Franklin TC 10 February 2012 – R 5
ID: JCA10904
Meet Title:
Franklin TC - 10 February 2012
Meet Chair:
BScott
Meet Committee Member 1:
ADooley
Race Date:
2012/02/10
Race Number:
R5
Decision:
The charge having been admitted is accordingly proved.
Penalty:
The Committee orders that Mr Veint’s Horseman’s License be suspended from the conclusion of racing on the 10th February 2012 up to and including racing on the 2nd March 2012. That is 4 driving days.
Charge:
Breach of Rule 869(3)(b) - careless driving
Facts:
An Information was lodged by Stipendiary Steward Mr NG McIntyre alleging that Junior Horseman Mr A Veint drove his horse UNCLE WINGNUT carelessly when attempting to hold a position on the outside of BURNABY KAN (Driver Z Butcher) resulting in his horse UNCLE WINGNUT making contact with a sulky of THEFASTERTHEBETTOR (Driver S Abernethy) which resulted in S Abernethy and A Veint being dislodged from their sulkies.
Mr Veint was present at the Hearing assisted by Mr J Stormont and he advised this Committee that he did admit the breach.
Rule 869(3)(b) provides:
“No horseman in any race shall drive carelessly”
The Rule was read to Mr Veint and he acknowledged that he understood it.
Submissions for Decision:
Mr McIntyre demonstrated the incident by use of the video films. He said that with approximately 400 metres to run, Mr Veint was on the outside of Mr Butcher’s horse. He said Mr Butcher initially tried to push Mr Veint out but was unable to do so. Mr Butcher at the time was trailing ZINGARA, driven by Mr Dickie and when he moved one off the running line Mr Butcher attempted to follow him out. In doing so he again attempted to push Mr Veint out and Mr Veint tried to hold his position and also push Mr Butcher back in. Mr McIntyre said that at the time of the second attempt by Mr Butcher, his horse had a head advantage over Mr Veint’s horse and accordingly Mr Butcher was in a position where he could push Mr Veint’s horse out. Mr Veint at the time was trailing THEFASTERTHEBETTOR and Mr McIntyre said that as a result of Mr Veint trying to push Mr Butcher back in, he made contact with the sulky of THEFASTERTHEBETTOR and the near foreleg of Mr Veint’s horse became entangled in the back bow of the sulky of THEFASTERTHEBETTOR and this resulted in both horses being checked and dislodging their drivers from their sulkies.
Mr Veint acknowledged that he was trying to push Mr Butcher back in and that the front leg of his horse did touch the sulky of THEFASTERTHEBETTOR. Mr Stormont on behalf of Mr Veint, used the films and pointed to Mr Butcher pushing out and that he was not entitled to do so. He said that Mr Butcher’s horse was hanging and Mr Butcher contributed to the problem.
Mr McIntyre said that in his opinion Mr Veint could not push Mr Butcher down because he had the advantage.
Submissions for Penalty:
Mr McIntyre said that Mr Veint had had 24 drives this season and in the previous season 115 drives. He drew a comparison with a similar charge recently in Invercargill and that Driver who was a Senior Horseman had his licence suspended for 1 month.
Mr McIntyre said that Mr Veint’s record was very good but he submitted that the appropriate penalty would be a suspension of Mr Veint’s licence for 4 weeks.
Mr Stormont thought that the comparison to the Invercargill incident was not relevant and pointed to Mr Veint’s admission of the charge, good record and the fact that he is a Junior Driver. Mr Stormont also said that Mr Veint had recently joined a new Stable and he was likely to get more opportunities in that Stable and a suspension of his licence could have quite an impact on him.
Reasons for Penalty:
The Committee has viewed the films on a number of occasions and listened to the parties. In our view a significant factor in this matter is the actions of Mr Butcher in trying to push Mr Veint out. Mr Veint was endeavouring to hold his place and in doing so, tried to push Mr Butcher back in and as a result he was careless. The Committee has however taken into account the actions of Mr Butcher in this incident and the fact that Mr Veint was initially trying to maintain his position but in the end by his actions he was careless.
The Committee also expressed concern to Mr McIntyre that Mr Veint was not assisted by a Senior Horseman during the investigation stage prior to the charge proceeding.
The Committee notes Mr Veint’s admission of the breach and the fact that he has been very straight forward with his evidence. He also has a good record and those are matters we have taken into account. We are mindful however that there were two horses whose chances were affected by Mr Veint’s actions and we believe that as suspension of Mr Veint’s Horseman’s License is appropriate.
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: 065e0f7c6029fc6fce36a6c0b0d5ff70
informantnumber: A2252
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 14/02/2012
hearing_title: Franklin TC 10 February 2012 - R 5
charge:
Breach of Rule 869(3)(b) - careless driving
facts:
An Information was lodged by Stipendiary Steward Mr NG McIntyre alleging that Junior Horseman Mr A Veint drove his horse UNCLE WINGNUT carelessly when attempting to hold a position on the outside of BURNABY KAN (Driver Z Butcher) resulting in his horse UNCLE WINGNUT making contact with a sulky of THEFASTERTHEBETTOR (Driver S Abernethy) which resulted in S Abernethy and A Veint being dislodged from their sulkies.
Mr Veint was present at the Hearing assisted by Mr J Stormont and he advised this Committee that he did admit the breach.
Rule 869(3)(b) provides:
“No horseman in any race shall drive carelessly”
The Rule was read to Mr Veint and he acknowledged that he understood it.
appealdecision:
isappeal:
submissionsfordecision:
Mr McIntyre demonstrated the incident by use of the video films. He said that with approximately 400 metres to run, Mr Veint was on the outside of Mr Butcher’s horse. He said Mr Butcher initially tried to push Mr Veint out but was unable to do so. Mr Butcher at the time was trailing ZINGARA, driven by Mr Dickie and when he moved one off the running line Mr Butcher attempted to follow him out. In doing so he again attempted to push Mr Veint out and Mr Veint tried to hold his position and also push Mr Butcher back in. Mr McIntyre said that at the time of the second attempt by Mr Butcher, his horse had a head advantage over Mr Veint’s horse and accordingly Mr Butcher was in a position where he could push Mr Veint’s horse out. Mr Veint at the time was trailing THEFASTERTHEBETTOR and Mr McIntyre said that as a result of Mr Veint trying to push Mr Butcher back in, he made contact with the sulky of THEFASTERTHEBETTOR and the near foreleg of Mr Veint’s horse became entangled in the back bow of the sulky of THEFASTERTHEBETTOR and this resulted in both horses being checked and dislodging their drivers from their sulkies.
Mr Veint acknowledged that he was trying to push Mr Butcher back in and that the front leg of his horse did touch the sulky of THEFASTERTHEBETTOR. Mr Stormont on behalf of Mr Veint, used the films and pointed to Mr Butcher pushing out and that he was not entitled to do so. He said that Mr Butcher’s horse was hanging and Mr Butcher contributed to the problem.
Mr McIntyre said that in his opinion Mr Veint could not push Mr Butcher down because he had the advantage.
reasonsfordecision:
Decision:
The charge having been admitted is accordingly proved.
sumissionsforpenalty:
Mr McIntyre said that Mr Veint had had 24 drives this season and in the previous season 115 drives. He drew a comparison with a similar charge recently in Invercargill and that Driver who was a Senior Horseman had his licence suspended for 1 month.
Mr McIntyre said that Mr Veint’s record was very good but he submitted that the appropriate penalty would be a suspension of Mr Veint’s licence for 4 weeks.
Mr Stormont thought that the comparison to the Invercargill incident was not relevant and pointed to Mr Veint’s admission of the charge, good record and the fact that he is a Junior Driver. Mr Stormont also said that Mr Veint had recently joined a new Stable and he was likely to get more opportunities in that Stable and a suspension of his licence could have quite an impact on him.
reasonsforpenalty:
The Committee has viewed the films on a number of occasions and listened to the parties. In our view a significant factor in this matter is the actions of Mr Butcher in trying to push Mr Veint out. Mr Veint was endeavouring to hold his place and in doing so, tried to push Mr Butcher back in and as a result he was careless. The Committee has however taken into account the actions of Mr Butcher in this incident and the fact that Mr Veint was initially trying to maintain his position but in the end by his actions he was careless.
The Committee also expressed concern to Mr McIntyre that Mr Veint was not assisted by a Senior Horseman during the investigation stage prior to the charge proceeding.
The Committee notes Mr Veint’s admission of the breach and the fact that he has been very straight forward with his evidence. He also has a good record and those are matters we have taken into account. We are mindful however that there were two horses whose chances were affected by Mr Veint’s actions and we believe that as suspension of Mr Veint’s Horseman’s License is appropriate.
penalty:
The Committee orders that Mr Veint’s Horseman’s License be suspended from the conclusion of racing on the 10th February 2012 up to and including racing on the 2nd March 2012. That is 4 driving days.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr NG McIntyre - Stipendiary Steward
JockeysandTrainer: Mr A Veint - Licensed Junior Driver
Otherperson: Mr JP Stormont - Licensed Open Horseman assisting Mr Veint
PersonPresent:
Respondent:
StipendSteward:
raceid: d38d7b8bbd9a29020159e7d194d4968b
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race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
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meetdate: 10/02/2012
meet_title: Franklin TC - 10 February 2012
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meet_racingtype: harness-racing
meet_chair: BScott
meet_pm1: ADooley
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name: Franklin TC