Forbury Park TC 30 May 2019 – R 7 – Chair, Prof G Hall
ID: JCA14474
Meet Title:
Forbury Park TC - 30 May 2019
Meet Chair:
GHall
Race Date:
2019/05/30
Race Number:
R 7
Decision:
The charge of careless driving is proved.
Penalty:
Ms O’Reilly is fined the sum of $225.
Facts:
Mr Munro, Stipendiary Steward, alleged that Ms O’Reilly (MY MATE BEN) drove carelessly IN RACE 7, the DUNEDIN CITY MOTORS JUNIOR DRIVERS MOBILE PACE, by striking the wheel of EDIE JACCKA near the 150 metres.
Submissions for Decision:
Mr Renault demonstrated on the videos that MY MATE BEN was racing near the rear of the field. As MY MATE BEN was progressing forward there was contact with EDIE JACCKA and MY MATE BEN went roughly as a consequence.
Mr Munro demonstrated on the head-on video that there was outwards movement by MY MATE BEN (Mr Campbell). He said Mr Campbell had drifted out half a cart width at most. He emphasised there was no gap for the respondent’s horse let alone her sulky outside Mr Campbell and therefore the Stewards believed she was careless in striking the wheel of the cart of EDIE JACCKA.
Mr Thornley asked for the side-on video to be played. He questioned why Mr Campbell had attempted to come out. He said if Mr Campbell had kept a straight line in the straight, the incident would not have happened. He believed Mr Campbell had drifted out 3 cart widths. He said the respondent had not gone into a gap. The incident occurred because Mr Campbell drifted out. He had stopped “real quick” and come back on to Ms O’Reilly. He believed the back straight angle on the videos demonstrated this.
Ms O’Reilly said she thought there was a gap outside Mr Campbell. He had drifted across the track and made this gap smaller. Her horse wore a pole on the off-side. This made it more difficult to steer. She said her vision was not good at the time, as due to the slushy nature of the track, her glasses were covered in dirt. She later said that her horse was travelling well at the time and it felt to her that Mr Campbell had come back on to her.
Mr Munro summed up by stating the Stewards had not warned Mr Campbell about the need to keep a straight line. Mr Campbell had come around the bend and shifted out but not enough in the circumstances to warrant him being cautioned or charged. Ms O’Reilly thought there was a gap and was steering her horse accordingly. There was some room for her but not enough for her horse and cart. The gap was never there and, whilst Mr Campbell was stopping, the onus on Ms O’Reilly was to take hold of her horse and avoid his wheel.
Mr Thornley replied Mr Campbell had drifted outwards and come back on to Ms O’Reilly. He had caused it all. Ms O’Reilly was not chasing her horse and Mr Campbell had come back that quickly that she did not have time to take hold.
Reasons for Decision:
As Ms O’Reilly has herself acknowledged, she was endeavouring to improve into a gap to the outside of Mr Campbell some 150 metres from the finish when she came into contact with a wheel of Mr Campbell’s cart. It is clear from the videos that Mr Campbell has shifted wider on the track. However, the Committee is not satisfied on repeated viewing of the head-on video that the extent to which Mr Campbell has shifted immediately prior to the contact could be described as a substantial movement. Similarly, it is not satisfied that Mr Campbell was stopping so quickly that Ms O’Reilly could not avoid his wheel.
There was never room for Ms O’Reilly’s horse and cart to progress to the outside of Mr Campbell. The onus is on Ms O’Reilly to keep off Mr Campbell. She did not.
Submissions for Penalty:
Mr Munro produced Ms O’Reilly’s record. He described Ms O’Reilly as a busy junior driver, with 142 drives this season, and 104 last season. The only breach Ms O’Reilly has had is a breach of this rule in similar circumstances at Forbury Park in October last. He submitted the appropriate penalty was a fine at the starting point level of $300.
Mr Thornley reminded the Committee that Ms O’Reilly was a junior driver and that that should be taken into account in determining the amount of the fine.
Reasons for Penalty:
The starting point is $300 or 6 drives, where the carelessness has resulted in a driver hitting a wheel. The Penalty Guide also says regard is to be had to the consequences of the breach. In that regard, Mr Campbell’s horse was stopping and Ms O’Reilly was some distance from the leading horses with only 150 metres to go to the finish of the race. The breach is low end. Ms O’Reilly mistakenly believed there was room for her to improve to the outside of Mr Campbell. He has shifted outwards and stopped but not to the extent that Mr Thornley has submitted. But nevertheless, these are mitigating factors when assessing the respondent’s culpability. Also relevant are the difficulty the respondent has stated she had with steering the horse because of the pole and her restricted vision due to the dirt on her goggles.
A fine is the appropriate penalty. After having regard to the level of culpability, Ms O’Reilly’s record, which is clear since October 2018 and in which time she has had 119 drives, and her status as a junior driver, this is set at $225.
JCA Decision Fields (raw)
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hearingid: 87c0ab552017f3881286221b2966a15e
informantnumber: A9812
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: denied
penaltyrequired: 1
decisiondate: 04/06/2019
hearing_title: Forbury Park TC 30 May 2019 - R 7 - Chair, Prof G Hall
charge:
facts:
Mr Munro, Stipendiary Steward, alleged that Ms O’Reilly (MY MATE BEN) drove carelessly IN RACE 7, the DUNEDIN CITY MOTORS JUNIOR DRIVERS MOBILE PACE, by striking the wheel of EDIE JACCKA near the 150 metres.
appealdecision:
isappeal:
submissionsfordecision:
Mr Renault demonstrated on the videos that MY MATE BEN was racing near the rear of the field. As MY MATE BEN was progressing forward there was contact with EDIE JACCKA and MY MATE BEN went roughly as a consequence.
Mr Munro demonstrated on the head-on video that there was outwards movement by MY MATE BEN (Mr Campbell). He said Mr Campbell had drifted out half a cart width at most. He emphasised there was no gap for the respondent’s horse let alone her sulky outside Mr Campbell and therefore the Stewards believed she was careless in striking the wheel of the cart of EDIE JACCKA.
Mr Thornley asked for the side-on video to be played. He questioned why Mr Campbell had attempted to come out. He said if Mr Campbell had kept a straight line in the straight, the incident would not have happened. He believed Mr Campbell had drifted out 3 cart widths. He said the respondent had not gone into a gap. The incident occurred because Mr Campbell drifted out. He had stopped “real quick” and come back on to Ms O’Reilly. He believed the back straight angle on the videos demonstrated this.
Ms O’Reilly said she thought there was a gap outside Mr Campbell. He had drifted across the track and made this gap smaller. Her horse wore a pole on the off-side. This made it more difficult to steer. She said her vision was not good at the time, as due to the slushy nature of the track, her glasses were covered in dirt. She later said that her horse was travelling well at the time and it felt to her that Mr Campbell had come back on to her.
Mr Munro summed up by stating the Stewards had not warned Mr Campbell about the need to keep a straight line. Mr Campbell had come around the bend and shifted out but not enough in the circumstances to warrant him being cautioned or charged. Ms O’Reilly thought there was a gap and was steering her horse accordingly. There was some room for her but not enough for her horse and cart. The gap was never there and, whilst Mr Campbell was stopping, the onus on Ms O’Reilly was to take hold of her horse and avoid his wheel.
Mr Thornley replied Mr Campbell had drifted outwards and come back on to Ms O’Reilly. He had caused it all. Ms O’Reilly was not chasing her horse and Mr Campbell had come back that quickly that she did not have time to take hold.
reasonsfordecision:
As Ms O’Reilly has herself acknowledged, she was endeavouring to improve into a gap to the outside of Mr Campbell some 150 metres from the finish when she came into contact with a wheel of Mr Campbell’s cart. It is clear from the videos that Mr Campbell has shifted wider on the track. However, the Committee is not satisfied on repeated viewing of the head-on video that the extent to which Mr Campbell has shifted immediately prior to the contact could be described as a substantial movement. Similarly, it is not satisfied that Mr Campbell was stopping so quickly that Ms O’Reilly could not avoid his wheel.
There was never room for Ms O’Reilly’s horse and cart to progress to the outside of Mr Campbell. The onus is on Ms O’Reilly to keep off Mr Campbell. She did not.
Decision:
The charge of careless driving is proved.
sumissionsforpenalty:
Mr Munro produced Ms O’Reilly’s record. He described Ms O’Reilly as a busy junior driver, with 142 drives this season, and 104 last season. The only breach Ms O’Reilly has had is a breach of this rule in similar circumstances at Forbury Park in October last. He submitted the appropriate penalty was a fine at the starting point level of $300.
Mr Thornley reminded the Committee that Ms O’Reilly was a junior driver and that that should be taken into account in determining the amount of the fine.
reasonsforpenalty:
The starting point is $300 or 6 drives, where the carelessness has resulted in a driver hitting a wheel. The Penalty Guide also says regard is to be had to the consequences of the breach. In that regard, Mr Campbell’s horse was stopping and Ms O’Reilly was some distance from the leading horses with only 150 metres to go to the finish of the race. The breach is low end. Ms O’Reilly mistakenly believed there was room for her to improve to the outside of Mr Campbell. He has shifted outwards and stopped but not to the extent that Mr Thornley has submitted. But nevertheless, these are mitigating factors when assessing the respondent’s culpability. Also relevant are the difficulty the respondent has stated she had with steering the horse because of the pole and her restricted vision due to the dirt on her goggles.
A fine is the appropriate penalty. After having regard to the level of culpability, Ms O’Reilly’s record, which is clear since October 2018 and in which time she has had 119 drives, and her status as a junior driver, this is set at $225.
penalty:
Ms O’Reilly is fined the sum of $225.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr V Munro - Stipendiary Steward
JockeysandTrainer: Ms S O'Reilly - Junior Horsewoman
Otherperson: Mr C Thornley - Open Horseman assisting the respondent, Mr Renault - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: e407be8e628b13a22852339a0b4c777e
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race_title: R 7
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meetdate: 30/05/2019
meet_title: Forbury Park TC - 30 May 2019
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name: Forbury Park TC