Banks Peninsula TC 14 April 2013 – R 11
ID: JCA16053
Meet Title:
Banks Peninsula TC - 14 April 2013
Meet Chair:
JPhelan
Meet Committee Member 1:
KHales
Race Date:
2013/04/14
Race Number:
R 3
Decision:
The charge was found to be proved.
Penalty:
We advised the parties of our reasons (see above) and that Mr Close was fined the sum of $200-00.
Charge:
Alleged careless driving
Facts:
Following the running of Race 11, the Trevinos Restaurant & Bar Pace, an Information was filed by Stipendiary Steward Mr S. W. Wallis alleging careless driving by Mr R. D. Close, the driver of “Harvest Boy” (6).
The charge reads as follows:
“I the above named informant allege that the above named Respondent committed a breach of Rule 869(3)(b) (in that) you drove carelessly over the concluding stages by allowing your horse to shift outwards causing Gliding Charm to be checked and lock wheels with Smokin Chick.”
Rules 869(3)(b) reads as follows:
“(3) No horseman in any race shall drive:-
(b) carelessly..”
Mr Close had indicated on the Information that this breach of the Rules was admitted and he confirmed this at the hearing. Mr Close also agreed that he understood the charge and the Rule it was brought under. Mr Close is a Junior Horseman and he was assisted at this hearing by Open Horseman Mr M. P. Jones.
Submissions for Decision:
Mr Wallis gave evidence and used video coverage to show that about 150 metres from the finish Mr Close was in close quarters and urging his horse forward. In doing so he allowed his horse to move outwards and as a result it moved into the line of “Gliding Charm” causing a check to that horse which locked wheels with “Smokin Chick”, which was on the outside of “Gliding Charm”.
Mr Close did not dispute the basic facts of this incident.
Reasons for Decision:
As Mr Close had admitted this breach it was found to be proved in accordance with Rule 1111(1)(d).
Submissions for Penalty:
In relation to penalty Mr Wallis advised that Mr Close had not previously breached this Rule and had admitted the breach. Mr Wallis assessed the seriousness as being very much at the lower end of the scale of seriousness. We were also advised that Mr Close is a busy Junior Horseman having had 191 drives last season and 182 drives so far this season.
Mr Wallis submitted that a fine of $200-00 would be appropriate in this case.
Mr Close had no submissions to make in relation to penalty.
Reasons for Penalty:
In relation to penalty we took into account Mr Close's excellent record in relation to the number of drives he has, his admission of the breach, and Mr Wallis’ assessment that the breach was not serious. Taking all these matters into account we decided that a $200-00 fine would be imposed 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: b4572c46168873a372b64a3cb4de7e81
informantnumber: A1872
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 01/04/2013
hearing_title: Banks Peninsula TC 14 April 2013 - R 11
charge:
Alleged careless driving
facts:
Following the running of Race 11, the Trevinos Restaurant & Bar Pace, an Information was filed by Stipendiary Steward Mr S. W. Wallis alleging careless driving by Mr R. D. Close, the driver of “Harvest Boy” (6).
The charge reads as follows:
“I the above named informant allege that the above named Respondent committed a breach of Rule 869(3)(b) (in that) you drove carelessly over the concluding stages by allowing your horse to shift outwards causing Gliding Charm to be checked and lock wheels with Smokin Chick.”
Rules 869(3)(b) reads as follows:
“(3) No horseman in any race shall drive:-
(b) carelessly..”
Mr Close had indicated on the Information that this breach of the Rules was admitted and he confirmed this at the hearing. Mr Close also agreed that he understood the charge and the Rule it was brought under. Mr Close is a Junior Horseman and he was assisted at this hearing by Open Horseman Mr M. P. Jones.
appealdecision:
isappeal:
submissionsfordecision:
Mr Wallis gave evidence and used video coverage to show that about 150 metres from the finish Mr Close was in close quarters and urging his horse forward. In doing so he allowed his horse to move outwards and as a result it moved into the line of “Gliding Charm” causing a check to that horse which locked wheels with “Smokin Chick”, which was on the outside of “Gliding Charm”.
Mr Close did not dispute the basic facts of this incident.
reasonsfordecision:
As Mr Close had admitted this breach it was found to be proved in accordance with Rule 1111(1)(d).
Decision:
The charge was found to be proved.
sumissionsforpenalty:
In relation to penalty Mr Wallis advised that Mr Close had not previously breached this Rule and had admitted the breach. Mr Wallis assessed the seriousness as being very much at the lower end of the scale of seriousness. We were also advised that Mr Close is a busy Junior Horseman having had 191 drives last season and 182 drives so far this season.
Mr Wallis submitted that a fine of $200-00 would be appropriate in this case.
Mr Close had no submissions to make in relation to penalty.
reasonsforpenalty:
In relation to penalty we took into account Mr Close's excellent record in relation to the number of drives he has, his admission of the breach, and Mr Wallis’ assessment that the breach was not serious. Taking all these matters into account we decided that a $200-00 fine would be imposed in this case.
penalty:
We advised the parties of our reasons (see above) and that Mr Close was fined the sum of $200-00.
hearing_type: Hearing
Rules: Rule 869(3)(b)
Informant: Mr S. W. Wallis - Stipendiary Steward
JockeysandTrainer: Mr R. D. Close - Junior Horseman
Otherperson: Mr M. P. Jones - Open Horseman - assisting Mr Close
PersonPresent:
Respondent:
StipendSteward:
raceid: b7126987cd33f96db739e16fc7d3c348
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: fc3202176b6a3254972b940a1af0cce8
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 14/04/2013
meet_title: Banks Peninsula TC - 14 April 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: banks-peninsula-tc
meet_racingtype: harness-racing
meet_chair: JPhelan
meet_pm1: KHales
meet_pm2: none
name: Banks Peninsula TC