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CAMBRIDGE TE-AWAMUTU HRC 26 JULY 2012 – R 2

ID: JCA11338

Applicant:
Mr S W Wallis - Stipendiary Steward

Respondent(s):
Ms N Chilcott - Driver of ROSIE BROGDEN

Other Person:
Mr N G McIntyre - Stipendiary Steward

Information Number:
A5621

Hearing Type:
Hearing

Rules:
Rule 869(3)(b)

Plea:
admitted

Meet Title:
Cambridge HRC - 26 July 2012

Meet Chair:
BScott

Meet Committee Member 1:
ADooley

Race Date:
2012/07/26

Race Number:
R2

Decision:

The charge is admitted and accordingly is proved.

Penalty:

This Committee orders that Ms Chilcott is to pay a fine of $300.00.

Charge:

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

Facts:

An Information was lodged by Stipendiary Steward Mr SW Wallis against Driver Ms N Chilcott alleging that Ms Chilcott drove carelessly when driving ROSIE BROGDEN near the 750 metres mark and shifting ground inwards when not clear checking CAPTIVATING (Driver J Stormont) which broke and as a result inconvenienced WAINGARO EMPEROR (Driver T Fensom) and BEAMING JAY (Driver T MacFarlane).

Ms Chilcott admitted the breach and endorsed the Information with the words  "I do not wish to be present".

Stipendiary Steward Mr NG McIntyre on behalf of Mr Wallis demonstrated the incident by use of the video films. These showed Ms Chilcott  moving her horse around the field 3 wide prior to the 750 metres mark. She then moved in to a 2 wide position and when she did CAPTIVATING broke and there was resultant interference to WAINGARO EMPEROR and BEAMING JAY.

Submissions for Penalty:

Mr Wallis said that Ms Chilcott's horse was hanging in prior to the incident and this may have contributed to the incident although when questioned by the Committee he acknowledged that a Driver of Ms Chilcott's experience should have taken more care in the circumstances. He also advised that Ms Chilcott had one prior breach of this Rule in March of this year. He said that Ms Chilcott had had over 400 drives this season so her record was good.

He submitted that the incident was at the lower end of the scale of seriousness.

Mr Wallis submitted that a fine of $250 to $300 was appropriate.

Reasons for Penalty:

The films clearly show the incident. Ms Chilcott's horse was hanging in and this may have been a contributing factor although a Driver of Ms Chilcott's experience should have perhaps taken more care in the circumstances.

Ms Chilcott has admitted the breach and in reality she had no other option. We do however give her credit for her admission and her record.

We are concerned however that 3 other horses were affected by Ms Chilcott's actions at an important part of the Race.

The starting point penalty in the JCA Guidelines is a $400.00 fine or a 2 week suspension of Licence.

We will deal with this matter by way of a fine and we think that after taking the above submissions into account that a fine of $300.00 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: 169348f92d6dab35eab0a190c4d10749


informantnumber: A5621


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 26/07/2012


hearing_title: CAMBRIDGE TE-AWAMUTU HRC 26 JULY 2012 - R 2


charge:

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


facts:

An Information was lodged by Stipendiary Steward Mr SW Wallis against Driver Ms N Chilcott alleging that Ms Chilcott drove carelessly when driving ROSIE BROGDEN near the 750 metres mark and shifting ground inwards when not clear checking CAPTIVATING (Driver J Stormont) which broke and as a result inconvenienced WAINGARO EMPEROR (Driver T Fensom) and BEAMING JAY (Driver T MacFarlane).

Ms Chilcott admitted the breach and endorsed the Information with the words  "I do not wish to be present".

Stipendiary Steward Mr NG McIntyre on behalf of Mr Wallis demonstrated the incident by use of the video films. These showed Ms Chilcott  moving her horse around the field 3 wide prior to the 750 metres mark. She then moved in to a 2 wide position and when she did CAPTIVATING broke and there was resultant interference to WAINGARO EMPEROR and BEAMING JAY.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

The charge is admitted and accordingly is proved.


sumissionsforpenalty:

Mr Wallis said that Ms Chilcott's horse was hanging in prior to the incident and this may have contributed to the incident although when questioned by the Committee he acknowledged that a Driver of Ms Chilcott's experience should have taken more care in the circumstances. He also advised that Ms Chilcott had one prior breach of this Rule in March of this year. He said that Ms Chilcott had had over 400 drives this season so her record was good.

He submitted that the incident was at the lower end of the scale of seriousness.

Mr Wallis submitted that a fine of $250 to $300 was appropriate.


reasonsforpenalty:

The films clearly show the incident. Ms Chilcott's horse was hanging in and this may have been a contributing factor although a Driver of Ms Chilcott's experience should have perhaps taken more care in the circumstances.

Ms Chilcott has admitted the breach and in reality she had no other option. We do however give her credit for her admission and her record.

We are concerned however that 3 other horses were affected by Ms Chilcott's actions at an important part of the Race.

The starting point penalty in the JCA Guidelines is a $400.00 fine or a 2 week suspension of Licence.

We will deal with this matter by way of a fine and we think that after taking the above submissions into account that a fine of $300.00 is appropriate.


penalty:

This Committee orders that Ms Chilcott is to pay a fine of $300.00.


hearing_type: Hearing


Rules: Rule 869(3)(b)


Informant: Mr S W Wallis - Stipendiary Steward


JockeysandTrainer: Ms N Chilcott - Driver of ROSIE BROGDEN


Otherperson: Mr N G McIntyre - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: f8ed4e4cb74b8bdf5976d2eaa599f025


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R2


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 31bfab9c7d6ba492a90882bbbc669ffb


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 26/07/2012


meet_title: Cambridge HRC - 26 July 2012


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: cambridge-hrc


meet_racingtype: harness-racing


meet_chair: BScott


meet_pm1: ADooley


meet_pm2: none


name: Cambridge HRC