Franklin TC 12 April 2013 – R 7
ID: JCA13925
Meet Title:
Franklin TC - 12 April 2013
Meet Chair:
BScott
Meet Committee Member 1:
AGodsalve
Race Date:
2013/04/12
Race Number:
R7
Decision:
The charge having been admitted is accordingly proved.
Penalty:
This Committee orders that Mr Lawson be fined the sum of $600.00.
Charge:
Breach of Rule 869(3)(f) - Improper driving
Facts:
Horseman Mr SJ Lawson alleging that Mr Lawson drove CULLIES DELIGHT improperly after the finish of the race when he made contact with his horse and the sulky of CARPENTER’S DAUGHTER (Driver A Veint).
Rule 869(3)(f) provides:
“No horseman in any race shall drive improperly”.
Rule 869(9) provides:
“For the purposes of sub Rules (2), (3) and (4), the “race” shall included the preliminaries, the starts and time period after the finish while the horse remains on the race track”.
Mr Lawson was present and advised this Committee that he admitted the breach. Mr Lawson was assisted by Senior Horseman Mr S Phelan.
Submissions for Decision:
Mr Muirhead gave evidence and he said that the Stipendiary Stewards had received complaints from the Public about an incident that occurred after the conclusion of Race 7. This was well after the winning post.
Mr Muirhead said that Mr Lawson, driving CULLIES DELIGHT, had attempted to get the lead from CARPENTER’S DAUGHTER early on but was unable to do so and that this was over a 42.2 opening sectional. He said that as a result of this manoeuvre and then having to sit parked CULLIES DELIGHT finished second last some fifty metres from the winner. He said that when CULLIES DELIGHT was finishing the race, Mr Lawson slapped his horse with the reins and then chased it on after the winning post up around the bend and he ran into the back of the sulky of CARPENTER’S DAUGHTER. This was at the entrance to the back straight and at that stage Mr Veint had been easing down his horse after finishing the race.
Mr Muirhead said that the Stewards were concerned with Mr Lawson’s actions and said that what he did did not look good. He said that it was improper driving and not professional. He also said that Mr Lawson had words with Mr Veint but the Stewards were more concerned about the driving and about Mr Lawson driving CULLIES DELIGHT into the back of the sulky of CARPENTER’S DAUGHTER.
At that stage Mr Muirhead demonstrated the incident by use of video films. These were the Stewards’ films and Mr Muirhead showed, after the finish of the race, where CULLIES DELIGHT was a long way from CARPENTER’S DAUGHTER and where Mr Lawson chased his horse up around the bend and into the back straight and ran into the back of the sulky of Mr Veint’s horse.
Mr Lawson said that he didn’t think that it was as bad as it looked. He did not have a proper explanation for what he did.
Mr Phelan said that Mr Lawson was just asking a question about getting to the front but he knows that he is in the wrong and he has admitted the breach.
Submissions for Penalty:
Mr Muirhead referred to the JCA Guidelines. He said that for improper driving, which was not in accordance with the accepted rules of behaviour, the Guidelines provided a starting point of suspension for 20 drives or $1,000.00 fine.
He said that Mr Lawson is a Junior Driver and that he has been straight forward with the Stewards and professional and that he is embarrassed by his actions.
Mr Muirhead submitted that a fine of $500.00 was appropriate.
Mr Phelan, on behalf of Mr Lawson, submitted that Mr Lawson realised that he was in the wrong and that it was one of those things that he did in the heat of the moment. He submitted that the $500.00 fine would be appropriate.
Reasons for Penalty:
The Committee is concerned that Mr Lawson’s actions should give rise to a complaint from members of the Public.
The other matter of concern to us is that Mr Lawson came from a long distance away to drive into the back of the sulky of CARPENTER’S DAUGHTER. He clearly formed his intent quite early and as far as we are concerned there was a considerable amount of malice on Mr Lawson’s part. There is also the fact that his actions could have caused injury to Mr Veint and/or Mr Lawson’s horse. These are aggravating factors as far as the Committee is concerned.
We are told that Mr Lawson was frank and straight forward with the Stewards and of course he has admitted the breach. In our view he had no other option.
Mr Lawson is a Junior Horseman which is normally a mitigating factor but he is a very experienced and busy Junior Horseman and he has committed an act of stupidity on this occasion. We believe that a fine greater than that submitted by Mr Muirhead is appropriate.
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: 815af844bdc8e48777c23c0f4e6561f4
informantnumber: A4640
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 01/04/2013
hearing_title: Franklin TC 12 April 2013 - R 7
charge:
Breach of Rule 869(3)(f) - Improper driving
facts:
Horseman Mr SJ Lawson alleging that Mr Lawson drove CULLIES DELIGHT improperly after the finish of the race when he made contact with his horse and the sulky of CARPENTER’S DAUGHTER (Driver A Veint).
Rule 869(3)(f) provides:
“No horseman in any race shall drive improperly”.
Rule 869(9) provides:
“For the purposes of sub Rules (2), (3) and (4), the “race” shall included the preliminaries, the starts and time period after the finish while the horse remains on the race track”.
Mr Lawson was present and advised this Committee that he admitted the breach. Mr Lawson was assisted by Senior Horseman Mr S Phelan.
appealdecision:
isappeal:
submissionsfordecision:
Mr Muirhead gave evidence and he said that the Stipendiary Stewards had received complaints from the Public about an incident that occurred after the conclusion of Race 7. This was well after the winning post.
Mr Muirhead said that Mr Lawson, driving CULLIES DELIGHT, had attempted to get the lead from CARPENTER’S DAUGHTER early on but was unable to do so and that this was over a 42.2 opening sectional. He said that as a result of this manoeuvre and then having to sit parked CULLIES DELIGHT finished second last some fifty metres from the winner. He said that when CULLIES DELIGHT was finishing the race, Mr Lawson slapped his horse with the reins and then chased it on after the winning post up around the bend and he ran into the back of the sulky of CARPENTER’S DAUGHTER. This was at the entrance to the back straight and at that stage Mr Veint had been easing down his horse after finishing the race.
Mr Muirhead said that the Stewards were concerned with Mr Lawson’s actions and said that what he did did not look good. He said that it was improper driving and not professional. He also said that Mr Lawson had words with Mr Veint but the Stewards were more concerned about the driving and about Mr Lawson driving CULLIES DELIGHT into the back of the sulky of CARPENTER’S DAUGHTER.
At that stage Mr Muirhead demonstrated the incident by use of video films. These were the Stewards’ films and Mr Muirhead showed, after the finish of the race, where CULLIES DELIGHT was a long way from CARPENTER’S DAUGHTER and where Mr Lawson chased his horse up around the bend and into the back straight and ran into the back of the sulky of Mr Veint’s horse.
Mr Lawson said that he didn’t think that it was as bad as it looked. He did not have a proper explanation for what he did.
Mr Phelan said that Mr Lawson was just asking a question about getting to the front but he knows that he is in the wrong and he has admitted the breach.
reasonsfordecision:
Decision:
The charge having been admitted is accordingly proved.
sumissionsforpenalty:
Mr Muirhead referred to the JCA Guidelines. He said that for improper driving, which was not in accordance with the accepted rules of behaviour, the Guidelines provided a starting point of suspension for 20 drives or $1,000.00 fine.
He said that Mr Lawson is a Junior Driver and that he has been straight forward with the Stewards and professional and that he is embarrassed by his actions.
Mr Muirhead submitted that a fine of $500.00 was appropriate.
Mr Phelan, on behalf of Mr Lawson, submitted that Mr Lawson realised that he was in the wrong and that it was one of those things that he did in the heat of the moment. He submitted that the $500.00 fine would be appropriate.
reasonsforpenalty:
The Committee is concerned that Mr Lawson’s actions should give rise to a complaint from members of the Public.
The other matter of concern to us is that Mr Lawson came from a long distance away to drive into the back of the sulky of CARPENTER’S DAUGHTER. He clearly formed his intent quite early and as far as we are concerned there was a considerable amount of malice on Mr Lawson’s part. There is also the fact that his actions could have caused injury to Mr Veint and/or Mr Lawson’s horse. These are aggravating factors as far as the Committee is concerned.
We are told that Mr Lawson was frank and straight forward with the Stewards and of course he has admitted the breach. In our view he had no other option.
Mr Lawson is a Junior Horseman which is normally a mitigating factor but he is a very experienced and busy Junior Horseman and he has committed an act of stupidity on this occasion. We believe that a fine greater than that submitted by Mr Muirhead is appropriate.
penalty:
This Committee orders that Mr Lawson be fined the sum of $600.00.
hearing_type: Hearing
Rules: 869(3)(f) and 869(9)
Informant: Mr JM Muirhead - Stipendiary Steward
JockeysandTrainer: Mr S Lawson - Junior Horseman
Otherperson: Mr S Phelan - Senior Horseman assisting Mr Lawson
PersonPresent:
Respondent:
StipendSteward:
raceid: baebbdf215174e499927706729745d0f
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
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meetid: d6017c273d1956f6f018933857fb824c
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meet_emailed1: 0
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meetdate: 12/04/2013
meet_title: Franklin TC - 12 April 2013
meet_expappcomment:
meet_km:
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tracklocation: franklin-tc
meet_racingtype: harness-racing
meet_chair: BScott
meet_pm1: AGodsalve
meet_pm2: none
name: Franklin TC