Auckland TC 27 July 2012 – R 8
ID: JCA13853
Meet Title:
Auckland TC - 27 July 2012
Meet Chair:
GJones
Meet Committee Member 1:
ADooley
Race Date:
2012/07/27
Race Number:
R 8
Decision:
We find the breach proved.
Penalty:
We suspend Mr Howard’s horseman’s licence from the conclusion of racing on 27 July 2012 up to and including 14th September 2012 (7 days). This takes into account the number of meetings in the northern region and also the number of drives that Mr Howard is likely to have at those meetings.
Charge:
Careless Driving Rule.
Facts:
Following the running of Race 8, an Information was filed by Stipendiary Steward Mr J Muirhead against Open Horseman Mr M Howard, the driver of horse number 1, Belle De Jour, alleging a breach of Rule 869(3) (b), the Careless Driving Rule.
The Information alleged that:
“Horseman M Howard driving Belle De Jour allowed his horse to shift inwards tightening Eagle Eyes (G Wolfenden) and Tick the Boxes (Z Butcher) for racing room with approximately 130m to run”.
Rule 869(3) (b) provides that:
“No horseman in any race shall drive carelessly”.
Initially Mr Howard endorsed the information “I wish to be present”. However he later advised the Registrar that due to one of his horses becoming unsettled he was not able to attend the hearing and left the race course (at 10.40 pm).
Submissions for Decision:
Mr Muirhead demonstrated the incident to the Judicial Committee (the “Committee”) by way of video footage. He said that racing was tight in the final 200 metres and Belle De Jour was seeking to improve inwards and checked Eagle Eye who then impeded Tick the Boxes.
Mr Muirhead further stated that Mr Howard elected to move inwards when there was insufficient room to do so.
Reasons for Decision:
Mr Howard admitted the breach.
Submissions for Penalty:
Mr Muirhead referred to the JCA Penalty Guidelines as a starting point. He told the Committee that Mr Howard is a southern driver who is currently based in the north managing Mr C Dalgety’s horses. He said that Mr Howard has a clear driving record and he should be given credit for admitting the breach at the first available opportunity.
Mr Muirhead advised the Committee that Mr Howard does not drive regularly and anticipated that he would only have one drive per meeting whilst based in the northern region.
Mr Howard endorsed the information “prefer 6 drive suspension rather than fine”.
Reasons for Penalty:
In assessing penalty we have taken into account the submissions of both the Informant and Defendant and we have also considered the Penalty Guidelines for Committees as well as recent penalties for similar breaches. The guidelines establish a starting point of 8 drives or $400 fine for a breach of this particular rule.
The Committee independently reviewed the circumstances of the breach and determined that Mr Howard’s carelessness was at least mid-range. We have noted Mr Howard’s good driving record and have given him credit for admitting the breach at first available opportunity. We have also noted that he does not drive regularly having only had three drives in the current racing season.
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: 777033b9916c8a05692e562c1b258a50
informantnumber: 5625
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 26/07/2012
hearing_title: Auckland TC 27 July 2012 - R 8
charge:
Careless Driving Rule.
facts:
Following the running of Race 8, an Information was filed by Stipendiary Steward Mr J Muirhead against Open Horseman Mr M Howard, the driver of horse number 1, Belle De Jour, alleging a breach of Rule 869(3) (b), the Careless Driving Rule.
The Information alleged that:
“Horseman M Howard driving Belle De Jour allowed his horse to shift inwards tightening Eagle Eyes (G Wolfenden) and Tick the Boxes (Z Butcher) for racing room with approximately 130m to run”.
Rule 869(3) (b) provides that:
“No horseman in any race shall drive carelessly”.
Initially Mr Howard endorsed the information “I wish to be present”. However he later advised the Registrar that due to one of his horses becoming unsettled he was not able to attend the hearing and left the race course (at 10.40 pm).
appealdecision:
isappeal:
submissionsfordecision:
Mr Muirhead demonstrated the incident to the Judicial Committee (the “Committee”) by way of video footage. He said that racing was tight in the final 200 metres and Belle De Jour was seeking to improve inwards and checked Eagle Eye who then impeded Tick the Boxes.
Mr Muirhead further stated that Mr Howard elected to move inwards when there was insufficient room to do so.
reasonsfordecision:
Mr Howard admitted the breach.
Decision:
We find the breach proved.
sumissionsforpenalty:
Mr Muirhead referred to the JCA Penalty Guidelines as a starting point. He told the Committee that Mr Howard is a southern driver who is currently based in the north managing Mr C Dalgety’s horses. He said that Mr Howard has a clear driving record and he should be given credit for admitting the breach at the first available opportunity.
Mr Muirhead advised the Committee that Mr Howard does not drive regularly and anticipated that he would only have one drive per meeting whilst based in the northern region.
Mr Howard endorsed the information “prefer 6 drive suspension rather than fine”.
reasonsforpenalty:
In assessing penalty we have taken into account the submissions of both the Informant and Defendant and we have also considered the Penalty Guidelines for Committees as well as recent penalties for similar breaches. The guidelines establish a starting point of 8 drives or $400 fine for a breach of this particular rule.
The Committee independently reviewed the circumstances of the breach and determined that Mr Howard’s carelessness was at least mid-range. We have noted Mr Howard’s good driving record and have given him credit for admitting the breach at first available opportunity. We have also noted that he does not drive regularly having only had three drives in the current racing season.
penalty:
We suspend Mr Howard’s horseman’s licence from the conclusion of racing on 27 July 2012 up to and including 14th September 2012 (7 days). This takes into account the number of meetings in the northern region and also the number of drives that Mr Howard is likely to have at those meetings.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr J Muirhead - Stipendiary Steward
JockeysandTrainer: Mr M Howard - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 91a2b93ae6cbdbeab24a89642fed4b78
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 826706bd4420a98a4c37b1abbc161e25
meet_expapproval: approved
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 27/07/2012
meet_title: Auckland TC - 27 July 2012
meet_expappcomment:
meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "GJones", "Member": "", "OtherExpenses": "0", "KMs": "26", "Total": "16.12", "kmprice": 16.120000000000001, "Approved": "on"}]
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: GJones
meet_pm1: ADooley
meet_pm2: none
name: Auckland TC