Banks Peninsula TC 26 November 2017 – R 4 – Chair, Mr R McKenzie
ID: JCA15317
Meet Title:
Banks Peninsula TC - 26 November 2017
Meet Chair:
RMcKenzie
Meet Committee Member 1:
DAnderson
Race Date:
2017/11/26
Race Number:
R4
Decision:
Mr Ford having admitted the breach, the charge was found proved.
Penalty:
Mr Ford was fined the sum of $250.
Facts:
Following the running of Race 4, Stallions Australasia Trot, an information was filed by Stipendiary Steward, Mr S W Wallis, against Licensed Graduation Driver, Mr J R Ford, alleging that, as the driver of TIME FOR DIAMONDS in the race, “he drove carelessly near the 700 metres when allowing his horse to strike the sulky wheel of SEA ROVER causing it [his own horse] to break.”
Mr Ford was present at the hearing of the information and he indicated that he admitted the breach.
Rule 869 provides as follows:
(3) No horseman in any race shall drive:-
(b) carelessly
Mr Wallis showed the available video replays of the incident with approximately 700 metres to run. He pointed out TIME FOR DIAMONDS, driven by Mr Ford, racing one off the fence and towards the rear of the field, following SEA ROVER (T M McMillan). He then pointed out SEA ROVER improve out into the 3-wide line to get onto the back of TROY CASTLETON. Mr Ford attempted to take up the position vacated by SEA ROVER but, in doing so, his horse contacted the sulky wheel of SEA ROVER and, as a result, it broke and lost its chance.
Mr Ford submitted that, just prior to his horse contacting the wheel, SEA ROVER had been eased slightly and come back on him. He admitted that contact had been made. It was just “bad luck”, he said.
Submissions for Penalty:
Mr Wallis informed the Committee that Mr Ford has been driving since last season, in which he had 20 drives. In the current season, to date, he has had 7 drives. He has a clear record under the Rule. Mr Wallis referred to the starting point of a $300 fine or a 6-drives’ suspension. Mr Ford told the Committee that he would prefer a fine to a suspension.
Mr Wallis submitted that a fine of $250 was appropriate having regard to that starting point, and the mitigating factors of Mr Ford’s admission of the breach and his good record.
Reasons for Penalty:
In determining penalty, the Committee had regard to the starting point for penalty as provided in the Penalty Guide – a $300 fine. Mr Ford was entitled to a discount for his admission of the breach and his previously unblemished record. We fixed that discount at $50. The breach was no worse than mid-range and there were no aggravating factors.
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: 83825c16344965c36748dd0d1c15bf5d
informantnumber: A09597
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: admitted
penaltyrequired: 1
decisiondate: 28/11/2017
hearing_title: Banks Peninsula TC 26 November 2017 - R 4 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 4, Stallions Australasia Trot, an information was filed by Stipendiary Steward, Mr S W Wallis, against Licensed Graduation Driver, Mr J R Ford, alleging that, as the driver of TIME FOR DIAMONDS in the race, “he drove carelessly near the 700 metres when allowing his horse to strike the sulky wheel of SEA ROVER causing it [his own horse] to break.”
Mr Ford was present at the hearing of the information and he indicated that he admitted the breach.
Rule 869 provides as follows:
(3) No horseman in any race shall drive:-
(b) carelessly
Mr Wallis showed the available video replays of the incident with approximately 700 metres to run. He pointed out TIME FOR DIAMONDS, driven by Mr Ford, racing one off the fence and towards the rear of the field, following SEA ROVER (T M McMillan). He then pointed out SEA ROVER improve out into the 3-wide line to get onto the back of TROY CASTLETON. Mr Ford attempted to take up the position vacated by SEA ROVER but, in doing so, his horse contacted the sulky wheel of SEA ROVER and, as a result, it broke and lost its chance.
Mr Ford submitted that, just prior to his horse contacting the wheel, SEA ROVER had been eased slightly and come back on him. He admitted that contact had been made. It was just “bad luck”, he said.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Ford having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Wallis informed the Committee that Mr Ford has been driving since last season, in which he had 20 drives. In the current season, to date, he has had 7 drives. He has a clear record under the Rule. Mr Wallis referred to the starting point of a $300 fine or a 6-drives’ suspension. Mr Ford told the Committee that he would prefer a fine to a suspension.
Mr Wallis submitted that a fine of $250 was appropriate having regard to that starting point, and the mitigating factors of Mr Ford’s admission of the breach and his good record.
reasonsforpenalty:
In determining penalty, the Committee had regard to the starting point for penalty as provided in the Penalty Guide – a $300 fine. Mr Ford was entitled to a discount for his admission of the breach and his previously unblemished record. We fixed that discount at $50. The breach was no worse than mid-range and there were no aggravating factors.
penalty:
Mr Ford was fined the sum of $250.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: S W Wallis, Stipendiary Steward
JockeysandTrainer: J R Ford, Licensed Graduation Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 0b1c0806e7f955498c70e6ea8ff95456
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 71c5f9ecd717968c97182b5ecfb457b2
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 26/11/2017
meet_title: Banks Peninsula TC - 26 November 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: banks-peninsula-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: DAnderson
meet_pm2: none
name: Banks Peninsula TC