Bay of Plenty HRC 20 October 2011 – R 6
ID: JCA17321
Meet Title:
Bay of Plenty HRC - 20 October 2011
Meet Chair:
BScott
Meet Committee Member 1:
ADooley
Race Date:
2011/10/20
Race Number:
R 6
Decision:
The Committee finds that the charge having been admitted is proved.
Penalty:
The Committee accordingly impose a fine of $250.00 on Mr Stormont.
Charge:
Careless driving.
Facts:
An Information was lodged by Stipendiary Stewart Mr TW Taumanu against Mr JP Stormont the Driver of FIREINTHEHOLE alleging that Mr Stormont drove carelessly when he attempted to improve his horse outwards with approximately 600 metres to run resulting in his horse striking the sulky of GREG BRYDON and causing it to break.
Mr Stormont was present at the Hearing and he advised this Committee that he did admit the breach.
Rule 869(3)(b) provides:
“No Horseman in any race shall drive carelessly.”
The incident was demonstrated by use of the video films and Stipendiary Steward Mr JM Muirhead on behalf of Mr Taumanu pointed out the position of Mr Stormont’s horse and showed his manoeuvre and showed his horse breaking. He pointed out that Mr Stormont had no room to move into a gap that he was attempting to move into and as a result his horse broke.
Mr Stormont for his part acknowledged that there was insufficient room but he did say that when he started the manoeuvre he anticipated that the horse on the outside of him would move and give him room. He said that the horse outside him had started to move but that driver changed her mind and Mr Stormont acknowledged that he had made a mistake.
Submissions for Penalty:
Mr Muirhead submitted that the incident not only cost Mr Stormont’s horse some ground but may have cost it 3rd place. He pointed out that it finished 4th in any event.
He said that the new JCA Guidelines provide for a starting point penalty of either a $400.00 fine or suspension of licence for 8 drives.
He did however say that the seriousness of the offence was in the medium to low category and he also said that Mr Stormont did not have any Careless Driving Charges on his current record
Mr Stormont for his part said he realised he had made a mistake and that he had admitted it and he asked this Committee to take the mitigating factors into account when assessing penalty.
Reasons for Penalty:
In deciding penalty the Committee has taken into account the evidence before it which includes the video films which very clearly showed the incident.
Mr Stormont by his actions has really only caused problems for his horse. There was slight interference to a trailing horse but Mr Stormont’s horse was the one that broke.
Mr Stormont to his credit has admitted the breach and he has been quite open and frank before this Committee. He has a good record and the Committee finds that the incident is towards the lower end of the scale. It was an error of judgment on Mr Stormont’s part although he is an experienced horseman.
The Committee not only has the benefit of the JCA Penalty Guidelines but also the JCA Penalty Schedules.
The Committee has accordingly given Mr Stormont credit for the matters referred to above and believes that a fine of the order of $250.00 is appropriate.
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: f87cace9ff85865dcdbc963474285305
informantnumber: 69012
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 26/10/2011
hearing_title: Bay of Plenty HRC 20 October 2011 - R 6
charge:
Careless driving.
facts:
An Information was lodged by Stipendiary Stewart Mr TW Taumanu against Mr JP Stormont the Driver of FIREINTHEHOLE alleging that Mr Stormont drove carelessly when he attempted to improve his horse outwards with approximately 600 metres to run resulting in his horse striking the sulky of GREG BRYDON and causing it to break.
Mr Stormont was present at the Hearing and he advised this Committee that he did admit the breach.
Rule 869(3)(b) provides:
“No Horseman in any race shall drive carelessly.”
The incident was demonstrated by use of the video films and Stipendiary Steward Mr JM Muirhead on behalf of Mr Taumanu pointed out the position of Mr Stormont’s horse and showed his manoeuvre and showed his horse breaking. He pointed out that Mr Stormont had no room to move into a gap that he was attempting to move into and as a result his horse broke.
Mr Stormont for his part acknowledged that there was insufficient room but he did say that when he started the manoeuvre he anticipated that the horse on the outside of him would move and give him room. He said that the horse outside him had started to move but that driver changed her mind and Mr Stormont acknowledged that he had made a mistake.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The Committee finds that the charge having been admitted is proved.
sumissionsforpenalty:
Mr Muirhead submitted that the incident not only cost Mr Stormont’s horse some ground but may have cost it 3rd place. He pointed out that it finished 4th in any event.
He said that the new JCA Guidelines provide for a starting point penalty of either a $400.00 fine or suspension of licence for 8 drives.
He did however say that the seriousness of the offence was in the medium to low category and he also said that Mr Stormont did not have any Careless Driving Charges on his current record
Mr Stormont for his part said he realised he had made a mistake and that he had admitted it and he asked this Committee to take the mitigating factors into account when assessing penalty.
reasonsforpenalty:
In deciding penalty the Committee has taken into account the evidence before it which includes the video films which very clearly showed the incident.
Mr Stormont by his actions has really only caused problems for his horse. There was slight interference to a trailing horse but Mr Stormont’s horse was the one that broke.
Mr Stormont to his credit has admitted the breach and he has been quite open and frank before this Committee. He has a good record and the Committee finds that the incident is towards the lower end of the scale. It was an error of judgment on Mr Stormont’s part although he is an experienced horseman.
The Committee not only has the benefit of the JCA Penalty Guidelines but also the JCA Penalty Schedules.
The Committee has accordingly given Mr Stormont credit for the matters referred to above and believes that a fine of the order of $250.00 is appropriate.
penalty:
The Committee accordingly impose a fine of $250.00 on Mr Stormont.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr TW Taumanu - Stipendiary Steward
JockeysandTrainer: Mr JP Stormont - Licensed Open Horseman
Otherperson: Mr JM Muirhead - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 08a66e9cabb47e18c297aa116ba0c211
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 40d20a81634b5d9de078c9daa0834483
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 20/10/2011
meet_title: Bay of Plenty HRC - 20 October 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: bay-of-plenty-hrc
meet_racingtype: harness-racing
meet_chair: BScott
meet_pm1: ADooley
meet_pm2: none
name: Bay of Plenty HRC