Ashburton TC 14 July 2019 – R 5 – Chair, Mr D Anderson
ID: JCA15952
Meet Title:
Ashburton TC - 14 July 2019
Meet Chair:
DAnderson
Meet Committee Member 1:
HWeston
Race Date:
2019/07/14
Race Number:
R 5
Decision:
Mr Weaver having admitted the breach; the charge was found proved.
Penalty:
Accordingly, Mr Weaver is fined $300.
Facts:
Following the running of Race 5, the Morgan Fencing Fillies & Mares Mobile Pace, an information was filed by Stipendiary Steward, Mrs C Tibbs, against Open Driver Mr B Weaver alleging that. “He drove carelessly near the 1300 metres when failing to concede his position to IDEAL RULE (K Butt) which resulted in his filly breaking & losing approximately 4 lengths”.
Mr Weaver had signed the Information admitting the breach and he confirmed to the Committee that he had a clear understanding of the careless driving rule.
Rule 869(3) (b) provides as follows:
(3) no horseman in any race shall drive:
(b) carelessly
Mrs Tibbs with the assistance of Mr Mulcay identified LA BELLA VITA and Mr Weaver as the race began. Mr Mulcay then pointed to Mr Weaver who had restrained his horse from its wide draw and was endeavouring to take up a position in the running line. He said approaching the 1300 metres Mr Weaver had lost the back of TEAM KIWI (R Holmes) and racing outside Mr Weaver was Ms Butt driving IDEAL RULE who had at least a neck advantage on Mr Weaver.
Mrs Tibbs said at this stage Ms Butt was entitled to ease Mr Weaver down to the inside but as Mr Weaver tried to resist his back legs made contact with Ms Butt’s wheel and caused him to break and lose several lengths.
Mr Weaver demonstrated to the Committee that his horse was hanging inwards which contributed to him losing contact with his trail and his ability to hold his racing line against Ms Butt.
Submissions for Penalty:
Mrs Tibbs said the Stewards on this occasion were seeking a fine as Penalty. Mr Weaver had a clear record for this rule and together with his frank admission deserved a discount from the Penalty Guide starting point of a $500 fine.
Mr Weaver stated he might prefer a suspension over a fine but after some consideration decided he was comfortable with a fine as Penalty.
Reasons for Penalty:
The JCA penalty Guidelines for the rule provides a starting point of a $500 fine or a 10-drive suspension. The Committee deemed the incident to be low range and agree a fine is appropriate in this case.
There are no Aggravating factors to consider.
The Mitigating factors are Mr Weaver’s good record and admission of the breach and that no other runners suffered any interference in the incident.
The Committee having regard for the above factors, considered a $300 fine as an appropriate penalty.
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: a500a99d6ec67eee4d1c7d4966b89a51
informantnumber: A11217
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: admitted
penaltyrequired: 1
decisiondate: 16/07/2019
hearing_title: Ashburton TC 14 July 2019 - R 5 - Chair, Mr D Anderson
charge:
facts:
Following the running of Race 5, the Morgan Fencing Fillies & Mares Mobile Pace, an information was filed by Stipendiary Steward, Mrs C Tibbs, against Open Driver Mr B Weaver alleging that. “He drove carelessly near the 1300 metres when failing to concede his position to IDEAL RULE (K Butt) which resulted in his filly breaking & losing approximately 4 lengths”.
Mr Weaver had signed the Information admitting the breach and he confirmed to the Committee that he had a clear understanding of the careless driving rule.
Rule 869(3) (b) provides as follows:
(3) no horseman in any race shall drive:
(b) carelessly
Mrs Tibbs with the assistance of Mr Mulcay identified LA BELLA VITA and Mr Weaver as the race began. Mr Mulcay then pointed to Mr Weaver who had restrained his horse from its wide draw and was endeavouring to take up a position in the running line. He said approaching the 1300 metres Mr Weaver had lost the back of TEAM KIWI (R Holmes) and racing outside Mr Weaver was Ms Butt driving IDEAL RULE who had at least a neck advantage on Mr Weaver.
Mrs Tibbs said at this stage Ms Butt was entitled to ease Mr Weaver down to the inside but as Mr Weaver tried to resist his back legs made contact with Ms Butt’s wheel and caused him to break and lose several lengths.
Mr Weaver demonstrated to the Committee that his horse was hanging inwards which contributed to him losing contact with his trail and his ability to hold his racing line against Ms Butt.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Weaver having admitted the breach; the charge was found proved.
sumissionsforpenalty:
Mrs Tibbs said the Stewards on this occasion were seeking a fine as Penalty. Mr Weaver had a clear record for this rule and together with his frank admission deserved a discount from the Penalty Guide starting point of a $500 fine.
Mr Weaver stated he might prefer a suspension over a fine but after some consideration decided he was comfortable with a fine as Penalty.
reasonsforpenalty:
The JCA penalty Guidelines for the rule provides a starting point of a $500 fine or a 10-drive suspension. The Committee deemed the incident to be low range and agree a fine is appropriate in this case.
There are no Aggravating factors to consider.
The Mitigating factors are Mr Weaver’s good record and admission of the breach and that no other runners suffered any interference in the incident.
The Committee having regard for the above factors, considered a $300 fine as an appropriate penalty.
penalty:
Accordingly, Mr Weaver is fined $300.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mrs C Tibbs - Stipendiary Steward
JockeysandTrainer: Mr B Weaver - Open Driver
Otherperson: Mr Mulcay - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: e170533f1979d17eedebcb9b9580d70e
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 0c048e775a5a0ea6add84e4f29b22f90
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 14/07/2019
meet_title: Ashburton TC - 14 July 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: ashburton-tc
meet_racingtype: harness-racing
meet_chair: DAnderson
meet_pm1: HWeston
meet_pm2: none
name: Ashburton TC