Akaroa TC 11 December 2016 – R 3 (heard 13 January 2017 at Nelson) – Chair, Mr S Ching

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startdate: 11/12/2016

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hearing_title: Akaroa TC 11 December 2016 - R 3 (heard 13 January 2017 at Nelson) - Chair, Mr S Ching

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Decision:

RACEDAY JUDICIAL COMMITTEE DECISION

Informant: Mr S Wallis - Stipendiary Steward

Respondent: Mr L McCormick - Open Horseman

Information Number: A6745

Meeting: Akaroa Trotting Club

Date: 11 December 2016 (heard 13 January 2017 at Nelson)

Race: 3

Rule: 869 (3)(b)

Judicial Committee: Mr S Ching (Chairman), Mr T Bird (Committee Member)

Charge: Careless driving

Plea: Admitted

Evidence:
This charge was heard at the Nelson Harness Racing Clubs meeting on 13 January 2017. Mr Wallis provided a letter from the General Manager of the Racing Integrity Unit, Mr M Godber, authorising him to lodge an Information against Mr McCormick, pursuant to Rule 1108(2).

Following the running of Race 3, the Canterbury Trotting Owners Association Trot, an Information was filed by Stipendiary Steward, Mr S Wallis against Open Horseman, Mr L McCormick, alleging a breach of Rule 869(3)(b) in that he drove carelessly by attempting to improve PRINCE GEORGE outwards when not having a clear advantage to do so which in turn caused PRINCE GEORGE to break.

Mr McCormick had indicated to the Stewards at the recent Oamaru meeting that this breach of the Rules was admitted and had signed the Information as such at that meeting. Mr McCormick had also informed the Stewards that he did not wish to be present at the hearing which was confirmed by Mr Wallis.

Rule 869(3)(b) reads as follows:
(3) No horseman in any race shall drive:-
    (b) carelessly:-

Submissions for Decision:
Mr Wallis gave evidence and used video coverage to show that nearing the 800m, PRINCE GEORGE, driven by Mr McCormick, was positioned 3 back on the pylons with ANNA KATE, driven by Mr M Edmonds on his outside. Mr Wallis pointed out Mr McCormick attempting to ease Mr Edmonds out when he did not have a clear advantage to do so. Mr Wallis said that the films showed Mr McCormick was level with Mr Edmonds at best. He stated that Mr McCormick put a lot of pressure on Mr Edmonds with Mr Edmonds resisting the outward movement and as a result, Mr McCormick’s horse has broken losing all chance.

Reasons for Decision:
As Mr McCormick 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 Wallis informed the Committee that Mr McCormick had a clear record in regard to this rule over the previous 12 months. He stated that he considered the breach to be mid-range with only Mr McCormick’s own horse being affected in this incident. He said Mr Edmonds’ horse went on to win the event. Mr Wallis said that Mr McCormick had driven on 43 occasions last season with 21 drives so far this season. Mr Wallis stated that Mr McCormick had been averaging 2 to 3 drives per meeting lately and that the JCA Penalty Guide recommended a starting point of a $500 fine or 10 drive suspension for a breach of this rule. He submitted that Mr McCormick had requested a suspension as penalty in this case to which the Stewards had no objection. Mr Wallis submitted after taking into consideration Mr McCormick’s clear record and his admission of the breach that a 3 day suspension be considered as penalty in this case.

Reasons for Penalty:
In determining penalty, the Committee considered Mr McCormick’s admission of the breach and his good record, as mitigating factors. We determined Mr McCormick’s carelessness as mid with the consequential effects also as mid-range as his drive was the only runner affected in this incident.

In adopting the JCA Penalty Guide starting point of a 10-drive suspension we were able to afford Mr McCormick a discount of 2 drives for his admission of the breach and a further 2 drive discount for his excellent record. As Mr McCormick drove on average 2 to 3 times per meeting, we determined that a 6 drive or 3-day suspension was an appropriate penalty in this case.

Penalty:
Accordingly, Mr McCormick’s Horseman’s Licence was suspended from the conclusion of racing on 15 January 2017 up to and including 27 January 2017. The effective meetings encompassed in this period were Blenheim on 20 January, Blenheim on 22 January and Addington on 27 January 2017.

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hearing_type: Old Hearing

Rules: 869(3)(b)

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