Auckland TC 31 December 2013 – R 7
ID: JCA15293
Meet Title:
Auckland TC - 31 December 2013
Meet Chair:
BScott
Meet Committee Member 1:
GJones
Meet Committee Member 2:
DJackson
Race Date:
2013/12/31
Race Number:
R7
Decision:
The charge is admitted and is accordingly upheld.
Penalty:
The Committee fines Mr Downey $700.00.
Facts:
Following the running of the ALABAR SIRES STAKES CHAMPS FINAL MOBILE PACE an Information was lodged by Stipendiary Steward, Mr JM Muirhead against Open Horseman, Mr R Downey alleging that Mr Downey drove LINCOLNS MEGASTAR carelessly causing interference to IDEAL BELLE (Driver AG Herlihy) racing into the first bend.
Mr Downey was present and he advised the Committee that he admitted the charge. He also acknowledged that he understood the Rule.
Mr Muirhead demonstrated the incident by use of the race films. These showed LINCOLNS MEGASTAR on the outside of IDEAL BELLE racing into the first bend. Mr Downey was trying to reach the lead and in doing so moved his horse inwards and it forced IDEAL BELLE over 2 pylons and that caused it to break and lose several lengths. This affected its chances.
Mr Downey said that he reacted too late when taking corrective action.
Submissions for Penalty:
Mr Muirhead referred to the JCA Guidelines which provide for a starting point penalty for careless driving in a major race of suspension of Licence for 30 Drives or a fine of $1500.00.
He said that in mitigation Mr Downey does not have any careless driving charges on his record. He also said that he admitted the breach and he has been co-operative with the Stewards.
He said that it was a major rRace at a Premier Meeting and that the Committee needs to apply the provisions of Rule 1114(2).
He submitted that a fine in the range of $500.00 to $750.00 would be appropriate.
Mr Downey said that the range of fine submitted by Mr Muirhead sounded fair.
Reasons for Penalty:
The Committee viewed the films of the incident and these showed the incident very clearly. They also showed that there was no corrective action by Mr Downey and that he clearly forced IDEAL BELLE over the pylons and this caused it to break. This has affected its chances in a major race and in turn this has affected its owners and supporters.
Mr Downey has admitted the breach but on the basis of the race film evidence alone he had no other option. We will however give him some credit for his admission and also for his good record and his co-operation with the Stewards.
We have checked previous penaties under this Rule and we have taken into account the status of the race and the raceday.
In our opinion this incident is above mid-range of the level of seriousness and whilst we will deal with it by way of a fine it will be in the upper range of fines submitted by Mr Muirhead.
Decision Date: 06/01/2014
Publish Date: 06/01/2014
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: 7fc27f1572485489f4a936d3685d8ee9
informantnumber: A3837
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of Rule 869(3)(b) - Careless Driving
plea: admitted
penaltyrequired: 1
decisiondate: 06/01/2014
hearing_title: Auckland TC 31 December 2013 - R 7
charge:
facts:
Following the running of the ALABAR SIRES STAKES CHAMPS FINAL MOBILE PACE an Information was lodged by Stipendiary Steward, Mr JM Muirhead against Open Horseman, Mr R Downey alleging that Mr Downey drove LINCOLNS MEGASTAR carelessly causing interference to IDEAL BELLE (Driver AG Herlihy) racing into the first bend.
Mr Downey was present and he advised the Committee that he admitted the charge. He also acknowledged that he understood the Rule.
Mr Muirhead demonstrated the incident by use of the race films. These showed LINCOLNS MEGASTAR on the outside of IDEAL BELLE racing into the first bend. Mr Downey was trying to reach the lead and in doing so moved his horse inwards and it forced IDEAL BELLE over 2 pylons and that caused it to break and lose several lengths. This affected its chances.
Mr Downey said that he reacted too late when taking corrective action.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The charge is admitted and is accordingly upheld.
sumissionsforpenalty:
Mr Muirhead referred to the JCA Guidelines which provide for a starting point penalty for careless driving in a major race of suspension of Licence for 30 Drives or a fine of $1500.00.
He said that in mitigation Mr Downey does not have any careless driving charges on his record. He also said that he admitted the breach and he has been co-operative with the Stewards.
He said that it was a major rRace at a Premier Meeting and that the Committee needs to apply the provisions of Rule 1114(2).
He submitted that a fine in the range of $500.00 to $750.00 would be appropriate.
Mr Downey said that the range of fine submitted by Mr Muirhead sounded fair.
reasonsforpenalty:
The Committee viewed the films of the incident and these showed the incident very clearly. They also showed that there was no corrective action by Mr Downey and that he clearly forced IDEAL BELLE over the pylons and this caused it to break. This has affected its chances in a major race and in turn this has affected its owners and supporters.
Mr Downey has admitted the breach but on the basis of the race film evidence alone he had no other option. We will however give him some credit for his admission and also for his good record and his co-operation with the Stewards.
We have checked previous penaties under this Rule and we have taken into account the status of the race and the raceday.
In our opinion this incident is above mid-range of the level of seriousness and whilst we will deal with it by way of a fine it will be in the upper range of fines submitted by Mr Muirhead.
penalty:
The Committee fines Mr Downey $700.00.
hearing_type: Hearing
Rules: Rule 869(3)(b)
Informant: Mr JM Muirhead - Stipendiary Steward
JockeysandTrainer: Mr R Downey - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 3eb4fa887d70d19772c426de5751d187
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: fb6065a32f6ec1c76eaa3641a23b88d0
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 31/12/2013
meet_title: Auckland TC - 31 December 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: BScott
meet_pm1: GJones
meet_pm2: DJackson
name: Auckland TC