Archive Decision

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Forbury Park TC 25 October 2018 – R 6 – Chair, Prof G Hall

ID: JCA10726

Applicant:
Mr V Munro - Stipendiary Steward

Respondent(s):
Ms S O'Reilly - Junior Horsewoman

Other Person:
Mr T Willilams - Open Horseman assisting Ms O'Reilly

Information Number:
A10548

Hearing Type:
Hearing

New Charge:
Careless Drivin

Rules:
869(3)(b)

Plea:
admitted

Meet Title:
Forbury Park TC - 25 October 2018

Meet Chair:
GHall

Race Date:
2018/10/25

Race Number:
R 6

Decision:

As the respondent has admitted the breach, it is found to be proved.

Penalty:

Ms O’Reilly is fined the sum of $200.

Facts:

Following the running of race 3 the DUNEDIN CITY MOTORS JUNIOR DRIVERS TROT, Mr Munro lodged an Information alleging Ms O’Reilly (SHE’S ALLTHE CRAZE) drove carelessly near the 350 metres when allowing her horse to strike the sulky wheel of ERASER (Ms K Butt) which punctured.

Mr Munro identified Ms O’Reilly racing 4 back on the pylons entering the back straight. She shifts out to the 2 wide line and then is racing 3 wide following Ms Butt. He said, although the videos were not clear, it was evident that the respondent when shifting out to make a run outside Ms Butt had come into contact with the tyre of the sulky of Ms Butt, and the parties accepted this. The video did demonstrate, however, Ms Butt looking down at her wheel immediately after what was believed to be the point of contact.

Mr Munro stated the Stewards acknowledged that Ms Butt was stopping when the respondent pulled out and that Ms O’Reilly’s horse was running on. The Stewards did not believe the incident affected the placing of Ms Butt’s horse.

Mr Williams stated that the respondent was a young and inexperienced junior driver. She was 4 wide on a difficult bend and her horse was travelling well at the time. There was a knack to driving trotters and Ms O’Reilly was still learning. He said ERASER had been under a drive when the respondent came off the back of that horse. It was only a small miscalculation on her part. ERASER had been coming back on SHE’S ALLTHE CRAZE and “it was not the worst breach you will see”.

Submissions for Penalty:

Mr Munro stated that Ms O’Reilly has had 129 lifetime drives, 104 last season and 25 drives so far this season. She had a previous breach but it was outside the six month period. The starting point was a 6 drive suspension of a $300 fine. He submitted a fine of $250 was appropriate.

Ms O’Reilly asked that the fine be as low as possible. She was working as a stable hand and was on a low wage. She reiterated it was just a small miscalculation on her part.

Reasons for Penalty:

Ms O’Reilly was following ERASER when that horse started to give ground. Her horse SHE’S ALLTHE CRAZE was going well at the time and she has miscalculated when shifting out to progress past ERASER. She has come into contact with the tyre of that horse’s cart and the tyre has punctured.

The starting point is 6 drives or $300. The breach is at the lower end. The personal mitigating factors are the respondent’s admission of the breach, her good record and that she is a junior driver.

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: 09a8c27cdef0b160efcf8ce9dc35eda8


informantnumber: A10548


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Drivin


plea: admitted


penaltyrequired: 1


decisiondate: 29/10/2018


hearing_title: Forbury Park TC 25 October 2018 - R 6 - Chair, Prof G Hall


charge:


facts:

Following the running of race 3 the DUNEDIN CITY MOTORS JUNIOR DRIVERS TROT, Mr Munro lodged an Information alleging Ms O’Reilly (SHE’S ALLTHE CRAZE) drove carelessly near the 350 metres when allowing her horse to strike the sulky wheel of ERASER (Ms K Butt) which punctured.

Mr Munro identified Ms O’Reilly racing 4 back on the pylons entering the back straight. She shifts out to the 2 wide line and then is racing 3 wide following Ms Butt. He said, although the videos were not clear, it was evident that the respondent when shifting out to make a run outside Ms Butt had come into contact with the tyre of the sulky of Ms Butt, and the parties accepted this. The video did demonstrate, however, Ms Butt looking down at her wheel immediately after what was believed to be the point of contact.

Mr Munro stated the Stewards acknowledged that Ms Butt was stopping when the respondent pulled out and that Ms O’Reilly’s horse was running on. The Stewards did not believe the incident affected the placing of Ms Butt’s horse.

Mr Williams stated that the respondent was a young and inexperienced junior driver. She was 4 wide on a difficult bend and her horse was travelling well at the time. There was a knack to driving trotters and Ms O’Reilly was still learning. He said ERASER had been under a drive when the respondent came off the back of that horse. It was only a small miscalculation on her part. ERASER had been coming back on SHE’S ALLTHE CRAZE and “it was not the worst breach you will see”.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As the respondent has admitted the breach, it is found to be proved.


sumissionsforpenalty:

Mr Munro stated that Ms O’Reilly has had 129 lifetime drives, 104 last season and 25 drives so far this season. She had a previous breach but it was outside the six month period. The starting point was a 6 drive suspension of a $300 fine. He submitted a fine of $250 was appropriate.

Ms O’Reilly asked that the fine be as low as possible. She was working as a stable hand and was on a low wage. She reiterated it was just a small miscalculation on her part.


reasonsforpenalty:

Ms O’Reilly was following ERASER when that horse started to give ground. Her horse SHE’S ALLTHE CRAZE was going well at the time and she has miscalculated when shifting out to progress past ERASER. She has come into contact with the tyre of that horse’s cart and the tyre has punctured.

The starting point is 6 drives or $300. The breach is at the lower end. The personal mitigating factors are the respondent’s admission of the breach, her good record and that she is a junior driver.


penalty:

Ms O’Reilly is fined the sum of $200.


hearing_type: Hearing


Rules: 869(3)(b)


Informant: Mr V Munro - Stipendiary Steward


JockeysandTrainer: Ms S O'Reilly - Junior Horsewoman


Otherperson: Mr T Willilams - Open Horseman assisting Ms O'Reilly


PersonPresent:


Respondent:


StipendSteward:


raceid: edd8bb56ff625ecfb541bd61a568985b


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race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 6


submittochair:


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meetdate: 25/10/2018


meet_title: Forbury Park TC - 25 October 2018


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tracklocation: forbury-park-tc


meet_racingtype: harness-racing


meet_chair: GHall


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name: Forbury Park TC