Archive Decision

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Forbury Park TC 29 June 2017 – R 7 – Chair, Prof G Hall

ID: JCA15197

Applicant:
Mr L Tidmarsh - Stipendiary Steward

Respondent(s):
Mr B Orange - Open Horseman

Information Number:
A9754

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 7

Decision:

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

Penalty:

There is no addition to the starting point. After credit for the admission of the breach but more particularly the respondent’s excellent record, the penalty is a fine of $350.

Facts:

Mr Tidmarsh, Stipendiary Steward, alleged that Mr Orange drove carelessly when shifting ground inwards when not clear of OCH AYE THE NOO (Mr McIlwrick) which broke.

Mr Tidmarsh demonstrated on the video that Mr Orange when endeavouring to improve forward to the lead near the 950 metres shifted ground inwards when not quite clear of OCH AYE THE NOO causing that horse to break. He said it was an error of judgment in that the respondent had not allowed Mr McIlwrick sufficient room. He noted that in the protest hearing Mr McIlwrick had said that OCH AYE THE NOO was racing keenly at the time. Nonetheless, he emphasised OCH AYE THE NOO was entitled to room.

Mr Orange 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 produced the respondent’s record, which evidenced no breach of this rule this season. Mr Orange has had 825 drives last season and 1035 this season. Mr Tidmarsh described this record as excellent when regard was had to the fact the respondent is a very busy driver. He identified an aggravating factor as being that OCH AYE THE NOO had broken and galloped for some 80 metres. Trailing runners were inconvenienced although OCH AYE THE NOO had recovered quickly.

Reasons for Penalty:

Mr Orange’s carelessness has caused OCH AYE THE NOO to gallop. Mr Tidmarsh is correct when he describes the incident as a misjudgment. The starting point is a fine of $500. The breach is clearly mid-range. Mr Orange’s actions resulted in the field being disrupted when OCH AYE THE NOO galloped. That horse was able to settle two back rather than trailing and was able to get to the one/one when MADISON JANE galloped out of the race.

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: 7484e02c4244b24d4e67876aa846092a


informantnumber: A9754


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 7 - Chair, Prof G Hall


charge:


facts:

Mr Tidmarsh, Stipendiary Steward, alleged that Mr Orange drove carelessly when shifting ground inwards when not clear of OCH AYE THE NOO (Mr McIlwrick) which broke.

Mr Tidmarsh demonstrated on the video that Mr Orange when endeavouring to improve forward to the lead near the 950 metres shifted ground inwards when not quite clear of OCH AYE THE NOO causing that horse to break. He said it was an error of judgment in that the respondent had not allowed Mr McIlwrick sufficient room. He noted that in the protest hearing Mr McIlwrick had said that OCH AYE THE NOO was racing keenly at the time. Nonetheless, he emphasised OCH AYE THE NOO was entitled to room.

Mr Orange 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 produced the respondent’s record, which evidenced no breach of this rule this season. Mr Orange has had 825 drives last season and 1035 this season. Mr Tidmarsh described this record as excellent when regard was had to the fact the respondent is a very busy driver. He identified an aggravating factor as being that OCH AYE THE NOO had broken and galloped for some 80 metres. Trailing runners were inconvenienced although OCH AYE THE NOO had recovered quickly.


reasonsforpenalty:

Mr Orange’s carelessness has caused OCH AYE THE NOO to gallop. Mr Tidmarsh is correct when he describes the incident as a misjudgment. The starting point is a fine of $500. The breach is clearly mid-range. Mr Orange’s actions resulted in the field being disrupted when OCH AYE THE NOO galloped. That horse was able to settle two back rather than trailing and was able to get to the one/one when MADISON JANE galloped out of the race.


penalty:

There is no addition to the starting point. After credit for the admission of the breach but more particularly the respondent’s excellent record, the penalty is a fine of $350.


hearing_type: Hearing


Rules: 869(3)(b)


Informant: Mr L Tidmarsh - Stipendiary Steward


JockeysandTrainer: Mr B Orange - Open Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 09bb057d89f8d1a771ea6db0b7965e3c


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 7


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