Archive Decision

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Auckland TC 31 December 2012 – R 13

ID: JCA15137

Applicant:
Mr JM Muirhead - Stipendiary Steward

Respondent(s):
Mr JI Dickie - Junior Horseman

Other Person:
Mr AG Herlihy - Senior Horseman assisting Mr Dickie

Information Number:
A2373

Hearing Type:
Hearing

Rules:
Rule 869(3)(b)

Plea:
admitted

Meet Title:
Auckland TC - 31 December 2012

Meet Chair:
BScott

Meet Committee Member 1:
ADooley

Race Date:
2012/12/31

Race Number:
R13

Decision:

The charge is admitted and accordingly is upheld.

Penalty:

The Committee imposes a fine of $200.00 on Mr Dickie.

Charge:

Breach of Rule 869(3)(b)  Careless Driving

Facts:

An Information was lodged by Stipendiary Steward, Mr JM Muirhead, against Junior Horseman Mr JI Dickie alleging that Mr Dickie drove TORI MAGUIRE carelessly causing a check to SOFIA LOREN (Driver P Ferguson ) racing into the first bend.

Mr Dickie was present and was assisted by Senior Horseman Mr AG Herlihy. Mr Dickie admitted the breach.

Mr Muirhead demonstrated the incident by use of the video films. He showed that when racing into the first bend Mr Dickie was on the outside of Mr Ferguson's horse and he moved in and just clipped the legs of Mr Ferguson's horse and it broke for a few strides. He said it was not the worst kind of incident that he had seen and that Mr Ferguson's horse quickly got back into its correct gait. He also advised the Committee that Mr Ferguson had advised the Stewards that his chances had not been affected.

Mr Muirhead said that Mr Dickie had to make sure that there was enough room for the horse inside of him.

Mr Herlihy said that it was only a slight movement and that it was accidental. He also said that the difference in sulkies did not help.

Submissions for Penalty:

Mr Muirhead said that the JCA Guidelines provided for a starting point penalty of suspension of Licence for 8 drives or a fine of $400.00.

He said that this was not a major race and and the offence was at the lower end of the scale. He said Mr Dickie had been open and co-operative and had readily admitted the breach. He also said Mr Dickie was a busy horseman and he has a very good record.

Mr Herlihy said that Mr Dickie has not allowed for his sulky and that this was a minor incident. He pointed to Mr Dickie's record and that he is a Junior Horseman. He agreed that this was at the lower end of the scale.

Reasons for Penalty:

The incident is clearly shown in the films and the movement inwards from Mr Dickie was slight. The Committee agrees that this incident is at the lower end of the scale. Mr Dickie is a busy Junior Horseman with a very good record and this should be reflected in any penalty imposed.

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: 6eb720dd483c6204c9d383b31f768b76


informantnumber: A2373


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 18/12/2012


hearing_title: Auckland TC 31 December 2012 - R 13


charge:

Breach of Rule 869(3)(b)  Careless Driving


facts:

An Information was lodged by Stipendiary Steward, Mr JM Muirhead, against Junior Horseman Mr JI Dickie alleging that Mr Dickie drove TORI MAGUIRE carelessly causing a check to SOFIA LOREN (Driver P Ferguson ) racing into the first bend.

Mr Dickie was present and was assisted by Senior Horseman Mr AG Herlihy. Mr Dickie admitted the breach.

Mr Muirhead demonstrated the incident by use of the video films. He showed that when racing into the first bend Mr Dickie was on the outside of Mr Ferguson's horse and he moved in and just clipped the legs of Mr Ferguson's horse and it broke for a few strides. He said it was not the worst kind of incident that he had seen and that Mr Ferguson's horse quickly got back into its correct gait. He also advised the Committee that Mr Ferguson had advised the Stewards that his chances had not been affected.

Mr Muirhead said that Mr Dickie had to make sure that there was enough room for the horse inside of him.

Mr Herlihy said that it was only a slight movement and that it was accidental. He also said that the difference in sulkies did not help.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

The charge is admitted and accordingly is upheld.


sumissionsforpenalty:

Mr Muirhead said that the JCA Guidelines provided for a starting point penalty of suspension of Licence for 8 drives or a fine of $400.00.

He said that this was not a major race and and the offence was at the lower end of the scale. He said Mr Dickie had been open and co-operative and had readily admitted the breach. He also said Mr Dickie was a busy horseman and he has a very good record.

Mr Herlihy said that Mr Dickie has not allowed for his sulky and that this was a minor incident. He pointed to Mr Dickie's record and that he is a Junior Horseman. He agreed that this was at the lower end of the scale.


reasonsforpenalty:

The incident is clearly shown in the films and the movement inwards from Mr Dickie was slight. The Committee agrees that this incident is at the lower end of the scale. Mr Dickie is a busy Junior Horseman with a very good record and this should be reflected in any penalty imposed.


penalty:

The Committee imposes a fine of $200.00 on Mr Dickie.


hearing_type: Hearing


Rules: Rule 869(3)(b)


Informant: Mr JM Muirhead - Stipendiary Steward


JockeysandTrainer: Mr JI Dickie - Junior Horseman


Otherperson: Mr AG Herlihy - Senior Horseman assisting Mr Dickie


PersonPresent:


Respondent:


StipendSteward:


raceid: 426c19efbf6de588d47b481323dacf59


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R13


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: a5d1075c26b34d3017d98faa9acaf272


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 31/12/2012


meet_title: Auckland TC - 31 December 2012


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: auckland-tc


meet_racingtype: harness-racing


meet_chair: BScott


meet_pm1: ADooley


meet_pm2: none


name: Auckland TC