Ashburton TC 11 November 2010 – R 3
ID: JCA18047
Meet Title:
Ashburton TC - 11 November 2010
Meet Chair:
JPhelan
Meet Committee Member 1:
JMillar
Race Date:
2010/11/11
Race Number:
R 3
Decision:
Having heard the evidence, and having seen the video coverage, we are satisfied that with about 950 metres to run Mr Hastie moved outwards at which time there was contact between his horse and “Sarah Lawson” which galloped.
We are satisfied that Mr Hastie was not in a position to move “Sarah Lawson” wider on the track at that time, and we find the charge proved.
Penalty:
Accordingly the parties were advised that Mr Hastie’s Open Horseman’s Licence was suspended from after the completion of racing today, the 11 November 2010, until after the completion of racing on 19 November 2010. This period of suspension includes relevant race days of 17 November 2010 at Oamaru, and 19 November 2010 at NZMTC.
Charge:
Careless Driving
Facts:
Following the running of Race 3, the Pegasus Spur Mobile Pace, an Information was filed by Stipendiary Steward Mr N. G. McIntyre against Open Horseman Mr A. D. Hastie alleging a breach of Rule 869(4) in that he drove in a manner likely to cause interference.
The charge reads as follows.
“I the abovenamed informant allege that the abovenamed Defendant committed a breach of Rule 869(4) in that Mr Hastie shifted his horse (K C Pedro) wider on the track with 950m remaining which caused interference to Sarah Lawson (C. Driver) causing this horse to gallop and lose all chance.”
Rules 869(4) reads as follows,
“(4) No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.”
Mr Hastie had indicated on the Information that this breach of the Rules was not admitted, and he confirmed this at the hearing. Mr Hastie also agreed that he understood the charge and the Rule it was brought under.
Submissions for Decision:
Mr C. R. Driver, the driver of “Sarah Lawson” (2), gave evidence that at about the 950 metre mark Mr Hastie had come out in front of him and had taken his front legs causing his horse to gallop. Mr Driver also said that at the time of this incident he had another horse coming up on the outside of him, and although he had tried to “drag” his horse off to give Mr Hastie room, he had no place to go. It was also established that the movement by Mr Hastie was not abrupt.
Mr McIntyre gave evidence and used video coverage to illustrate this incident.
Mr Hastie gave evidence and said that he believed that he was entitled to move Mr Driver wider on the track because he was inside the 1000 metre mark, and that Mr Driver had ample time to give him room. Mr Hastie disputed that the horse racing outside “Sarah Lawson” prevented Mr Driver from giving him the room he needed to avoid this incident.
Reasons for Decision:
After carefully reviewing the evidence and the video coverage we were satisfied that Mr Hastie had moved his horse outwards and made contact with “Sarah Lawson”. At that time Mr Hastie was not clear of “Sarah Lawson” and Mr Driver could not give him room as he had a horse on his outside. We were satisfied that the charge had been proved.
Submissions for Penalty:
In relation to penalty Mr McIntyre advised that Mr Hastie had not previously appeared on any driving charge as far as he was aware. Mr Hastie said that he could not recall “….when he last did anything wrong”. Mr Hastie also advised that he would prefer a suspension to a fine.
Mr McIntyre said that Mr Hastie had three horses racing at the moment which he drove, and submitted that a 3 day suspension would be appropriate in this case.
Mr Hastie had no other relevant submissions to make as to penalty.
Reasons for Penalty:
In considering an appropriate penalty we especially took into account that this was probably Mr Hastie’s first driving charge, which is an excellent record. We decided that an appropriate penalty in this case was a two day suspension.
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: e6d8c6209b0668774dfbbb2bfe4a42ae
informantnumber: 68791
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 16/11/2010
hearing_title: Ashburton TC 11 November 2010 - R 3
charge:
Careless Driving
facts:
Following the running of Race 3, the Pegasus Spur Mobile Pace, an Information was filed by Stipendiary Steward Mr N. G. McIntyre against Open Horseman Mr A. D. Hastie alleging a breach of Rule 869(4) in that he drove in a manner likely to cause interference.
The charge reads as follows.
“I the abovenamed informant allege that the abovenamed Defendant committed a breach of Rule 869(4) in that Mr Hastie shifted his horse (K C Pedro) wider on the track with 950m remaining which caused interference to Sarah Lawson (C. Driver) causing this horse to gallop and lose all chance.”
Rules 869(4) reads as follows,
“(4) No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.”
Mr Hastie had indicated on the Information that this breach of the Rules was not admitted, and he confirmed this at the hearing. Mr Hastie also agreed that he understood the charge and the Rule it was brought under.
appealdecision:
isappeal:
submissionsfordecision:
Mr C. R. Driver, the driver of “Sarah Lawson” (2), gave evidence that at about the 950 metre mark Mr Hastie had come out in front of him and had taken his front legs causing his horse to gallop. Mr Driver also said that at the time of this incident he had another horse coming up on the outside of him, and although he had tried to “drag” his horse off to give Mr Hastie room, he had no place to go. It was also established that the movement by Mr Hastie was not abrupt.
Mr McIntyre gave evidence and used video coverage to illustrate this incident.
Mr Hastie gave evidence and said that he believed that he was entitled to move Mr Driver wider on the track because he was inside the 1000 metre mark, and that Mr Driver had ample time to give him room. Mr Hastie disputed that the horse racing outside “Sarah Lawson” prevented Mr Driver from giving him the room he needed to avoid this incident.
reasonsfordecision:
After carefully reviewing the evidence and the video coverage we were satisfied that Mr Hastie had moved his horse outwards and made contact with “Sarah Lawson”. At that time Mr Hastie was not clear of “Sarah Lawson” and Mr Driver could not give him room as he had a horse on his outside. We were satisfied that the charge had been proved.
Decision:
Having heard the evidence, and having seen the video coverage, we are satisfied that with about 950 metres to run Mr Hastie moved outwards at which time there was contact between his horse and “Sarah Lawson” which galloped.
We are satisfied that Mr Hastie was not in a position to move “Sarah Lawson” wider on the track at that time, and we find the charge proved.
sumissionsforpenalty:
In relation to penalty Mr McIntyre advised that Mr Hastie had not previously appeared on any driving charge as far as he was aware. Mr Hastie said that he could not recall “….when he last did anything wrong”. Mr Hastie also advised that he would prefer a suspension to a fine.
Mr McIntyre said that Mr Hastie had three horses racing at the moment which he drove, and submitted that a 3 day suspension would be appropriate in this case.
Mr Hastie had no other relevant submissions to make as to penalty.
reasonsforpenalty:
In considering an appropriate penalty we especially took into account that this was probably Mr Hastie’s first driving charge, which is an excellent record. We decided that an appropriate penalty in this case was a two day suspension.
penalty:
Accordingly the parties were advised that Mr Hastie’s Open Horseman’s Licence was suspended from after the completion of racing today, the 11 November 2010, until after the completion of racing on 19 November 2010. This period of suspension includes relevant race days of 17 November 2010 at Oamaru, and 19 November 2010 at NZMTC.
hearing_type: Hearing
Rules: 869(4)
Informant: Mr N McIntyre, Stipendiary Steward
JockeysandTrainer: Mr A Hastie, Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: d83e08be55090b4403b65e31425f6040
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 25d0e2536dedc234a79f9cceba5fbba3
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 11/11/2010
meet_title: Ashburton TC - 11 November 2010
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: ashburton-tc
meet_racingtype: harness-racing
meet_chair: JPhelan
meet_pm1: JMillar
meet_pm2: none
name: Ashburton TC