Ashburton TC 30 May 2015 – R 7
ID: JCA13119
Meet Title:
Ashburton TC - 30 May 2015
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2015/05/30
Race Number:
R7
Decision:
Mr Stormont having admitted the breach, the charge was found proved.
Penalty:
Mr Stormont’s Open Horseman’s Licence is suspended from after the close of racing on this raceday up to and including 14 June 2015 – 3 days. The race meetings intended to be encompassed by the term of suspension are Auckland on 5 June, Auckland on 12 June 2015 and Cambridge on 14 June 2015.
Facts:
Following the running of Race 7, McMillan Feeds 4YO Ruby (Group 1), an information was filed by Co-Chief Stipendiary Steward, Mr N G McIntyre, against Licensed Open Horseman, Mr J P Stormont, alleging that, as the driver of MUM’S PRIDE in the race, he drove carelessly in that “near the 1500 metres he allowed his horse to shift inwards which has caused tightening to HARRYSUL (S F Golding) who was taken downwards causing a check to LUCKY FORTUNE (J F Curtin)”.
Mr Stormont was present at the hearing of the information and he indicated that he admitted the breach.
Rule 869 provides as follows:
(3) No horseman in any race shall drive:-
(b) carelessly
Mr McIntyre showed video replays of the incident, approximately 100 metres after the start of the mobile 1 mile race. He pointed out LUCKY FORTUNE, which had drawn barrier position 5 on the front row, go into a break and go back through the field. While in a gallop, it contacted the sulky wheel of HARRYSUL, which was racing on its outside having drawn barrier position 6, and fell to the track dislodging Mr Curtin. MUM'S PRIDE, driven by Mr Stormont, which had drawn barrier position 7, had shifted inwards and was not clear of HARRYSUL to its inside and Mr Golding was not clear of Mr Curtin, Mr McIntyre said.
Referring to the video replay, Mr McIntyre submitted that prior to the incident Mr Curtin’s horse had its head round in a gallop but was not shifting ground. There was a slight shift from TROUBLE RIEU (S P McNally) on Mr Curtin’s inside and from ALL ROYAL (J R Dunn) on the inside of that runner (those two runners had drawn barrier positions 4 and 3 respectively on the second row). However, Mr McIntyre said, the majority of the shift was from the outside. Mr Stormont could be seen to apply pressure to Mr Golding as a result of which Mr Golding applied pressure to Mr Curtin, as a consequence of which Mr Curtin’s runner fell.
The essence of the Stewards’ allegation was that Mr Stormont was not clear of Mr Golding and had taken Mr Golding in onto the galloping LUCKY FORTUNE.
Mr Stormont said that he heard Mr Golding call but did not hear a call from Mr Curtin. He was aware that Mr Curtin’s horse had galloped but thought that it must have galloped out. He had misjudged it by “one stride”, Mr Stormont submitted. Mr Curtin had confirmed this, Mr Stormont said, and Mr McIntyre also agreed. Mr Stormont had taken corrective action immediately upon hearing Mr Golding call but it was just too late, Mr McIntyre said.
Any movement from the inside was only small but when the field is racing tightly and at speed there does not have to be a lot of movement, Mr McIntyre said. Mr Stormont also pointed out that the incident took place on a bend, where all horses tend to run in.
Submissions for Penalty:
Mr McIntyre pointed out that this was a Premier Raceday. Mr Stormont has a clear record, he said. He has had 216 drives to date in the current season and in the 2013/2014 season had 251 drives.
The breach was in the low-to-mid range, Mr McIntyre submitted, having regard to the fact that it involved a galloping horse and some movement from the inside.
Mr McIntyre referred to the Penalty Guide which provides that in a “major race” (a stake of more than $40,000) the starting point for penalty is a 3 days’ suspension. That was an appropriate penalty in this case, Mr McIntyre submitted.
Mr Stormont told the Committee that he would prefer a fine, as a suspension would be expensive. He had no drives at Cambridge on 2 June, he said.
Reasons for Penalty:
In arriving at penalty, the Committee had regard to the starting point for penalty under the Penalty Guide of a 3 days’ suspension.
An uplift from that starting point is warranted having regard to a couple of factors – the status of the Race (Group 1) and the stake payable ($100,000) and the fact that Mr Stormont’s carelessness resulted in another runner falling. We have fixed that uplift at 1 day.
On the other hand, Mr Stormont is entitled to a discount for his very frank admission of the breach and his very good driving record. We have assessed the appropriate discount for those factors at 1 day, which brings the penalty back to the 3 days’ starting point. We set the penalty at a 3 days’ 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: 45011f90cf06ab92098ae35f9d9706bd
informantnumber: A6194
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: admitted
penaltyrequired: 1
decisiondate: 02/06/2015
hearing_title: Ashburton TC 30 May 2015 - R 7
charge:
facts:
Following the running of Race 7, McMillan Feeds 4YO Ruby (Group 1), an information was filed by Co-Chief Stipendiary Steward, Mr N G McIntyre, against Licensed Open Horseman, Mr J P Stormont, alleging that, as the driver of MUM’S PRIDE in the race, he drove carelessly in that “near the 1500 metres he allowed his horse to shift inwards which has caused tightening to HARRYSUL (S F Golding) who was taken downwards causing a check to LUCKY FORTUNE (J F Curtin)”.
Mr Stormont was present at the hearing of the information and he indicated that he admitted the breach.
Rule 869 provides as follows:
(3) No horseman in any race shall drive:-
(b) carelessly
Mr McIntyre showed video replays of the incident, approximately 100 metres after the start of the mobile 1 mile race. He pointed out LUCKY FORTUNE, which had drawn barrier position 5 on the front row, go into a break and go back through the field. While in a gallop, it contacted the sulky wheel of HARRYSUL, which was racing on its outside having drawn barrier position 6, and fell to the track dislodging Mr Curtin. MUM'S PRIDE, driven by Mr Stormont, which had drawn barrier position 7, had shifted inwards and was not clear of HARRYSUL to its inside and Mr Golding was not clear of Mr Curtin, Mr McIntyre said.
Referring to the video replay, Mr McIntyre submitted that prior to the incident Mr Curtin’s horse had its head round in a gallop but was not shifting ground. There was a slight shift from TROUBLE RIEU (S P McNally) on Mr Curtin’s inside and from ALL ROYAL (J R Dunn) on the inside of that runner (those two runners had drawn barrier positions 4 and 3 respectively on the second row). However, Mr McIntyre said, the majority of the shift was from the outside. Mr Stormont could be seen to apply pressure to Mr Golding as a result of which Mr Golding applied pressure to Mr Curtin, as a consequence of which Mr Curtin’s runner fell.
The essence of the Stewards’ allegation was that Mr Stormont was not clear of Mr Golding and had taken Mr Golding in onto the galloping LUCKY FORTUNE.
Mr Stormont said that he heard Mr Golding call but did not hear a call from Mr Curtin. He was aware that Mr Curtin’s horse had galloped but thought that it must have galloped out. He had misjudged it by “one stride”, Mr Stormont submitted. Mr Curtin had confirmed this, Mr Stormont said, and Mr McIntyre also agreed. Mr Stormont had taken corrective action immediately upon hearing Mr Golding call but it was just too late, Mr McIntyre said.
Any movement from the inside was only small but when the field is racing tightly and at speed there does not have to be a lot of movement, Mr McIntyre said. Mr Stormont also pointed out that the incident took place on a bend, where all horses tend to run in.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Stormont having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr McIntyre pointed out that this was a Premier Raceday. Mr Stormont has a clear record, he said. He has had 216 drives to date in the current season and in the 2013/2014 season had 251 drives.
The breach was in the low-to-mid range, Mr McIntyre submitted, having regard to the fact that it involved a galloping horse and some movement from the inside.
Mr McIntyre referred to the Penalty Guide which provides that in a “major race” (a stake of more than $40,000) the starting point for penalty is a 3 days’ suspension. That was an appropriate penalty in this case, Mr McIntyre submitted.
Mr Stormont told the Committee that he would prefer a fine, as a suspension would be expensive. He had no drives at Cambridge on 2 June, he said.
reasonsforpenalty:
In arriving at penalty, the Committee had regard to the starting point for penalty under the Penalty Guide of a 3 days’ suspension.
An uplift from that starting point is warranted having regard to a couple of factors – the status of the Race (Group 1) and the stake payable ($100,000) and the fact that Mr Stormont’s carelessness resulted in another runner falling. We have fixed that uplift at 1 day.
On the other hand, Mr Stormont is entitled to a discount for his very frank admission of the breach and his very good driving record. We have assessed the appropriate discount for those factors at 1 day, which brings the penalty back to the 3 days’ starting point. We set the penalty at a 3 days’ suspension.
penalty:
Mr Stormont’s Open Horseman’s Licence is suspended from after the close of racing on this raceday up to and including 14 June 2015 – 3 days. The race meetings intended to be encompassed by the term of suspension are Auckland on 5 June, Auckland on 12 June 2015 and Cambridge on 14 June 2015.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr N G McIntyre - Co-Chief Stipendiary Steward
JockeysandTrainer: J P Stormont, Licensed Open Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 092a37d7a0ee14abe3d3eec335eadab7
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: eef94d1b52e737fe05891164fe558066
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 30/05/2015
meet_title: Ashburton TC - 30 May 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: ashburton-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: SChing
meet_pm2: none
name: Ashburton TC