Ashburton TC 4 May 2014 – R 6
ID: JCA16208
Meet Title:
Ashburton TC - 4 May 2014
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2014/05/04
Race Number:
R6
Decision:
The charge was found proved.
Penalty:
Mr Close was fined the sum of $200.
Facts:
Following the running of Race 6, the Hotel Ashburton Pace, an information was filed by Stipendiary Steward, Mr N Ydgren, against Licensed Junior Horseman, Mr R Close alleging that Mr Close, as the driver of HESTIA FRANCO in the race, drove carelessly by allowing his horse to strike the sulky wheel of VALMARA which caused the tyre to deflate when shifting ground near the 200m.
Mr Close informed the Committee that he understood the rule he was charged with and confirmed that he admitted the breach. Mr Close was assisted at the hearing by Open Horseman Mr C DeFilippi.
Rule 869 (3) (b provides as follows:
(3) No horseman in any race shall drive:-
(b) carelessly;
Mr Ydgren gave evidence and replayed video films to show that approaching the 200m Mr Close, driving HESTIA FRANCO, was racing midfield and improving through the field. Near the 200m Mr Close found himself in the trail of VALMARA, driven by Mr T Chmiel and when attempting to improve past VALMARA, struck that horses’ sulky wheel, with the tyre deflating and coming adrift almost immediately. This had an immediate effect on VALMARRA who lost any chance. Mr Ydgren stated that VALMARA was not travelling as well as HESTIA FRANCO when Mr Close approached from behind and with HESTIA FRANCO full of running, Mr Close misjudged the manoeuvre to improve past VALMARRA. Mr Ydgren submitted that it was a minor misjudgement by Mr Close with just a touch to the sulky wheel of VALMARRA. He stated that the breach could be considered as low level.
Mr DeFilippi submitted on behalf of Mr Close, that the breach was at the lower end of the scale and was a minor misjudgement.
Submissions for Penalty:
Mr Ydgren told that Mr Close had career drives totalling 720 with 56 wins and so far this season 169 drives with 15 wins. Mr Close was a successful Junior Driver and had received a fine of $250 in September 2013 for a breach of this Rule. He submitted that his record could be considered good and also said that Mr Close had admitted the breach at the first opportunity
Mr Close and Mr DeFilippi made no submissions in regard to penalty.
Reasons for Penalty:
In determining penalty the Committee took into consideration Mr Closes’ status as a Junior Driver and his penalty record which we determined to be good. We also took into account the level of the breach which we determined to be low. Taking the JCA Penalty Guide recommended starting point of $400 for a breach of this Rule we were able to give Mr Close a discount of $100 for his frank admission of the breach and the low level of carelessness. We were able to give Mr Close a further discount of $100 for his status as a Junior Driver and his good record. We therefore determined that a fine of $200 was an appropriate penalty in this case.
JCA Decision Fields (raw)
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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: cac31b05cbea1b7c94b653cc2dcb4806
informantnumber: A6138
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless driving
plea: admitted
penaltyrequired: 1
decisiondate: 06/05/2014
hearing_title: Ashburton TC 4 May 2014 - R 6
charge:
facts:
Following the running of Race 6, the Hotel Ashburton Pace, an information was filed by Stipendiary Steward, Mr N Ydgren, against Licensed Junior Horseman, Mr R Close alleging that Mr Close, as the driver of HESTIA FRANCO in the race, drove carelessly by allowing his horse to strike the sulky wheel of VALMARA which caused the tyre to deflate when shifting ground near the 200m.
Mr Close informed the Committee that he understood the rule he was charged with and confirmed that he admitted the breach. Mr Close was assisted at the hearing by Open Horseman Mr C DeFilippi.
Rule 869 (3) (b provides as follows:
(3) No horseman in any race shall drive:-
(b) carelessly;
Mr Ydgren gave evidence and replayed video films to show that approaching the 200m Mr Close, driving HESTIA FRANCO, was racing midfield and improving through the field. Near the 200m Mr Close found himself in the trail of VALMARA, driven by Mr T Chmiel and when attempting to improve past VALMARA, struck that horses’ sulky wheel, with the tyre deflating and coming adrift almost immediately. This had an immediate effect on VALMARRA who lost any chance. Mr Ydgren stated that VALMARA was not travelling as well as HESTIA FRANCO when Mr Close approached from behind and with HESTIA FRANCO full of running, Mr Close misjudged the manoeuvre to improve past VALMARRA. Mr Ydgren submitted that it was a minor misjudgement by Mr Close with just a touch to the sulky wheel of VALMARRA. He stated that the breach could be considered as low level.
Mr DeFilippi submitted on behalf of Mr Close, that the breach was at the lower end of the scale and was a minor misjudgement.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The charge was found proved.
sumissionsforpenalty:
Mr Ydgren told that Mr Close had career drives totalling 720 with 56 wins and so far this season 169 drives with 15 wins. Mr Close was a successful Junior Driver and had received a fine of $250 in September 2013 for a breach of this Rule. He submitted that his record could be considered good and also said that Mr Close had admitted the breach at the first opportunity
Mr Close and Mr DeFilippi made no submissions in regard to penalty.
reasonsforpenalty:
In determining penalty the Committee took into consideration Mr Closes’ status as a Junior Driver and his penalty record which we determined to be good. We also took into account the level of the breach which we determined to be low. Taking the JCA Penalty Guide recommended starting point of $400 for a breach of this Rule we were able to give Mr Close a discount of $100 for his frank admission of the breach and the low level of carelessness. We were able to give Mr Close a further discount of $100 for his status as a Junior Driver and his good record. We therefore determined that a fine of $200 was an appropriate penalty in this case.
penalty:
Mr Close was fined the sum of $200.
hearing_type: Hearing
Rules: 869 (3) (b)
Informant: Mr N Ydgren - Stipendiary Steward
JockeysandTrainer: R Close - Licensed Junior Horseman
Otherperson: C DeFilippi - Licensed Open Horseman assisting Mr Close
PersonPresent:
Respondent:
StipendSteward:
raceid: 7257a3a300c2803c6f16d7b786691eea
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: f1d9e57ca0b4abbe9fa99b613de903e6
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 04/05/2014
meet_title: Ashburton TC - 4 May 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: ashburton-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: Ashburton TC