Akaroa TC 17 March 2013 – R 8
ID: JCA13124
Meet Title:
Akaroa TC - 17 March 2013
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2013/03/17
Race Number:
R8
Decision:
The charge was found to be proved.
Penalty:
Accordingly Miss Young was fined the sum of $275.
Charge:
Breach of Rule 869(3)(b)
Facts:
Following the running of Race 8, the Resource Recycling Akaroa Cup Handicap Pace, an information was filed by Co-Chief Stipendiary Steward Mr N G McIntyre against Junior Horsewoman, Miss J J A Young, alleging a breach of Rule 869(3) (b) in that she drove carelessly when driving ROXY BROMAC near the 400m.
Miss Young had indicated on the Information that this breach of the Rules was not admitted and that she understood the Rule she was charged with. As Miss Young was a Junior Driver she was assisted at the hearing by Trainer Mr P D Young.
The charge reads as follows:
I, the above named informant allege that the above named Defendant committed a breach of Rule 869(3)(b) in that Miss Young drove carelessly when striking the wheel of BUY CHERON DIRECT with approximately 400m to run”.
Rule 869(3)(b) reads as follows:
“(3) No horseman in any race shall drive:-
(b) carelessly:-
Submissions for Decision:
All parties agreed that the evidence heard at the prior protest hearing would be accepted as part of this hearing.
Mr McIntyre gave evidence and used video coverage to show that near the 400m, Miss Young, driving ROXY BROMAC, when racing in the trail of BUY CHEVRON DIRECT, driven by Mr Chmiel, attempted to take a partial gap that presented itself on the inside of BUY CHEVRON DIRECT. Mr McIntyre stated that BUY CHEVRON DIRECT shifted out approximately ½ a sulky width on the home turn and Miss Young anticipated that the gap would increase in size to allow her through. When shifting down in an attempt to take this partial gap, Miss Young’s horse struck the sulky wheel of BUY CHEVRON DIRECT causing the tyre to come off the rim and the tube to wrap around the wheel. Mr McIntyre stated that Mr Chmiel had given evidence at the protest hearing that his wheel had locked up when the tube wrapped around the wheel. The result of the protest was that the Committee found that the interference suffered to BUY CHEVRON DIRECT was sufficient to order a change of placings. ROXY BROMAC was relegated from 2nd to 13th.
Miss Young assisted by Mr Young, made submissions that ROXY BROMAC was full of running and had been hanging out prior to the incident near the 400m. Miss Young stated that ROXY BROMAC shifted inwards quickly when the gap appeared and went for the gap. They stated that had Mr Chmiel’s horse not shifted out on the turn, this incident would not have happened. Mr Young submitted that when ROXY BROMAC spotted the gap, the horse went into it on its own accord. They submitted that ROXY BROMAC was known for this.
Reasons for Decision:
The Committee carefully considered the evidence presented and the video coverage of the incident. We were satisfied that with about 400m to run, ROXY BROMAC, driven by Miss Young was on the back of BUY CHEVRON DIRECT, driven by Mr Chmiel. As the field straightened, all parties agreed that BUY CHEVRON DIRECT shifted out approximately half a sulky width. The Stewards alleged that Miss Young angled in in anticipation of a run to the inside of BUY CHEVRON DIRECT which did not eventuate and as a result ROXY BROMAC struck the wheel of BUY CHEVRON DIRECT. In defence Miss Young stated that ROXY BROMAC had been hanging out when the partial gap appeared on the inside of BUY CHEVRON DIRECT. She said her horse shifted in on its own accord in an attempt to take the partial gap and struck the wheel of Mr Chmiel’s horse. The Committee are satisfied that Miss Young, in anticipating a gap on the inside of Mr Chmiel’s horse, either angled her horse inwards in an attempt to take the gap or allowed her horse to shift into the gap resulting in it striking the wheel of Mr Chmiel’s horse.
Submissions for Penalty:
Mr McIntyre informed the Committee that Miss Young was a junior driver and had an excellent penalty record. Mr McIntyre said that Miss Young had driven on 45 occasions last season with 39 drives so far this season. He submitted that the JCA Penalty Guide lines have as a starting point for a breach of this Rule, where relegation has occurred, a fine of $500 or 10 drives.
Mr McIntyre submitted that a fine of $300 or a 3 day suspension be considered.
Miss Young stated that a $300 fine or 3 day suspension was excessive but would prefer a fine as penalty.
Reasons for Penalty:
In determining penalty, the Committee gave considerable emphasis to Miss Young’s excellent record and the fact that she was a junior driver. The Committee was satisfied that this incident was just an error of judgement on Miss Young’s part. We determined that after taking all factors into consideration that a fine of $275 fine would be an appropriate penalty in this case.
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: 462dd92a3599b5c5b48bb34029da50aa
informantnumber: A5286
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 1
decisiondate: 10/03/2013
hearing_title: Akaroa TC 17 March 2013 - R 8
charge:
Breach of Rule 869(3)(b)
facts:
Following the running of Race 8, the Resource Recycling Akaroa Cup Handicap Pace, an information was filed by Co-Chief Stipendiary Steward Mr N G McIntyre against Junior Horsewoman, Miss J J A Young, alleging a breach of Rule 869(3) (b) in that she drove carelessly when driving ROXY BROMAC near the 400m.
Miss Young had indicated on the Information that this breach of the Rules was not admitted and that she understood the Rule she was charged with. As Miss Young was a Junior Driver she was assisted at the hearing by Trainer Mr P D Young.
The charge reads as follows:
I, the above named informant allege that the above named Defendant committed a breach of Rule 869(3)(b) in that Miss Young drove carelessly when striking the wheel of BUY CHERON DIRECT with approximately 400m to run”.
Rule 869(3)(b) reads as follows:
“(3) No horseman in any race shall drive:-
(b) carelessly:-
appealdecision:
isappeal:
submissionsfordecision:
All parties agreed that the evidence heard at the prior protest hearing would be accepted as part of this hearing.
Mr McIntyre gave evidence and used video coverage to show that near the 400m, Miss Young, driving ROXY BROMAC, when racing in the trail of BUY CHEVRON DIRECT, driven by Mr Chmiel, attempted to take a partial gap that presented itself on the inside of BUY CHEVRON DIRECT. Mr McIntyre stated that BUY CHEVRON DIRECT shifted out approximately ½ a sulky width on the home turn and Miss Young anticipated that the gap would increase in size to allow her through. When shifting down in an attempt to take this partial gap, Miss Young’s horse struck the sulky wheel of BUY CHEVRON DIRECT causing the tyre to come off the rim and the tube to wrap around the wheel. Mr McIntyre stated that Mr Chmiel had given evidence at the protest hearing that his wheel had locked up when the tube wrapped around the wheel. The result of the protest was that the Committee found that the interference suffered to BUY CHEVRON DIRECT was sufficient to order a change of placings. ROXY BROMAC was relegated from 2nd to 13th.
Miss Young assisted by Mr Young, made submissions that ROXY BROMAC was full of running and had been hanging out prior to the incident near the 400m. Miss Young stated that ROXY BROMAC shifted inwards quickly when the gap appeared and went for the gap. They stated that had Mr Chmiel’s horse not shifted out on the turn, this incident would not have happened. Mr Young submitted that when ROXY BROMAC spotted the gap, the horse went into it on its own accord. They submitted that ROXY BROMAC was known for this.
reasonsfordecision:
The Committee carefully considered the evidence presented and the video coverage of the incident. We were satisfied that with about 400m to run, ROXY BROMAC, driven by Miss Young was on the back of BUY CHEVRON DIRECT, driven by Mr Chmiel. As the field straightened, all parties agreed that BUY CHEVRON DIRECT shifted out approximately half a sulky width. The Stewards alleged that Miss Young angled in in anticipation of a run to the inside of BUY CHEVRON DIRECT which did not eventuate and as a result ROXY BROMAC struck the wheel of BUY CHEVRON DIRECT. In defence Miss Young stated that ROXY BROMAC had been hanging out when the partial gap appeared on the inside of BUY CHEVRON DIRECT. She said her horse shifted in on its own accord in an attempt to take the partial gap and struck the wheel of Mr Chmiel’s horse. The Committee are satisfied that Miss Young, in anticipating a gap on the inside of Mr Chmiel’s horse, either angled her horse inwards in an attempt to take the gap or allowed her horse to shift into the gap resulting in it striking the wheel of Mr Chmiel’s horse.
Decision:
The charge was found to be proved.
sumissionsforpenalty:
Mr McIntyre informed the Committee that Miss Young was a junior driver and had an excellent penalty record. Mr McIntyre said that Miss Young had driven on 45 occasions last season with 39 drives so far this season. He submitted that the JCA Penalty Guide lines have as a starting point for a breach of this Rule, where relegation has occurred, a fine of $500 or 10 drives.
Mr McIntyre submitted that a fine of $300 or a 3 day suspension be considered.
Miss Young stated that a $300 fine or 3 day suspension was excessive but would prefer a fine as penalty.
reasonsforpenalty:
In determining penalty, the Committee gave considerable emphasis to Miss Young’s excellent record and the fact that she was a junior driver. The Committee was satisfied that this incident was just an error of judgement on Miss Young’s part. We determined that after taking all factors into consideration that a fine of $275 fine would be an appropriate penalty in this case.
penalty:
Accordingly Miss Young was fined the sum of $275.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: N G McIntyre-Co-Chief Stipendiary Steward
JockeysandTrainer: J J A Young-Junior Horsewoman
Otherperson: P D Young-Public Trainer
PersonPresent:
Respondent:
StipendSteward:
raceid: d1b227f290bfacabf8757fb230a07da2
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 9b7fc8d25c111a078379d73e197abcd2
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 17/03/2013
meet_title: Akaroa TC - 17 March 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: akaroa-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: Akaroa TC