Forbury Park TC – 4 February 2011- R 3
ID: JCA15998
Meet Title:
Forbury Park TC - 4 February 2011
Meet Chair:
GHall
Meet Committee Member 1:
DSteel
Race Date:
2011/02/04
Race Number:
R3
Decision:
We find the breach proved.
Penalty:
We are concerned about the fact that this is your third careless driving charge within a year and we were contemplating going to the top of the scale that Mr Allison identified in his submissions, but in view of the mitigating factors that we have identified, we fine you the sum of $300 and remind you in no uncertain terms of your obligations under the Rules of Harness Racing.
Charge:
Mr Allison charged Ms S Ottley (BORN LUCKY) with a breach of r 869(3)(b) in that she shifted ground inwards forcing WINSOME CAESAR (M Williamson) onto KAI CLUTHA CONNECTION causing WINSOME CAESAR to break.
Facts:
Mr Allison demonstrated on the video that Ms Ottley progressed from the one one sit on the inside of Mr Johnston whose horse was hanging in in the home straight. In so doing, she shifted ground inwards and squeezed Mr Williamson’s horse for room, with his cart coming into contact with the cart of the horse on his inner.
Mr Williamson's horse lost ground as a result of the interference but he indicated that his horse had given its best at the time and would not have finished in a stakes bearing position.
Mr Faulkes spoke on the defendant’s behalf and said there was general tightening and that there had been movement from the outside as well as from Ms Ottley.
Submissions for Penalty:
Mr Allison produced the defendant’s record which showed 2 breaches of this rule in the last 12 months, including a breach only 6 weeks earlier. He said the breach was not at the high end and submitted a fine in the range of $300 to $350 or a 2 day suspension was appropriate.
Ms Ottley said she had had approximately 100 drives in the last year and submitted a fine was appropriate.
Reasons for Penalty:
Ms Ottley the onus is on you when shifting ground to make sure that there is the necessary room. There was not sufficient room to shift ground in the circumstances that you did. We accept that the actions of Mr Johnston’s horse in hanging in did contribute to the incident. We also accept, as Mr Allison has said, that there was no protest, and the fact that your actions did not affect the chances of another horse is a further factor in your favour.
We also take into account that you readily admitted the breach.
JCA Decision Fields (raw)
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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: adc3ed3f289a9816a07b8cc5820c00cc
informantnumber: 68857
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 31/12/2010
hearing_title: Forbury Park TC - 4 February 2011- R 3
charge:
Mr Allison charged Ms S Ottley (BORN LUCKY) with a breach of r 869(3)(b) in that she shifted ground inwards forcing WINSOME CAESAR (M Williamson) onto KAI CLUTHA CONNECTION causing WINSOME CAESAR to break.
facts:
Mr Allison demonstrated on the video that Ms Ottley progressed from the one one sit on the inside of Mr Johnston whose horse was hanging in in the home straight. In so doing, she shifted ground inwards and squeezed Mr Williamson’s horse for room, with his cart coming into contact with the cart of the horse on his inner.
Mr Williamson's horse lost ground as a result of the interference but he indicated that his horse had given its best at the time and would not have finished in a stakes bearing position.
Mr Faulkes spoke on the defendant’s behalf and said there was general tightening and that there had been movement from the outside as well as from Ms Ottley.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
We find the breach proved.
sumissionsforpenalty:
Mr Allison produced the defendant’s record which showed 2 breaches of this rule in the last 12 months, including a breach only 6 weeks earlier. He said the breach was not at the high end and submitted a fine in the range of $300 to $350 or a 2 day suspension was appropriate.
Ms Ottley said she had had approximately 100 drives in the last year and submitted a fine was appropriate.
reasonsforpenalty:
Ms Ottley the onus is on you when shifting ground to make sure that there is the necessary room. There was not sufficient room to shift ground in the circumstances that you did. We accept that the actions of Mr Johnston’s horse in hanging in did contribute to the incident. We also accept, as Mr Allison has said, that there was no protest, and the fact that your actions did not affect the chances of another horse is a further factor in your favour.
We also take into account that you readily admitted the breach.
penalty:
We are concerned about the fact that this is your third careless driving charge within a year and we were contemplating going to the top of the scale that Mr Allison identified in his submissions, but in view of the mitigating factors that we have identified, we fine you the sum of $300 and remind you in no uncertain terms of your obligations under the Rules of Harness Racing.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr C Allison
JockeysandTrainer: Ms S Ottley
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 57eeedb64632ba504e9beac0b9454156
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 35682a0351b10926921ac5f18eb3bdda
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 04/02/2011
meet_title: Forbury Park TC - 4 February 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: forbury-park-tc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: DSteel
meet_pm2: none
name: Forbury Park TC