Ashburton TC 15 November 2012 – R 7
ID: JCA14230
Meet Title:
Ashburton TC - 15 November 2012
Meet Chair:
JMillar
Meet Committee Member 1:
SChing
Race Date:
2012/11/15
Race Number:
R 7
Decision:
The charge was found to be proved.
Penalty:
Mr Golding was fined the sum of $200-00.
Charge:
Alleged breach of Rule 869(3)(b)
Facts:
Following the running of Race 7, the "Garth Jemmett Construction Mobile Pace", an Information was filed by Stipendiary Steward Mr N. G. Ydgren against Junior Horseman Mr S F Golding, the driver of "Hot Toddy" (10), alleging a breach of Rule 869(3)(b) in that he drove carelessly.
The charge reads as follows:
"I the above named informant allege that the above named Respondent committed a breach of Rule 869(3)(b) (in that) you drove in a careless manner by easing "Eyre Of Expectancy" wider onto the track which in turn caused "Eyre Of Expectancy" to strike the wheel of "K C Pedro". This happened with approx 400m to run.
Rules 869(3)(b) reads as follows:
"(3) No horseman in any race shall drive:-
(b) carelessly.."
Mr　Golding is a Junior Horseman and he was assisted at this hearing by Open Horseman Mr J. R. Dunn. Mr Golding had indicated on the information that this breach of the Rules was admitted and he confirmed this at the hearing. Mr Golding also agreed that he understood the charge and the Rule it was brought under.
Submissions for Decision:
The incident resulting in this breach of the Rules had been the subject of an earlier Protest Hearing. All parties agreed that the evidence given at the Protest Hearing could form the basis for the Summary of Facts for this hearing.
At about the 400m mark "Highview Jackie" which had been travelling on the running line behind the leader had eased back suddenly causing Mr Golding who had been following with "Hot Toddy" to take hold of his drive. In the process "Hot Toddy" had eased out slightly from the running line. Once Mr Golding had achieved control following this check, he turned his whip, slapped the horse with the right rein and eased further out from the running line into the racing room of the horse to his outside, "Eyre Of Expectancy" (Ms Hunter). In turn Ms Hunter was forced out and in the process her horse struck the inside sulky wheel of the horse to her outside, "P C Pedro". "Eyre of Expectancy" went into a break. Following a Protest Hearing "Hot Toddy" was relegated from 3rd to 11th position behind "Eyre Of Expectancy".
Reasons for Decision:
As Mr Golding had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Submissions for Penalty:
In relation to the penalty Mr Ydgren advised that Mr Golding had not previously breached this Rule. He was a Junior Horseman, having had 3 race day drives in the current season, and admitted the breach at an early stage.
Mr Ydgren submitted the offending was at the mid range at most, the incident having been contributed to by "Highview Jackie" easing back suddenly, and it was basically an error of judgement. He submitted that the normal starting point of 10 drives suspension or a fine of $500.00 was excessive in the circumstances of this case.
While acknowledging the incident had resulted in the relegation of "Hot Toddy" from 3rd placing, a fine of $200.00 was appropriate when taking the other factors into consideration.
Mr Golding accepted responsibility indicating that it "was a bit 50/50" and if he had waited another 5 strides the incident would not have occurred. He indicated a preference for a fine.
Reasons for Penalty:
We concurred with the Stipendiary Steward's submission that a 10 days driving suspension or a $500.00 fine was excessive in the current case. We acknowledged that Mr Golding is a Junior Driver with little race day driving experience, had admitted the breach, accepted responsibility and had a good record. We also took into account the impact of the interference to Mr Golding's horse by "Highview Jackie" immediately before the subsequent interference to "Eyre Of Expectancy".
While Mr Golding's actions resulted in the relegation of his horse from 3rd to 11th, when taking into account the above factors we considered a fine of $200.00 was appropriate.
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: aa6867854f08fb4379937988380b7091
informantnumber: A5577
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 30/10/2012
hearing_title: Ashburton TC 15 November 2012 - R 7
charge:
Alleged breach of Rule 869(3)(b)
facts:
Following the running of Race 7, the "Garth Jemmett Construction Mobile Pace", an Information was filed by Stipendiary Steward Mr N. G. Ydgren against Junior Horseman Mr S F Golding, the driver of "Hot Toddy" (10), alleging a breach of Rule 869(3)(b) in that he drove carelessly.
The charge reads as follows:
"I the above named informant allege that the above named Respondent committed a breach of Rule 869(3)(b) (in that) you drove in a careless manner by easing "Eyre Of Expectancy" wider onto the track which in turn caused "Eyre Of Expectancy" to strike the wheel of "K C Pedro". This happened with approx 400m to run.
Rules 869(3)(b) reads as follows:
"(3) No horseman in any race shall drive:-
(b) carelessly.."
Mr　Golding is a Junior Horseman and he was assisted at this hearing by Open Horseman Mr J. R. Dunn. Mr Golding had indicated on the information that this breach of the Rules was admitted and he confirmed this at the hearing. Mr Golding also agreed that he understood the charge and the Rule it was brought under.
appealdecision:
isappeal:
submissionsfordecision:
The incident resulting in this breach of the Rules had been the subject of an earlier Protest Hearing. All parties agreed that the evidence given at the Protest Hearing could form the basis for the Summary of Facts for this hearing.
At about the 400m mark "Highview Jackie" which had been travelling on the running line behind the leader had eased back suddenly causing Mr Golding who had been following with "Hot Toddy" to take hold of his drive. In the process "Hot Toddy" had eased out slightly from the running line. Once Mr Golding had achieved control following this check, he turned his whip, slapped the horse with the right rein and eased further out from the running line into the racing room of the horse to his outside, "Eyre Of Expectancy" (Ms Hunter). In turn Ms Hunter was forced out and in the process her horse struck the inside sulky wheel of the horse to her outside, "P C Pedro". "Eyre of Expectancy" went into a break. Following a Protest Hearing "Hot Toddy" was relegated from 3rd to 11th position behind "Eyre Of Expectancy".
reasonsfordecision:
As Mr Golding had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Decision:
The charge was found to be proved.
sumissionsforpenalty:
In relation to the penalty Mr Ydgren advised that Mr Golding had not previously breached this Rule. He was a Junior Horseman, having had 3 race day drives in the current season, and admitted the breach at an early stage.
Mr Ydgren submitted the offending was at the mid range at most, the incident having been contributed to by "Highview Jackie" easing back suddenly, and it was basically an error of judgement. He submitted that the normal starting point of 10 drives suspension or a fine of $500.00 was excessive in the circumstances of this case.
While acknowledging the incident had resulted in the relegation of "Hot Toddy" from 3rd placing, a fine of $200.00 was appropriate when taking the other factors into consideration.
Mr Golding accepted responsibility indicating that it "was a bit 50/50" and if he had waited another 5 strides the incident would not have occurred. He indicated a preference for a fine.
reasonsforpenalty:
We concurred with the Stipendiary Steward's submission that a 10 days driving suspension or a $500.00 fine was excessive in the current case. We acknowledged that Mr Golding is a Junior Driver with little race day driving experience, had admitted the breach, accepted responsibility and had a good record. We also took into account the impact of the interference to Mr Golding's horse by "Highview Jackie" immediately before the subsequent interference to "Eyre Of Expectancy".
While Mr Golding's actions resulted in the relegation of his horse from 3rd to 11th, when taking into account the above factors we considered a fine of $200.00 was appropriate.
penalty:
Mr Golding was fined the sum of $200-00.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr N Ydgren - Stipendiary Steward
JockeysandTrainer: Mr S F Golding - Junior Horseman, Mr J R Dunn - Open Horseman (Assisting Mr Golding)
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 0fe155e2c81ff8995a4b131ea334ee6f
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
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race_pm2:
meetid: cdd049b87d084dc077d6f13e27f5c606
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 15/11/2012
meet_title: Ashburton TC - 15 November 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: ashburton-tc
meet_racingtype: harness-racing
meet_chair: JMillar
meet_pm1: SChing
meet_pm2: none
name: Ashburton TC