Archive Decision

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Cambridge-Te Awamutu 13 January 2012 – R 5

ID: JCA14755

Applicant:
Mr TW Taumanu - Stipendiary Steward

Respondent(s):
Mrs LM Neal - Licensed Driver

Information Number:
69008

Hearing Type:
Hearing

Rules:
Rule 869(3)(b)

Plea:
admitted

Meet Title:
Cambridge - Te Awamutu HRC - 13 January 2012

Meet Chair:
BScott

Meet Committee Member 1:
AGodsalve

Race Date:
2012/01/13

Race Number:
R5

Decision:

The charge having been admitted is accordingly proved.

Penalty:

The Committee orders that Mrs Neal's Drivers Licence is suspended from the conclusion of racing today up to and including the 3rd of February 2012.

Charge:

Breach of Rule 869(3)(b)  Careless Driving.

Facts:

An Information was lodged by Stipendiary Steward Mr TW Taumanu against Licensed Driver Mrs LM Neal alleging that Mrs Neal drove REGAL ENCOUNTER carelessly causing interference to MILLIONAIRE (Driver M Purdon) with approximately 50 metres to run when she improved her horse outwards when there was insufficient room.

Mrs Neal was present and she advised the Committee that she admitted the breach.

Mr Taumanu and Mrs Neal both agreed that the evidence given at the Protest Hearing into Race 5 could be used for this Hearing.

Submissions for Penalty:

Mr Taumanu advised the Committee that the JCA Guidelines provided for a $600.00 fine and/or a suspension of Licence for careless Driving which results in a relegation.

He said that Mrs Neal's actions were at the upper end of the scale and that the interference had caused Mr Purdon's horse to lose its chance. He further said that the Stewards were looking for a suspension of Mrs Neal's Drivers Licence.

Mrs Neal pointed to the mitigating factors in that she has admitted the breach, her driving record is good and also that in her view Messrs Ferguson and Herlihy had not helped by moving in. She said that she preferred a suspension of her Licence rather than a fine.

Reasons for Penalty:

In reaching a decision as to penalty the Committee needs to firmly state that we do not believe that Mr Purdon's chances were affected by the interference and in fact at the Protest Hearing Mr Purdon said that he was battling for 5th position. The affect on Mr Purdon's chances was not the basis for our decision in the Protest Hearing.

The incident was however quite clear and Mrs Neal has caused a relegation (albeit of her own horse) as a result of her actions.

She has admitted the breach but in reality had no option but to do so but she does have a good driving record although she does not drive very often.

The Committee proposes to deal with this matter by suspension of Mrs Neal's Drivers Licence.

Mrs Neal does not have any notified driving engagements.

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: 77f8bbc140313becbe96c7b9f97f3908


informantnumber: 69008


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 19/01/2012


hearing_title: Cambridge-Te Awamutu 13 January 2012 - R 5


charge:

Breach of Rule 869(3)(b)  Careless Driving.


facts:

An Information was lodged by Stipendiary Steward Mr TW Taumanu against Licensed Driver Mrs LM Neal alleging that Mrs Neal drove REGAL ENCOUNTER carelessly causing interference to MILLIONAIRE (Driver M Purdon) with approximately 50 metres to run when she improved her horse outwards when there was insufficient room.

Mrs Neal was present and she advised the Committee that she admitted the breach.

Mr Taumanu and Mrs Neal both agreed that the evidence given at the Protest Hearing into Race 5 could be used for this Hearing.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

The charge having been admitted is accordingly proved.


sumissionsforpenalty:

Mr Taumanu advised the Committee that the JCA Guidelines provided for a $600.00 fine and/or a suspension of Licence for careless Driving which results in a relegation.

He said that Mrs Neal's actions were at the upper end of the scale and that the interference had caused Mr Purdon's horse to lose its chance. He further said that the Stewards were looking for a suspension of Mrs Neal's Drivers Licence.

Mrs Neal pointed to the mitigating factors in that she has admitted the breach, her driving record is good and also that in her view Messrs Ferguson and Herlihy had not helped by moving in. She said that she preferred a suspension of her Licence rather than a fine.


reasonsforpenalty:

In reaching a decision as to penalty the Committee needs to firmly state that we do not believe that Mr Purdon's chances were affected by the interference and in fact at the Protest Hearing Mr Purdon said that he was battling for 5th position. The affect on Mr Purdon's chances was not the basis for our decision in the Protest Hearing.

The incident was however quite clear and Mrs Neal has caused a relegation (albeit of her own horse) as a result of her actions.

She has admitted the breach but in reality had no option but to do so but she does have a good driving record although she does not drive very often.

The Committee proposes to deal with this matter by suspension of Mrs Neal's Drivers Licence.

Mrs Neal does not have any notified driving engagements.


penalty:

The Committee orders that Mrs Neal's Drivers Licence is suspended from the conclusion of racing today up to and including the 3rd of February 2012.


hearing_type: Hearing


Rules: Rule 869(3)(b)


Informant: Mr TW Taumanu - Stipendiary Steward


JockeysandTrainer: Mrs LM Neal - Licensed Driver


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 4fd5fd9762dc703fd31bda13268e0545


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R5


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 9d30529bb51c6ab216e86e680f5f312b


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 13/01/2012


meet_title: Cambridge - Te Awamutu HRC - 13 January 2012


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: cambridge-te-awamutu-hrc


meet_racingtype: harness-racing


meet_chair: BScott


meet_pm1: AGodsalve


meet_pm2: none


name: Cambridge - Te Awamutu HRC