Ashburton TC 23 February 2019 – R 3 – Chair, Mr S Ching
ID: JCA10775
Meet Title:
Ashburton TC - 23 February 2019
Meet Chair:
SChing
Meet Committee Member 1:
GClapp
Race Date:
2019/02/23
Race Number:
R3
Decision:
As Mr McCormick had admitted the breach, the charge was found proved.
Penalty:
Mr McCormick’s horseman’s license is suspended from the conclusion of racing 23 February up to and including 10 March 2019. This suspension encompasses the meetings at Waikouaiti on 26 February, Christchurch on 1 March, Cheviot at Christchurch on 3 March, Forbury on 7 March, Westport on 8 March and Reefton on 10 March 2019.
Facts:
Following the running of Race 3, the Masterguard Pace Pace, an information was filed by Stipendiary Steward Mrs C Tibbs against Open Horseman, Mr L McCormick, alleging a breach of Rule 869(3) (b) in that Mr McCormick, when driving SHADOW DANCER, shifted outwards when not entitled to causing ONEDIN SMILER, driven by Mr G Shand, to be checked and break.
Mr McCormick had indicated on the Information that this breach of the Rules was admitted. Mr McCormick had also endorsed the information that he did not wish to be present which was confirmed by Mrs Tibbs.
Rule 869(3)(b) reads as follows:
“(3) No horseman in any race shall drive:-
(b) carelessly:-
Mrs Tibbs gave evidence and used video coverage with the assistance of Stipendiary Steward, Mr R Quirk, to show that approaching the home turn, Mr McCormick, driving SHADOW DANCER, was racing 3 back on the pylons with ONEDIN SMILER, driven by Mr Shand, in his trail and DON’T TELL ANGE driven by Mr M Anderson on his outer. Mrs Tibbs pointed out Mr McCormick shift out from the pylons position and force Mr Anderson wider on the track. Outside Mr Anderson was ONEDIN SMILER, who was placed into restricted room between TRIPLE BYPASS, driven by Mr J Dunn and DON’T TELL ANGE and as a result ONEDIN SMILER had to check, going into a break, losing all chance.
Submissions for Penalty:
Mrs Tibbs stated that Mr McCormick, had to date, had 952 lifetime drives with 23 drives so far this season. Mrs Tibbs stated that Mr McCormick had a clear record for the previous 12 months in relation to this rule. She said the JCA Penalty Guide provided a 10-drive suspension for a breach of this rule and submitted that after taking all factors into consideration an 8-day suspension be considered as penalty. Mrs Tibbs, in answer to a question from the Committee, stated that Mr McCormick drove on average 1 to 2 times per relevant meeting. She also stated that Mr McCormick had requested any suspension to begin as soon as possible.
Reasons for Penalty:
The JCA Penalty Guide provided a 10-drive suspension for a mid-range breach of this rule. This Committee determined that this breach was slightly above mid-range and therefore adopted an 11-drive starting point. We determined there were no aggravating factors to consider therefore no uplift in penalty warranted. There were however, mitigating factors to consider, being Mr McCormick’s admission of the breach and his clear record, warranting a discount. This combined discount we set at 2 drives. We therefore determined that a 9 drive suspension was an appropriate penalty in this case. Mrs Tibbs had informed the Committee that Mr McCormick drove on average 1 to 2 times per relevant meeting. We calculated that Mr McCormick drove on average 1.5 drives per meeting and for this penalty to be meaningful, determined that a 6-day suspension 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: 133d5754c57f4a968a22e540c8bbbf8a
informantnumber: A11207
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: admitted
penaltyrequired: 1
decisiondate: 24/02/2019
hearing_title: Ashburton TC 23 February 2019 - R 3 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 3, the Masterguard Pace Pace, an information was filed by Stipendiary Steward Mrs C Tibbs against Open Horseman, Mr L McCormick, alleging a breach of Rule 869(3) (b) in that Mr McCormick, when driving SHADOW DANCER, shifted outwards when not entitled to causing ONEDIN SMILER, driven by Mr G Shand, to be checked and break.
Mr McCormick had indicated on the Information that this breach of the Rules was admitted. Mr McCormick had also endorsed the information that he did not wish to be present which was confirmed by Mrs Tibbs.
Rule 869(3)(b) reads as follows:
“(3) No horseman in any race shall drive:-
(b) carelessly:-
Mrs Tibbs gave evidence and used video coverage with the assistance of Stipendiary Steward, Mr R Quirk, to show that approaching the home turn, Mr McCormick, driving SHADOW DANCER, was racing 3 back on the pylons with ONEDIN SMILER, driven by Mr Shand, in his trail and DON’T TELL ANGE driven by Mr M Anderson on his outer. Mrs Tibbs pointed out Mr McCormick shift out from the pylons position and force Mr Anderson wider on the track. Outside Mr Anderson was ONEDIN SMILER, who was placed into restricted room between TRIPLE BYPASS, driven by Mr J Dunn and DON’T TELL ANGE and as a result ONEDIN SMILER had to check, going into a break, losing all chance.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr McCormick had admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mrs Tibbs stated that Mr McCormick, had to date, had 952 lifetime drives with 23 drives so far this season. Mrs Tibbs stated that Mr McCormick had a clear record for the previous 12 months in relation to this rule. She said the JCA Penalty Guide provided a 10-drive suspension for a breach of this rule and submitted that after taking all factors into consideration an 8-day suspension be considered as penalty. Mrs Tibbs, in answer to a question from the Committee, stated that Mr McCormick drove on average 1 to 2 times per relevant meeting. She also stated that Mr McCormick had requested any suspension to begin as soon as possible.
reasonsforpenalty:
The JCA Penalty Guide provided a 10-drive suspension for a mid-range breach of this rule. This Committee determined that this breach was slightly above mid-range and therefore adopted an 11-drive starting point. We determined there were no aggravating factors to consider therefore no uplift in penalty warranted. There were however, mitigating factors to consider, being Mr McCormick’s admission of the breach and his clear record, warranting a discount. This combined discount we set at 2 drives. We therefore determined that a 9 drive suspension was an appropriate penalty in this case. Mrs Tibbs had informed the Committee that Mr McCormick drove on average 1 to 2 times per relevant meeting. We calculated that Mr McCormick drove on average 1.5 drives per meeting and for this penalty to be meaningful, determined that a 6-day suspension was appropriate.
penalty:
Mr McCormick’s horseman’s license is suspended from the conclusion of racing 23 February up to and including 10 March 2019. This suspension encompasses the meetings at Waikouaiti on 26 February, Christchurch on 1 March, Cheviot at Christchurch on 3 March, Forbury on 7 March, Westport on 8 March and Reefton on 10 March 2019.
hearing_type: Hearing
Rules: 869 (3) (b)
Informant: C Tibbs- Stipendiary Steward
JockeysandTrainer: L McCormick-Open Horseman
Otherperson: Mr R Quirk - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 10e7385b8934ec7479a999ee0aafe5c7
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: cb7610549cf0664f9322ebde7695ee6e
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 23/02/2019
meet_title: Ashburton TC - 23 February 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: ashburton-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: GClapp
meet_pm2: none
name: Ashburton TC