Archive Decision

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Central Otago TC 2 January 2017 – R 3 – Chair, Mr P Knowles

ID: JCA17889

Applicant:
Mr L Tidmarsh - Stipendiary Steward, Mr N McIntyre - Chairman of Stewards

Respondent(s):
Mr R May - Open Horseman

Information Number:
A8562

Hearing Type:
Hearing

New Charge:
Careless Driving

Rules:
869(3)(b)

Plea:
denied

Meet Title:
Central Otago TC - 2 January 2017

Meet Chair:
PKnowles

Meet Committee Member 1:
GHall

Race Date:
2017/01/02

Race Number:
R7

Decision:

The charge is found proved.

Penalty:

Mr May is fined $350.

Facts:

Following the running of the GALLAGHER FAMILY GOLD CUP/MARIE MCNEILL/W.S.HICKEY & SON MOBILE PACE, Stewards lodged an information alleging “RT May drove carelessly when shifting ground outwards contacting the near hind leg of 'Galleons Pleasure' (M Jones) which broke near the 300 metres”.

Rule 869 (3) (b) reads:

               (3) No horseman in any race shall drive:-

Mr May appeared at the hearing and confirmed he did not admit the charge.

Mr McIntyre, with the assistance of the video replays, stated Mr May was at the rear of the field approaching the home straight. Mr May was observed to shift outwards to gain a run and in doing so his outside sulky wheel came into contact with the hind leg of Mr Jones’ horse 'Galleons Pleasure', causing that runner to break. He had spoken to Mr Jones who had confirmed the incident and had stated he had not seen Mr May shift outwards until too late. Had he seen him earlier the incident may have been avoided.

Submissions for Decision:

Mr May stated that Mr Jones’ horse had tired quickly, coming back on him as he shifted outwards. He did not think he had come out that quickly and that the video looked worse than what the incident was.

In summary Mr Tidmarsh stated that Mr May was careless in his actions when shifting 'Cindy Bromac' outwards and coming into contact with the hind leg of 'Galleons Pleasure'.

Mr May stated he felt he had shifted outwards slowly, it was not a sharp or abrupt movement, and that the tiring 'Galleons Pleasure' contributed to the incident.

Reasons for Decision:

After considering the evidence the committee is satisfied that Mr May was careless when shifting ground outwards. This led to contact between his sulky and the hind leg of 'Galleons Pleasure' causing it to break. The onus is always on the horseman shifting ground to keep clear of other runners. 

Submissions for Penalty:

Mr Tidmarsh submitted that Mr May was one of the busiest horsemen in the country. He had driven 284 times this season and 656 times last season. He had an excellent record under this rule with no charges in the previous 12 months. However, Mr May had caused interference to another runner and had chosen not to admit the charge. The JCA Penalty Guide recommended a fine of $500. He sought a fine of $300.

Mr May stated he was disappointed in the lapse of judgement on his part. He made no specific submission on penalty.

Reasons for Penalty:

We take a starting point of $500 as per the JCA Penalty Guide. The aggravating feature is that there was interference to another runner and we uplift the starting point by $50. Mr May’s driving record is excellent considering the number of drives and the quality of races he participates in on a regular basis. For that we give extended credit and reduce the fine by $200. Mr May chose to defend the charge and we cannot extend further credit for that. Stewards sought a fine of $300 which we believe to be at the lower end of the scale.

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: fa832e4136b909456f16dfd70d30d21d


informantnumber: A8562


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Driving


plea: denied


penaltyrequired: 1


decisiondate: 04/01/2017


hearing_title: Central Otago TC 2 January 2017 - R 3 - Chair, Mr P Knowles


charge:


facts:

Following the running of the GALLAGHER FAMILY GOLD CUP/MARIE MCNEILL/W.S.HICKEY & SON MOBILE PACE, Stewards lodged an information alleging “RT May drove carelessly when shifting ground outwards contacting the near hind leg of 'Galleons Pleasure' (M Jones) which broke near the 300 metres”.

Rule 869 (3) (b) reads:

               (3) No horseman in any race shall drive:-

Mr May appeared at the hearing and confirmed he did not admit the charge.

Mr McIntyre, with the assistance of the video replays, stated Mr May was at the rear of the field approaching the home straight. Mr May was observed to shift outwards to gain a run and in doing so his outside sulky wheel came into contact with the hind leg of Mr Jones’ horse 'Galleons Pleasure', causing that runner to break. He had spoken to Mr Jones who had confirmed the incident and had stated he had not seen Mr May shift outwards until too late. Had he seen him earlier the incident may have been avoided.


appealdecision:


isappeal:


submissionsfordecision:

Mr May stated that Mr Jones’ horse had tired quickly, coming back on him as he shifted outwards. He did not think he had come out that quickly and that the video looked worse than what the incident was.

In summary Mr Tidmarsh stated that Mr May was careless in his actions when shifting 'Cindy Bromac' outwards and coming into contact with the hind leg of 'Galleons Pleasure'.

Mr May stated he felt he had shifted outwards slowly, it was not a sharp or abrupt movement, and that the tiring 'Galleons Pleasure' contributed to the incident.


reasonsfordecision:

After considering the evidence the committee is satisfied that Mr May was careless when shifting ground outwards. This led to contact between his sulky and the hind leg of 'Galleons Pleasure' causing it to break. The onus is always on the horseman shifting ground to keep clear of other runners. 


Decision:

The charge is found proved.


sumissionsforpenalty:

Mr Tidmarsh submitted that Mr May was one of the busiest horsemen in the country. He had driven 284 times this season and 656 times last season. He had an excellent record under this rule with no charges in the previous 12 months. However, Mr May had caused interference to another runner and had chosen not to admit the charge. The JCA Penalty Guide recommended a fine of $500. He sought a fine of $300.

Mr May stated he was disappointed in the lapse of judgement on his part. He made no specific submission on penalty.


reasonsforpenalty:

We take a starting point of $500 as per the JCA Penalty Guide. The aggravating feature is that there was interference to another runner and we uplift the starting point by $50. Mr May’s driving record is excellent considering the number of drives and the quality of races he participates in on a regular basis. For that we give extended credit and reduce the fine by $200. Mr May chose to defend the charge and we cannot extend further credit for that. Stewards sought a fine of $300 which we believe to be at the lower end of the scale.


penalty:

Mr May is fined $350.


hearing_type: Hearing


Rules: 869(3)(b)


Informant: Mr L Tidmarsh - Stipendiary Steward, Mr N McIntyre - Chairman of Stewards


JockeysandTrainer: Mr R May - Open Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 0c8211e17fea165131f104241ce9a552


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R7


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 5c2a4b0fb71f76197a068b4f4994ff65


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 02/01/2017


meet_title: Central Otago TC - 2 January 2017


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: central-otago-tc


meet_racingtype: harness-racing


meet_chair: PKnowles


meet_pm1: GHall


meet_pm2: none


name: Central Otago TC