Akaroa TC 10 December 2017 – R 9 – Chair, Mr D Anderson
ID: JCA12151
Meet Title:
Akaroa TC - 10 December 2017
Meet Chair:
DAnderson
Meet Committee Member 1:
RMcKenzie
Race Date:
2017/12/10
Race Number:
R 9
Decision:
Ms Young having admitted the breach, the charge was found proved.
Penalty:
Ms Young was fined the sum of $350.
Facts:
Following the running of Race 9, Burnside Contractors Ltd Akaroa Cup Handicap Pace, an Information was filed by Stipendiary Steward, Mr S Wallis, against Licensed Open Driver, J Young, alleging that, as the driver of CLASINA MARIA in the race she "drove carelessly near the 500 metres when attempting to shift MY WEE MAN wider on the track".
Ms Young was present at the hearing and confirmed that she understood the rule she was being charged with and indicated that she admitted the breach.
Rule 869 provides as follows:
{3) No horseman in any race shall drive: -
(b) carelessly
Mr Wallis, using the race films, pointed to Ms Young CLASINA MARIA in the one one position passing the 600 metres. The horse Ms Young was following, JOEMARO, was tiring quickly and with horses three wide to her outside Ms Young was in a tight situation and being forced backwards. Near the 500 metres with MY WEE MAN on her outside Ms Young attempted to force that horse out and the ensuing contact caused CLASINA MARIA to gallop and lose several lengths. Mr Orange the driver of MY WEE MAN was unbalanced momentarily.
Ms Young said that the manoeuvre was a "stupid move" and realised this immediately after the fact.
Submissions for Penalty:
Mr Wallis said that Ms Young was a busy driver averaging 250 drives per year. He said that because there was no room for Ms Young to move yet she tried to make room, the Stewards felt that the Committees starting point should be raised for this breach. He added that consideration be given for Ms Young's good record, her admission and the very professional manner with which she has conducted herself at this hearing. Mr Wallis said the Stewards would see a fine of $400 as appropriate.
Ms Young submitted that it was bad judgement but only her horse was affected and had the incident not occurred she would have finished in about the same placing. CLASINA MARIA finished seventh.
Reasons for Penalty:
In determining penalty, the Committee considered this to be a mid-range breach and have adopted the JCA Penalty Guide starting point of a 10-drive suspension or a $500 fine. The Committee saw no aggravating factors to warrant an increase of the starting point.
We agree with both parties that the incident had not impacted on any other runner and in all probability not changed CLASINA MARIA’s finishing place in the race.
The Mitigating factors are Ms Young's good record under this rule and her very frank admission of the breach for which we consider a discount of $150 is appropriate.
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: 3883eae85f1e3d04c914cc07d1473d3a
informantnumber: A10206
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: admitted
penaltyrequired: 1
decisiondate: 11/12/2017
hearing_title: Akaroa TC 10 December 2017 - R 9 - Chair, Mr D Anderson
charge:
facts:
Following the running of Race 9, Burnside Contractors Ltd Akaroa Cup Handicap Pace, an Information was filed by Stipendiary Steward, Mr S Wallis, against Licensed Open Driver, J Young, alleging that, as the driver of CLASINA MARIA in the race she "drove carelessly near the 500 metres when attempting to shift MY WEE MAN wider on the track".
Ms Young was present at the hearing and confirmed that she understood the rule she was being charged with and indicated that she admitted the breach.
Rule 869 provides as follows:
{3) No horseman in any race shall drive: -
(b) carelessly
Mr Wallis, using the race films, pointed to Ms Young CLASINA MARIA in the one one position passing the 600 metres. The horse Ms Young was following, JOEMARO, was tiring quickly and with horses three wide to her outside Ms Young was in a tight situation and being forced backwards. Near the 500 metres with MY WEE MAN on her outside Ms Young attempted to force that horse out and the ensuing contact caused CLASINA MARIA to gallop and lose several lengths. Mr Orange the driver of MY WEE MAN was unbalanced momentarily.
Ms Young said that the manoeuvre was a "stupid move" and realised this immediately after the fact.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Ms Young having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Wallis said that Ms Young was a busy driver averaging 250 drives per year. He said that because there was no room for Ms Young to move yet she tried to make room, the Stewards felt that the Committees starting point should be raised for this breach. He added that consideration be given for Ms Young's good record, her admission and the very professional manner with which she has conducted herself at this hearing. Mr Wallis said the Stewards would see a fine of $400 as appropriate.
Ms Young submitted that it was bad judgement but only her horse was affected and had the incident not occurred she would have finished in about the same placing. CLASINA MARIA finished seventh.
reasonsforpenalty:
In determining penalty, the Committee considered this to be a mid-range breach and have adopted the JCA Penalty Guide starting point of a 10-drive suspension or a $500 fine. The Committee saw no aggravating factors to warrant an increase of the starting point.
We agree with both parties that the incident had not impacted on any other runner and in all probability not changed CLASINA MARIA’s finishing place in the race.
The Mitigating factors are Ms Young's good record under this rule and her very frank admission of the breach for which we consider a discount of $150 is appropriate.
penalty:
Ms Young was fined the sum of $350.
hearing_type: Hearing
Rules: 869(3)(b)
Informant:
JockeysandTrainer: Ms J Young - Licensed Open Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 0b68cc371bfaae6b9470d906b94bc1de
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 6842867558a00db51bf431629a7a261a
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 10/12/2017
meet_title: Akaroa TC - 10 December 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: akaroa-tc
meet_racingtype: harness-racing
meet_chair: DAnderson
meet_pm1: RMcKenzie
meet_pm2: none
name: Akaroa TC