Akaroa TC – 22 March 2009 – Race 4
ID: JCA22536
Hearing Type (Code):
harness-racing
Meet Title:
Akaroa TC - 22 March 2009
Race Date:
2009/03/22
Race Number:
Race 4
Decision:
Following the running of Race 4, Ice Transport Mobile Pace, an information was filed by Chief Stipendiary Steward, Mr N R Escott, against Licensed Graduation Driver, Mr B Weaver, alleging a breach of Rule 869 (3) (b) in that, as the driver of SUNSET DREAM, he “shifted in making contact with THISEAS (J Herbert) resulting in THISEAS breaking at the 1500 metres”.
--
Following the running of Race 4, Ice Transport Mobile Pace, an information was filed by Chief Stipendiary Steward, Mr N R Escott, against Licensed Graduation Driver, Mr B Weaver, alleging a breach of Rule 869 (3) (b) in that, as the driver of SUNSET DREAM, he “shifted in making contact with THISEAS (J Herbert) resulting in THISEAS breaking at the 1500 metres”.
--Mr Weaver was present at the hearing of the information and did not admit the breach. Mr N G McIntyre, Stipendiary Steward, appeared for the informant.
--Rule 869 (3) (b) provides as follows:
(3) No horseman shall in any race drive:
(b) carelessly
Ms Herbert told the hearing that, approaching the 1500 metres, SUNSET DREAM driven by Mr Weaver was on her outer. At that point, SUNSET DREAM ran in, made contact with the hind leg of her horse causing it to break. There was no pressure from her inside and all of the pressure was from the outside.
--Mr S P Renault, Stipendiary Steward, showed video replays of the incident. He pointed out Ms Herbert, established in the one-one, and Mr Weaver progressing 3-wide. He pointed out the wheels of the respective sulkies, Mr Weaver’s being visible through having red rims. He alleged that Mr Weaver was in front of Ms Herbert. Mr Renault also asked the Committee to note Mr Weaver’s horse’s head. He pointed out it was initially turned in towards the rail, and then turned outwards as Mr Weaver attempted to pull off Ms Herbert. Mr McIntyre said that it could be seen that Mr Weaver’s sulky wheel was inside that of Ms Herbert.
--Mr Weaver disputed that his sulky wheel was inside the sulky wheel of Ms Herbert. He further stated that when he turned his horse’s head outwards, he was reacting to Ms Herbert’s horse galloping. The contact was after Ms Herbert’s horse had gone off stride. Mr Weaver referred to the video replay.
--At this point of the hearing, Mr Weaver indicated that he wished to change his plea and admit the breach. The hearing was then adjourned as the next race was about to start.
--Upon resumption of the hearing, Mr Weaver was asked to confirm that he wished to change his plea and admit the breach. Mr Weaver so confirmed and the charge was found proved accordingly.
--In relation to penalty, Mr McIntyre informed the Committee that Mr Weaver had had 67 drives in the current season. He had no breaches in the previous 12 months’ period. He pointed out that, as a result of Mr Weaver’s actions, another runner had lost its chance in the Race. He recommended a fine of between $200-300 or, alternatively, a 2 to 3 days’ suspension.
--Mr Weaver indicated that he preferred a suspension over a fine.
--In determining penalty, the Committee took into account that Mr Weaver had admitted the breach during the course of the hearing. It also took into account Mr Weaver’s previous good record and his preference for a fine. That another runner had lost its chances was an aggravating factor.
--Mr Weaver was suspended from after the conclusion of racing on 22 March 2008 up to and including 29 March 2008, effectively 3 days.
--R G McKenzie
CHAIRMAN
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: efd3a264b18524c8f0f620ba7896bd00
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 22/03/2009
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Akaroa TC - 22 March 2009 - Race 4
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Following the running of Race 4, Ice Transport Mobile Pace, an information was filed by Chief Stipendiary Steward, Mr N R Escott, against Licensed Graduation Driver, Mr B Weaver, alleging a breach of Rule 869 (3) (b) in that, as the driver of SUNSET DREAM, he “shifted in making contact with THISEAS (J Herbert) resulting in THISEAS breaking at the 1500 metres”.
--
Following the running of Race 4, Ice Transport Mobile Pace, an information was filed by Chief Stipendiary Steward, Mr N R Escott, against Licensed Graduation Driver, Mr B Weaver, alleging a breach of Rule 869 (3) (b) in that, as the driver of SUNSET DREAM, he “shifted in making contact with THISEAS (J Herbert) resulting in THISEAS breaking at the 1500 metres”.
--Mr Weaver was present at the hearing of the information and did not admit the breach. Mr N G McIntyre, Stipendiary Steward, appeared for the informant.
--Rule 869 (3) (b) provides as follows:
(3) No horseman shall in any race drive:
(b) carelessly
Ms Herbert told the hearing that, approaching the 1500 metres, SUNSET DREAM driven by Mr Weaver was on her outer. At that point, SUNSET DREAM ran in, made contact with the hind leg of her horse causing it to break. There was no pressure from her inside and all of the pressure was from the outside.
--Mr S P Renault, Stipendiary Steward, showed video replays of the incident. He pointed out Ms Herbert, established in the one-one, and Mr Weaver progressing 3-wide. He pointed out the wheels of the respective sulkies, Mr Weaver’s being visible through having red rims. He alleged that Mr Weaver was in front of Ms Herbert. Mr Renault also asked the Committee to note Mr Weaver’s horse’s head. He pointed out it was initially turned in towards the rail, and then turned outwards as Mr Weaver attempted to pull off Ms Herbert. Mr McIntyre said that it could be seen that Mr Weaver’s sulky wheel was inside that of Ms Herbert.
--Mr Weaver disputed that his sulky wheel was inside the sulky wheel of Ms Herbert. He further stated that when he turned his horse’s head outwards, he was reacting to Ms Herbert’s horse galloping. The contact was after Ms Herbert’s horse had gone off stride. Mr Weaver referred to the video replay.
--At this point of the hearing, Mr Weaver indicated that he wished to change his plea and admit the breach. The hearing was then adjourned as the next race was about to start.
--Upon resumption of the hearing, Mr Weaver was asked to confirm that he wished to change his plea and admit the breach. Mr Weaver so confirmed and the charge was found proved accordingly.
--In relation to penalty, Mr McIntyre informed the Committee that Mr Weaver had had 67 drives in the current season. He had no breaches in the previous 12 months’ period. He pointed out that, as a result of Mr Weaver’s actions, another runner had lost its chance in the Race. He recommended a fine of between $200-300 or, alternatively, a 2 to 3 days’ suspension.
--Mr Weaver indicated that he preferred a suspension over a fine.
--In determining penalty, the Committee took into account that Mr Weaver had admitted the breach during the course of the hearing. It also took into account Mr Weaver’s previous good record and his preference for a fine. That another runner had lost its chances was an aggravating factor.
--Mr Weaver was suspended from after the conclusion of racing on 22 March 2008 up to and including 29 March 2008, effectively 3 days.
--R G McKenzie
CHAIRMAN
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.3.b
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 4c69cc7c55f2934e6e27f982835c7d90
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 989618499f3ec1cfdf55e88fbdc66d35
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 22/03/2009
meet_title: Akaroa TC - 22 March 2009
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: akaroa-tc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Akaroa TC