Akaroa TC 9 December 2018 – R 11 – Chair, Mr G Clapp
ID: JCA13273
Meet Title:
Akaroa TC - 9 December 2018
Meet Chair:
GClapp
Meet Committee Member 1:
RMcKenzie
Race Date:
2018/12/09
Race Number:
R 11
Decision:
As Mr Weaver admitted the breach the charge was found proved.
Penalty:
Mr Weaver's Horseman’s Licence is suspended from the conclusion of racing today 9 December 2018 up to and including 21 December 2018. This suspension encompasses the meetings at Addington on 14 December 2018, Rangiora 16 December 2018 and Addington 21 December 2018.
Facts:
Following the running of Race 11, the Country Feasts F & M Mobile Pace 2000 metres an information was filed by Stipendiary Steward Mr S Wallis against Open Horseman Mr B Weaver, alleging a breach of Rule 869(3) (b) in that he drove carelessly near the 250m mark when failing to concede position.
Mr Weaver had endorsed on the Information that this breach of the Rule was admitted. He confirmed to the committee that he understood the rule. Mr Weaver was present at the hearing.
Rule 869(3)(b) reads as follows:
“(3) No horseman in any race shall drive: -
(b) carelessly: -
Shifting Ground Regulation:
Where a horse does not have a clear passage during a race the driver shall be permitted to shift ground:
(2) Outwards and ease another runner up the track provided the horse to be shifted outwards is in a position to be moved out without causing interference to that or any other horse and that the movement complies with the requirements of Rule 869(6)(b) and (c) – the “push out” Rule.
Where interference occurs or a driver fails to concede when not in a position to maintain his/her place, the provisions of Rules 869(3) and (4) shall apply.
Mr Wallis gave evidence and used video coverage to show that near the 250m Mr Weaver, driving ULTIMATE DESIRE, was racing 3 out and 1 back with VINNIE RULZ, driven by Mr B Hope, on his inside. He said that Mr Hope’s horse, VINNIE RULZ was improving at this point, and that Mr Weaver had failed to concede position. His actions caused Mr Hope to become unbalanced in the sulky. This caused Mr Weaver's horse ULTIMATE DESIRE to break which in turn caused Mr May, TURKISH TROUSERS to take evasive action again to take up the position.
Mr Weaver explained that at the time Mr Hope had come out he had hit his horse once and dropped his inside rein causing his horse to hang in.
Submissions for Penalty:
Mr Wallis stated that Mr Weaver had an excellent record. He said that Mr Weaver normally drives his own horses. Last season he had had 46 drives and this season 13 drives before today's meeting. Mr Wallis told the committee that the penalty for a breach of this rule is a 10-drive suspension or a $500 fine. Mr Wallis said that Mr Weaver should be given credit for his good record and early admission of the breach. He also pointed out to the committee that Mr Weaver's actions had caused Mr Hope to become unbalanced in the sulky and also checked Mr May. For that reason, the Stewards are proposing a 10-day suspension of Mr Weaver’s licence for this breach. Mr Wallis said that Mr Weaver normally drove between 2 – 4 times per meeting and stayed within the Canterbury area.
Mr Weaver, told the committee that he had not long returned from the Manawatu. He had all of his horses in Canterbury. Two of his horses were unwell and did not race today. Mr Weaver was asked about deferment but decided to take a suspension immediately.
Reasons for Penalty:
The JCA Penalty Guide provides a starting point of a 10-drive suspension or a $500 for a mid-range breach of this rule. The Committee agreed with Mr Wallis that a suspension was an appropriate penalty and adopted the starting point of a 10-drive suspension. The aggravating factors were that his actions caused Mr Hope to become unbalanced in the sulky although we note Mr Hope went on to win the race. We deemed the level of carelessness as mid – range. We therefore agreed that the starting point should be 10 drives. We accepted that Mr Weaver will drive between 2- 4 drives per meeting. We were, however, able to afford Mr Weaver a discount for his admission of the breach and his clear record. This discount we set at 2 drives. This Committee has determined that an 8-drive suspension would equate to a 3-day suspension in Mr Weaver's case.
We therefore determined that a 3-day suspension was 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: 5af75e599816f913fd33f37cabca646d
informantnumber: A10815
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless driving
plea: admitted
penaltyrequired: 1
decisiondate: 14/12/2018
hearing_title: Akaroa TC 9 December 2018 - R 11 - Chair, Mr G Clapp
charge:
facts:
Following the running of Race 11, the Country Feasts F & M Mobile Pace 2000 metres an information was filed by Stipendiary Steward Mr S Wallis against Open Horseman Mr B Weaver, alleging a breach of Rule 869(3) (b) in that he drove carelessly near the 250m mark when failing to concede position.
Mr Weaver had endorsed on the Information that this breach of the Rule was admitted. He confirmed to the committee that he understood the rule. Mr Weaver was present at the hearing.
Rule 869(3)(b) reads as follows:
“(3) No horseman in any race shall drive: -
(b) carelessly: -
Shifting Ground Regulation:
Where a horse does not have a clear passage during a race the driver shall be permitted to shift ground:
(2) Outwards and ease another runner up the track provided the horse to be shifted outwards is in a position to be moved out without causing interference to that or any other horse and that the movement complies with the requirements of Rule 869(6)(b) and (c) – the “push out” Rule.
Where interference occurs or a driver fails to concede when not in a position to maintain his/her place, the provisions of Rules 869(3) and (4) shall apply.
Mr Wallis gave evidence and used video coverage to show that near the 250m Mr Weaver, driving ULTIMATE DESIRE, was racing 3 out and 1 back with VINNIE RULZ, driven by Mr B Hope, on his inside. He said that Mr Hope’s horse, VINNIE RULZ was improving at this point, and that Mr Weaver had failed to concede position. His actions caused Mr Hope to become unbalanced in the sulky. This caused Mr Weaver's horse ULTIMATE DESIRE to break which in turn caused Mr May, TURKISH TROUSERS to take evasive action again to take up the position.
Mr Weaver explained that at the time Mr Hope had come out he had hit his horse once and dropped his inside rein causing his horse to hang in.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Weaver admitted the breach the charge was found proved.
sumissionsforpenalty:
Mr Wallis stated that Mr Weaver had an excellent record. He said that Mr Weaver normally drives his own horses. Last season he had had 46 drives and this season 13 drives before today's meeting. Mr Wallis told the committee that the penalty for a breach of this rule is a 10-drive suspension or a $500 fine. Mr Wallis said that Mr Weaver should be given credit for his good record and early admission of the breach. He also pointed out to the committee that Mr Weaver's actions had caused Mr Hope to become unbalanced in the sulky and also checked Mr May. For that reason, the Stewards are proposing a 10-day suspension of Mr Weaver’s licence for this breach. Mr Wallis said that Mr Weaver normally drove between 2 – 4 times per meeting and stayed within the Canterbury area.
Mr Weaver, told the committee that he had not long returned from the Manawatu. He had all of his horses in Canterbury. Two of his horses were unwell and did not race today. Mr Weaver was asked about deferment but decided to take a suspension immediately.
reasonsforpenalty:
The JCA Penalty Guide provides a starting point of a 10-drive suspension or a $500 for a mid-range breach of this rule. The Committee agreed with Mr Wallis that a suspension was an appropriate penalty and adopted the starting point of a 10-drive suspension. The aggravating factors were that his actions caused Mr Hope to become unbalanced in the sulky although we note Mr Hope went on to win the race. We deemed the level of carelessness as mid – range. We therefore agreed that the starting point should be 10 drives. We accepted that Mr Weaver will drive between 2- 4 drives per meeting. We were, however, able to afford Mr Weaver a discount for his admission of the breach and his clear record. This discount we set at 2 drives. This Committee has determined that an 8-drive suspension would equate to a 3-day suspension in Mr Weaver's case.
We therefore determined that a 3-day suspension was an appropriate penalty in this case.
penalty:
Mr Weaver's Horseman’s Licence is suspended from the conclusion of racing today 9 December 2018 up to and including 21 December 2018. This suspension encompasses the meetings at Addington on 14 December 2018, Rangiora 16 December 2018 and Addington 21 December 2018.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr S Wallis - Stipendiary Steward
JockeysandTrainer: Mr B Weaver - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 9395314627062c637e646fdeaa6f064f
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 11
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: cef1e9566329e8b6b16968e36b01bdaa
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 09/12/2018
meet_title: Akaroa TC - 9 December 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: akaroa-tc
meet_racingtype: harness-racing
meet_chair: GClapp
meet_pm1: RMcKenzie
meet_pm2: none
name: Akaroa TC