Archive Decision

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Forbury Park TC 29 June 2017 – R 6 – Chair, Prof G Hall

ID: JCA16118

Applicant:
Mr L Tidmarsh - Stipendiary Steward

Respondent(s):
Mr R Holmes - Open Horseman

Information Number:
A9753

Hearing Type:
Hearing

New Charge:
Careless driving

Rules:
869(3)(b)

Plea:
admitted

Meet Title:
Forbury Park TC - 29 June 2017

Meet Chair:
GHall

Race Date:
2017/06/29

Race Number:
R 6

Decision:

As the breach is admitted it is thus found to be proved.

Penalty:

The starting point is a fine of $500. There is no alternation to this figure due to the nature of the breach, which is mid range. After a reduction for good record having regard to the frequency with which Mr Homes drives, and his admission of the breach, the penalty is a fine of $350.

Facts:

Mr Tidmarsh, Stipendiary Steward, alleged that Mr Holmes (JACKALACK SUE) drove carelessly when striking the wheel of FOUR STARZZZ SHIRAZ near the 300 metres of race 6, the FIREMECH CLAIMER FINAL MOBILE PACE.

Mr Tidmarsh demonstrated on the video that Mr Holmes, who was trailing the leading horse driven by Mr Orange, was held up for a run as the field rounded the final bend. He said half a run presented itself upon straightening. As Mr Holmes shifted in to take this run the off side fore leg struck the wheel of Mr Orange’s cart. The tyre eventually came off and this placed Mr Orange in difficulty. This was evident on the video and it was also apparent that Mr Orange did not drive his horse out to the winning post because of the deflated tyre.

Mr Holmes admitted the breach and indicated on the information that he did not wish to attend the hearing of the matter.

Submissions for Penalty:

Mr Tidmarsh described the respondent as a relatively busy driver, with 316 drives this season and 310 last season. He had had a previous breach of this rule this season, on 8 December 2016 when he was fined $300 at Addington. His record had been clear since that time. The JCA Penalty Guide starting point is a $500 fine or 10 drives. Mr Tidmarsh submitted a fine in the vicinity of $350 was appropriate.

Reasons for Penalty:

The breach is the result of a misjudgement by the respondent. Had he waited only a fraction longer a full run would have been available to him to the inside of Mr Orange. The aggravating factor is that the chances of Mr Orange’s horse were affected adversely by Mr Holmes’ actions due to the tyre deflating and coming off the rim.

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: bed3d9cb704c15e95ccd09781a3720ed


informantnumber: A9753


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless driving


plea: admitted


penaltyrequired: 1


decisiondate: 03/07/2017


hearing_title: Forbury Park TC 29 June 2017 - R 6 - Chair, Prof G Hall


charge:


facts:

Mr Tidmarsh, Stipendiary Steward, alleged that Mr Holmes (JACKALACK SUE) drove carelessly when striking the wheel of FOUR STARZZZ SHIRAZ near the 300 metres of race 6, the FIREMECH CLAIMER FINAL MOBILE PACE.

Mr Tidmarsh demonstrated on the video that Mr Holmes, who was trailing the leading horse driven by Mr Orange, was held up for a run as the field rounded the final bend. He said half a run presented itself upon straightening. As Mr Holmes shifted in to take this run the off side fore leg struck the wheel of Mr Orange’s cart. The tyre eventually came off and this placed Mr Orange in difficulty. This was evident on the video and it was also apparent that Mr Orange did not drive his horse out to the winning post because of the deflated tyre.

Mr Holmes admitted the breach and indicated on the information that he did not wish to attend the hearing of the matter.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As the breach is admitted it is thus found to be proved.


sumissionsforpenalty:

Mr Tidmarsh described the respondent as a relatively busy driver, with 316 drives this season and 310 last season. He had had a previous breach of this rule this season, on 8 December 2016 when he was fined $300 at Addington. His record had been clear since that time. The JCA Penalty Guide starting point is a $500 fine or 10 drives. Mr Tidmarsh submitted a fine in the vicinity of $350 was appropriate.


reasonsforpenalty:

The breach is the result of a misjudgement by the respondent. Had he waited only a fraction longer a full run would have been available to him to the inside of Mr Orange. The aggravating factor is that the chances of Mr Orange’s horse were affected adversely by Mr Holmes’ actions due to the tyre deflating and coming off the rim.


penalty:

The starting point is a fine of $500. There is no alternation to this figure due to the nature of the breach, which is mid range. After a reduction for good record having regard to the frequency with which Mr Homes drives, and his admission of the breach, the penalty is a fine of $350.


hearing_type: Hearing


Rules: 869(3)(b)


Informant: Mr L Tidmarsh - Stipendiary Steward


JockeysandTrainer: Mr R Holmes - Open Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: e01dbef0e32f5d1941e7423c67236f42


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: 365c5a1ac35ce83d0dbc44f0343d004a


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 29/06/2017


meet_title: Forbury Park TC - 29 June 2017


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: forbury-park-tc


meet_racingtype: harness-racing


meet_chair: GHall


meet_pm1: none


meet_pm2: none


name: Forbury Park TC