November 2013)
ID: JCA23082
Hearing Type (Code):
harness-racing
Meet Title:
Rangiora HRC - 7 November 2013
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2013/11/07
Race Number:
R 8
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: S W Wallis, Stipendiary Steward
Respondent: M W Neill, Licensed Open Horseman
Information No: A2427
Meeting: New Zealand Metropolitan Trotting Club
Date: 7 November 2013
Venue: Rangiora Raceway, Rangiora
Rule No: 869 (3) (b)
Race: 8
Judicial Committee: R G McKenzie, Chairman - K G Hales, Committee Member
Plea: Admitted
FACTS:
Following the running of Race 8, Flashing Red C1 Graduation Series Mobile Pace Heat 3, an information was filed by Stipendiary Steward, Mr S W Wallis, against Licensed Open Horseman, Mr M W Neill, alleging a breach of Rule 869 (3) (b) in that Mr Neill, as the driver of CRYING OUT LOUD in the race, “drove carelessly at about the 1400 metres when allowing [his] runner to contact the sulky wheel of McARDLES SMOOTH which resulted in [his] horse breaking”.
The information was filed with the Registrar on raceday, was served on Mr Neill at the meeting of Banks Peninsula Trotting Club at Motukarara on 24 November 2013 and was heard on that raceday.
Mr Neill was present at the hearing of the information and he indicated that he admitted the breach.
Rule 869 provides as follows:
(3) No horseman in any race shall drive:-
(b) carelessly.
SUBMISSIONS:
Mr Wallis had Stipendiary Steward, Mr N M Ydgren, show video replays of the incident with approximately 1400 metres to run. He pointed out Mr Neill, driving CRYING OUT LOUD, racing in second-to-last position being followed by MACH’S GLADIATOR (B M Thomas) as the field approached the turn into the straight. Mr Neill then attempted to improve out into the one-out line but realised that he was unable to do so because Mr Thomas had improved outside him. He then shifted back down and, in doing so, contacted the sulky wheel of McARDLES SMOOTH (T S Chmiel). As a consequence, CRYING OUT LOUD galloped for some distance and lost its chance.
Mr Neill said that what happened was quite clear from the video replay and he did not wish to add anything.
DECISION:
Mr Neill having admitted the breach, the charge was found proved.
PENALTY SUBMISSIONS:
Mr Wallis informed the Committee that Mr Neill had 8 drives in the 2012/2013 season, having returned to race-driving after a break of “a few years”. In the current season, he has had 10 drives.
Mr Wallis referred to the Penalty Guide which suggested a starting point of 8 drives or a $400 fine for a breach of the Rule. Mr Neill had a clear record since resuming driving and had readily admitted the breach, Mr Wallis said.
It was not the worst case, Mr Wallis submitted. No other runner had been interfered with and only Mr Neill’s own horse had been affected.
Mr Wallis submitted that an appropriate penalty was a fine of $250.
The Committee questioned Mr Neill with a view to possibly imposing a term of suspension. Mr Neill informed the Committee that he had only one horse (CRYING OUT LOUD) racing at the present time with, possibly, another to start racing soon. CRYING OUT LOUD is likely to be going out for a spell after racing at Motukarara on 24 November, Mr Neill said.
PENALTY REASONS:
In the circumstances, it would have been a complicated exercise calculating an appropriate period of suspension. The Committee decided to deal with the breach by way of a fine.
The Committee took the starting point of a $400 fine as per the Penalty Guide. There were no aggravating factors. Mitigating factors were Mr Neill’s frank admission of the breach, his clear record and that the degree of carelessness was in the low-mid range, in the Committee’s assessment. The chances of no other runner or runners were affected. The Committee allowed Mr Neill a discount of $200 from the starting point for those factors.
PENALTY:
Mr Neill was fined the sum of $200.
R G McKenzie K G Hales
CHAIRMAN COMMITTEE MEMBER
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: eab90c8d0849e2fac62d48aafd6ac7ce
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 07/11/2013
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: NZ Metro TC 7 November 2013 - R 8 (heard at Motukarara 24 November 2013)
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: S W Wallis, Stipendiary Steward
Respondent: M W Neill, Licensed Open Horseman
Information No: A2427
Meeting: New Zealand Metropolitan Trotting Club
Date: 7 November 2013
Venue: Rangiora Raceway, Rangiora
Rule No: 869 (3) (b)
Race: 8
Judicial Committee: R G McKenzie, Chairman - K G Hales, Committee Member
Plea: Admitted
FACTS:
Following the running of Race 8, Flashing Red C1 Graduation Series Mobile Pace Heat 3, an information was filed by Stipendiary Steward, Mr S W Wallis, against Licensed Open Horseman, Mr M W Neill, alleging a breach of Rule 869 (3) (b) in that Mr Neill, as the driver of CRYING OUT LOUD in the race, “drove carelessly at about the 1400 metres when allowing [his] runner to contact the sulky wheel of McARDLES SMOOTH which resulted in [his] horse breaking”.
The information was filed with the Registrar on raceday, was served on Mr Neill at the meeting of Banks Peninsula Trotting Club at Motukarara on 24 November 2013 and was heard on that raceday.
Mr Neill was present at the hearing of the information and he indicated that he admitted the breach.
Rule 869 provides as follows:
(3) No horseman in any race shall drive:-
(b) carelessly.
SUBMISSIONS:
Mr Wallis had Stipendiary Steward, Mr N M Ydgren, show video replays of the incident with approximately 1400 metres to run. He pointed out Mr Neill, driving CRYING OUT LOUD, racing in second-to-last position being followed by MACH’S GLADIATOR (B M Thomas) as the field approached the turn into the straight. Mr Neill then attempted to improve out into the one-out line but realised that he was unable to do so because Mr Thomas had improved outside him. He then shifted back down and, in doing so, contacted the sulky wheel of McARDLES SMOOTH (T S Chmiel). As a consequence, CRYING OUT LOUD galloped for some distance and lost its chance.
Mr Neill said that what happened was quite clear from the video replay and he did not wish to add anything.
DECISION:
Mr Neill having admitted the breach, the charge was found proved.
PENALTY SUBMISSIONS:
Mr Wallis informed the Committee that Mr Neill had 8 drives in the 2012/2013 season, having returned to race-driving after a break of “a few years”. In the current season, he has had 10 drives.
Mr Wallis referred to the Penalty Guide which suggested a starting point of 8 drives or a $400 fine for a breach of the Rule. Mr Neill had a clear record since resuming driving and had readily admitted the breach, Mr Wallis said.
It was not the worst case, Mr Wallis submitted. No other runner had been interfered with and only Mr Neill’s own horse had been affected.
Mr Wallis submitted that an appropriate penalty was a fine of $250.
The Committee questioned Mr Neill with a view to possibly imposing a term of suspension. Mr Neill informed the Committee that he had only one horse (CRYING OUT LOUD) racing at the present time with, possibly, another to start racing soon. CRYING OUT LOUD is likely to be going out for a spell after racing at Motukarara on 24 November, Mr Neill said.
PENALTY REASONS:
In the circumstances, it would have been a complicated exercise calculating an appropriate period of suspension. The Committee decided to deal with the breach by way of a fine.
The Committee took the starting point of a $400 fine as per the Penalty Guide. There were no aggravating factors. Mitigating factors were Mr Neill’s frank admission of the breach, his clear record and that the degree of carelessness was in the low-mid range, in the Committee’s assessment. The chances of no other runner or runners were affected. The Committee allowed Mr Neill a discount of $200 from the starting point for those factors.
PENALTY:
Mr Neill was fined the sum of $200.
R G McKenzie K G Hales
CHAIRMAN COMMITTEE MEMBER
sumissionsforpenalty:
reasonsforpenalty:
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hearing_type: Old Hearing
Rules: 869(3)(b)
Informant:
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Respondent:
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