Banks Peninsula TC 17 February 2012 – R 7
ID: JCA15089
Meet Title:
Banks Peninsula TC - 17 February 2012
Meet Chair:
JPhelan
Meet Committee Member 1:
RMcKenzie
Race Date:
2012/02/17
Race Number:
R 7
Decision:
The charge was found to be proved.
Penalty:
On resuming the hearing we advised the parties of our reasons (see above) and that Mr O’Reilly was fined the sum of $400-00.
Charge:
Alleged breach of Rule 869(3)(b)
Facts:
Following the running of Race 7, the Walker Davey Ltd Motukarara Cup Handicap Pace, an Information was filed by Stipendiary Steward Mr S. W. Wallis alleging careless driving by Mr L. F. O’Reilly, the driver of “Meads Quaff” (4).
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 when shifting ground outwards near the 350m when driving Meads Quaff causing interference to Waipawa Junior (T. Williams) which fell.”
Rules 869(3)(b) reads as follows:
“(3) No horseman in any race shall drive:-
(b) carelessly..”
Mr O’Reilly had indicated on the Information that this breach of the Rules was admitted and he confirmed this at the hearing. Mr O’Reilly also agreed that he understood the charge and the Rule it was brought under.
Submissions for Decision:
There had previously been a protest hearing and it was agreed that the evidence given at that hearing would form the basis for this hearing. Mr Wallis ran through the video coverage again.
The basis of this charge was that Mr O’Reilly had moved outwards at about the 350 metre mark when he was not clear, and had caused interference to “Waipawa Junior” which fell, dislodging driver Mr T. M. Williams.
When asked Mr O’Reilly had nothing he wanted to say about the facts of the matter.
Reasons for Decision:
As Mr O’Reilly had admitted this breach of the Rules 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 O’Reilly had not previously breached this Rule, and had admitted it. Mr Wallis referred to the Penalty Guide and submitted that a fine of $400-00 would be an appropriate penalty in this case. Mr O’Reilly said that he would prefer a fine to a suspension but had no other submissions to make regarding penalty.
We adjourned to consider the matter of penalty.
Reasons for Penalty:
In relation to penalty we took into account that Mr O’Reilly, to his credit, had admitted the breach, and had a good record.
On the other hand, as aggravating factors, we took into account that Mr O’Reilly’s driving had resulted in his horse being disqualified, and had also caused a fall. As the chances of “Waipawa Junior” finishing in a stake or dividend bearing place were not affected by this incident, we did not consider the interference to that horse to be an aggravating factor.
We looked at the Penalty Guide and previous penalties imposed under this Rule. We were satisfied that the penalty submissions by the Stipendiary Stewards’ were very fair, and that Mr O’Reilly would be fined the sum of $400-00.
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: a4dbcc5519b8a41547753aadb6d355dc
informantnumber: A5605
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 14/02/2012
hearing_title: Banks Peninsula TC 17 February 2012 - R 7
charge:
Alleged breach of Rule 869(3)(b)
facts:
Following the running of Race 7, the Walker Davey Ltd Motukarara Cup Handicap Pace, an Information was filed by Stipendiary Steward Mr S. W. Wallis alleging careless driving by Mr L. F. O’Reilly, the driver of “Meads Quaff” (4).
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 when shifting ground outwards near the 350m when driving Meads Quaff causing interference to Waipawa Junior (T. Williams) which fell.”
Rules 869(3)(b) reads as follows:
“(3) No horseman in any race shall drive:-
(b) carelessly..”
Mr O’Reilly had indicated on the Information that this breach of the Rules was admitted and he confirmed this at the hearing. Mr O’Reilly also agreed that he understood the charge and the Rule it was brought under.
appealdecision:
isappeal:
submissionsfordecision:
There had previously been a protest hearing and it was agreed that the evidence given at that hearing would form the basis for this hearing. Mr Wallis ran through the video coverage again.
The basis of this charge was that Mr O’Reilly had moved outwards at about the 350 metre mark when he was not clear, and had caused interference to “Waipawa Junior” which fell, dislodging driver Mr T. M. Williams.
When asked Mr O’Reilly had nothing he wanted to say about the facts of the matter.
reasonsfordecision:
As Mr O’Reilly had admitted this breach of the Rules 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 O’Reilly had not previously breached this Rule, and had admitted it. Mr Wallis referred to the Penalty Guide and submitted that a fine of $400-00 would be an appropriate penalty in this case. Mr O’Reilly said that he would prefer a fine to a suspension but had no other submissions to make regarding penalty.
We adjourned to consider the matter of penalty.
reasonsforpenalty:
In relation to penalty we took into account that Mr O’Reilly, to his credit, had admitted the breach, and had a good record.
On the other hand, as aggravating factors, we took into account that Mr O’Reilly’s driving had resulted in his horse being disqualified, and had also caused a fall. As the chances of “Waipawa Junior” finishing in a stake or dividend bearing place were not affected by this incident, we did not consider the interference to that horse to be an aggravating factor.
We looked at the Penalty Guide and previous penalties imposed under this Rule. We were satisfied that the penalty submissions by the Stipendiary Stewards’ were very fair, and that Mr O’Reilly would be fined the sum of $400-00.
penalty:
On resuming the hearing we advised the parties of our reasons (see above) and that Mr O’Reilly was fined the sum of $400-00.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr S W Wallis - Stipendiary Steward
JockeysandTrainer: Mr L F O'Reilly - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 42e94e414b21580654c0dcb3b13e5f25
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: f06209090a40aff30c8000e3f0a4257e
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 17/02/2012
meet_title: Banks Peninsula TC - 17 February 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: banks-peninsula-tc
meet_racingtype: harness-racing
meet_chair: JPhelan
meet_pm1: RMcKenzie
meet_pm2: none
name: Banks Peninsula TC