Archive Decision

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Auckland TC 16 December 2017 – R 5 – Chair, Mr B J Scott

ID: JCA13269

Applicant:
Mr J M Muirhead - Stipendiary Steward

Respondent(s):
Miss T Fensom - Junior Driver

Information Number:
A9142

Hearing Type:
Hearing

New Charge:
Driving sulky inside pylons

Rules:
Rule 869(7A)(b)

Plea:
admitted

Meet Title:
Auckland TC - 16 December 2017

Meet Chair:
BScott

Meet Committee Member 1:
AGodsalve

Race Date:
2017/12/16

Race Number:
R5

Decision:

The breach is admitted and therefore the charge is upheld.

Penalty:

This Committee imposes a fine of $150.00 on Miss Fensom.

Facts:

Following the running of the YHI MOBILE PACE an Information was lodged by Stipendiary Steward Mr JM Muirhead against Junior Driver Miss T Fensom  alleging that Miss Fensom when driving KAITLYN failed to ensure that her sulky did not protrude inside the marker line when attempting an inside run near the 250 metres.

Rule 869 (7A)(b) provides: that a driver shall in any race not allow his/her sulky to protrude inside the marker line.

Miss Fensom was present at the Hearing and confirmed that she understood the Rule and she admitted the breach. She was supported by Mr Rhys Fensom.

Mr Muirhead demonstrated the incident by use of the race films and showed where prior to the home turn Miss Fensom's horse was in the trail and was full of running. She was looking to improve and the leader was weakening. Miss Fensom then improved on the inside of the leader but there was insufficient room and her inside sulky wheel went over 3 to 4 pylons. Mr Muirhead said that the Stewards did not believe that she gained an advantage by her action.

Miss Fensom said that the leader THE CEO moved out a bit and then moved back in. She thought by the first movement that there was sufficient room for her but when he moved back in she had to go over some pylons.

Submissions for Penalty:

Mr Muirhead said that the JCA Guidelines provide for a starting point penalty of a fine of $200.00 or suspension of Licence for 4 drives.

He said that the mitigating factors that the Committee should take into account are that Miss Fensom has a very good record, she is a Junior Driver, has admitted the breach and the incident is low level in terms of seriousness. She also did not gain an advantage as far as the Stewards are concerned.

Miss Fensom said she would prefer a fine because it is hard to get drives.

Reasons for Penalty:

The Committee reviewed the films and gives Miss Fensom credit for all of the mitigating factors referred to by Mr Muirhead.

We believe that the incident is at the very low level and that Miss Fensom was not helped by the movement at the time of the leader THE CEO.  We consider that a fine of $150.00 would be appropriate.

The Committee did explain to Miss Fensom the purpose of the Rule.

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: 5aa2b0e164e202ac0dd03c15f35f6e32


informantnumber: A9142


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Driving sulky inside pylons


plea: admitted


penaltyrequired: 1


decisiondate: 21/12/2017


hearing_title: Auckland TC 16 December 2017 - R 5 - Chair, Mr B J Scott


charge:


facts:

Following the running of the YHI MOBILE PACE an Information was lodged by Stipendiary Steward Mr JM Muirhead against Junior Driver Miss T Fensom  alleging that Miss Fensom when driving KAITLYN failed to ensure that her sulky did not protrude inside the marker line when attempting an inside run near the 250 metres.

Rule 869 (7A)(b) provides: that a driver shall in any race not allow his/her sulky to protrude inside the marker line.

Miss Fensom was present at the Hearing and confirmed that she understood the Rule and she admitted the breach. She was supported by Mr Rhys Fensom.

Mr Muirhead demonstrated the incident by use of the race films and showed where prior to the home turn Miss Fensom's horse was in the trail and was full of running. She was looking to improve and the leader was weakening. Miss Fensom then improved on the inside of the leader but there was insufficient room and her inside sulky wheel went over 3 to 4 pylons. Mr Muirhead said that the Stewards did not believe that she gained an advantage by her action.

Miss Fensom said that the leader THE CEO moved out a bit and then moved back in. She thought by the first movement that there was sufficient room for her but when he moved back in she had to go over some pylons.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

The breach is admitted and therefore the charge is upheld.


sumissionsforpenalty:

Mr Muirhead said that the JCA Guidelines provide for a starting point penalty of a fine of $200.00 or suspension of Licence for 4 drives.

He said that the mitigating factors that the Committee should take into account are that Miss Fensom has a very good record, she is a Junior Driver, has admitted the breach and the incident is low level in terms of seriousness. She also did not gain an advantage as far as the Stewards are concerned.

Miss Fensom said she would prefer a fine because it is hard to get drives.


reasonsforpenalty:

The Committee reviewed the films and gives Miss Fensom credit for all of the mitigating factors referred to by Mr Muirhead.

We believe that the incident is at the very low level and that Miss Fensom was not helped by the movement at the time of the leader THE CEO.  We consider that a fine of $150.00 would be appropriate.

The Committee did explain to Miss Fensom the purpose of the Rule.


penalty:

This Committee imposes a fine of $150.00 on Miss Fensom.


hearing_type: Hearing


Rules: Rule 869(7A)(b)


Informant: Mr J M Muirhead - Stipendiary Steward


JockeysandTrainer: Miss T Fensom - Junior Driver


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 732eb48717d56ef648e188c402bb201e


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R5


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 64e2e24ffd47f9dc3143c4b071fced1e


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 16/12/2017


meet_title: Auckland TC - 16 December 2017


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: auckland-tc


meet_racingtype: harness-racing


meet_chair: BScott


meet_pm1: AGodsalve


meet_pm2: none


name: Auckland TC