Franklin TC 5 March 2013 – R 3
ID: JCA16182
Meet Title:
Franklin TC - 5 March 2013
Meet Chair:
BScott
Meet Committee Member 1:
ADooley
Race Date:
2013/03/05
Race Number:
R3
Decision:
4.1 The charge having been admitted is proved.
Penalty:
7.1 The Committee imposes a fine of $250.00 on Mr Abernethy.
Charge:
Careless driving.
Facts:
1.1 Information was lodged by Stipendiary Steward Mr JM Muirhead against Junior Horseman Mr S Abernethy alleging that Mr Abernethy as the Driver of TINA BRYDON drove carelessly when shifting ground inwards when not clear of LEICA ROSE (Driver R Brosnan) which broke near the 50 metres mark.
1.2 Mr Abernethy was present and advised the Committee that he did not admit the breach. Mr Abernethy is a Junior Driver and was assisted by Senior Horseman Mr P Butcher.
1.3 The Rule was read to Mr Abernethy and he acknowledged that he understood it.
1.4 The parties consented to the evidence given in the Protest Hearing into the placing of TINA BRYDON be used in this Hearing.
1.5 Mr Muirhead gave further evidence and said that from his position in the Stipendiary Stewards’ box five storeys up he had a good view of the incident. He said that Mr Abernethy had not taken the passing lane and that Mr Brosnan had moved into it and was entitled to be there. Mr Abernethy then moved in at about the 50 metre mark and crowded Mr Brosnan’s horse for room and there was contact and it broke.
1.6 Mr Muirhead also demonstrated the incident again by use of the video films and he pointed that Mr Abernethy had turned his horse’s head inwards when Mr Brosnan was already there and he was not entitled to make the move that he did because there was not sufficient room for him. He said that Mr Brosnan was already in the passing lane and Mr Abernethy moved probably 40 metres too late.
1.7 Mr Butcher and Mr Abernethy were asked if they would like to cross examine Mr Muirhead and they said that they did not need to and were happy with his interpretation.
1.8 Mr Butcher referred to the fact that Mr Brosnan in the Protest Hearing had said that his move was 60/40 but as far as Mr Butcher was concerned that although the Protest was upheld the incident was marginal. He said that there was no malice on Mr Abernethy’s part because he was always going to take the passing lane but was late with his decision.
1.9 The Committee then explained to Messrs Abernethy and Butcher the difference between the elements of the charge on one hand and matters they would put forward in mitigation on the other.
1.10 Mr Abernethy then admitted the charge on the basis they would put forward submissions in mitigation of penalty.
Submissions for Decision:
2.1 Mr Muirhead pointed to the evidence and said that when Mr Abernethy moved that Mr Brosnan’s horse was already inside him and that he had seen at least the front legs of Mr Brosnan’s horse. He said that an inwards movement at that stage was careless.
2.2 Messrs Abernethy and Butcher referred to early matters that they had put forward and again said that this incident was marginal and that Mr Brosnan should have been aware that Mr Abernethy was going to move in.
Reasons for Decision:
3.1 The charge is now admitted.
Submissions for Penalty:
5.1 Mr Muirhead had said that the JCA Guidelines provided for a penalty of suspension of license for 10 drives or a fine of $500.00. He also said that Mr Abernethy was a Junior Driver and that the incident was in the medium range. He submitted that a fine of $300.00 was appropriate.
5.2 Mr Butcher asked the Committee to take into account that this was a marginal incident, that Mr Abernethy was a Junior Driver and that as far as he was concerned the incident was at the lower end of the scale.
Reasons for Penalty:
6.1 The Committee viewed the films again and they showed the incident very clearly.
6.2 The Committee takes the view that this was an error of judgment on Mr Abernethy’s part but as such he was careless. His horse might not have responded immediately when he turned for home but once he did not move into the passing lane then he should have expected another horse to do so. When he did he was aware that Mr Brosnan’s horse was inside him and yet he continued to move and caused the incident.
6.3 The Committee does take the view that the incident is in the medium to low range.
6.4 The Committee also takes into account the fact that Mr Abernethy during the Hearing admitted the charge, that he is a Junior Driver and the Committee expects him to learn from what is perceived to be an error of judgment on Mr Abernethy’s part.
6.5 The Committee is going to deal with this matter by way of a fine and believes that a fine slightly less 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: c73c681fd352bd565feb1e8dd6828664
informantnumber: A2392
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 10/03/2013
hearing_title: Franklin TC 5 March 2013 - R 3
charge:
Careless driving.
facts:
1.1 Information was lodged by Stipendiary Steward Mr JM Muirhead against Junior Horseman Mr S Abernethy alleging that Mr Abernethy as the Driver of TINA BRYDON drove carelessly when shifting ground inwards when not clear of LEICA ROSE (Driver R Brosnan) which broke near the 50 metres mark.
1.2 Mr Abernethy was present and advised the Committee that he did not admit the breach. Mr Abernethy is a Junior Driver and was assisted by Senior Horseman Mr P Butcher.
1.3 The Rule was read to Mr Abernethy and he acknowledged that he understood it.
1.4 The parties consented to the evidence given in the Protest Hearing into the placing of TINA BRYDON be used in this Hearing.
1.5 Mr Muirhead gave further evidence and said that from his position in the Stipendiary Stewards’ box five storeys up he had a good view of the incident. He said that Mr Abernethy had not taken the passing lane and that Mr Brosnan had moved into it and was entitled to be there. Mr Abernethy then moved in at about the 50 metre mark and crowded Mr Brosnan’s horse for room and there was contact and it broke.
1.6 Mr Muirhead also demonstrated the incident again by use of the video films and he pointed that Mr Abernethy had turned his horse’s head inwards when Mr Brosnan was already there and he was not entitled to make the move that he did because there was not sufficient room for him. He said that Mr Brosnan was already in the passing lane and Mr Abernethy moved probably 40 metres too late.
1.7 Mr Butcher and Mr Abernethy were asked if they would like to cross examine Mr Muirhead and they said that they did not need to and were happy with his interpretation.
1.8 Mr Butcher referred to the fact that Mr Brosnan in the Protest Hearing had said that his move was 60/40 but as far as Mr Butcher was concerned that although the Protest was upheld the incident was marginal. He said that there was no malice on Mr Abernethy’s part because he was always going to take the passing lane but was late with his decision.
1.9 The Committee then explained to Messrs Abernethy and Butcher the difference between the elements of the charge on one hand and matters they would put forward in mitigation on the other.
1.10 Mr Abernethy then admitted the charge on the basis they would put forward submissions in mitigation of penalty.
appealdecision:
isappeal:
submissionsfordecision:
2.1 Mr Muirhead pointed to the evidence and said that when Mr Abernethy moved that Mr Brosnan’s horse was already inside him and that he had seen at least the front legs of Mr Brosnan’s horse. He said that an inwards movement at that stage was careless.
2.2 Messrs Abernethy and Butcher referred to early matters that they had put forward and again said that this incident was marginal and that Mr Brosnan should have been aware that Mr Abernethy was going to move in.
reasonsfordecision:
3.1 The charge is now admitted.
Decision:
4.1 The charge having been admitted is proved.
sumissionsforpenalty:
5.1 Mr Muirhead had said that the JCA Guidelines provided for a penalty of suspension of license for 10 drives or a fine of $500.00. He also said that Mr Abernethy was a Junior Driver and that the incident was in the medium range. He submitted that a fine of $300.00 was appropriate.
5.2 Mr Butcher asked the Committee to take into account that this was a marginal incident, that Mr Abernethy was a Junior Driver and that as far as he was concerned the incident was at the lower end of the scale.
reasonsforpenalty:
6.1 The Committee viewed the films again and they showed the incident very clearly.
6.2 The Committee takes the view that this was an error of judgment on Mr Abernethy’s part but as such he was careless. His horse might not have responded immediately when he turned for home but once he did not move into the passing lane then he should have expected another horse to do so. When he did he was aware that Mr Brosnan’s horse was inside him and yet he continued to move and caused the incident.
6.3 The Committee does take the view that the incident is in the medium to low range.
6.4 The Committee also takes into account the fact that Mr Abernethy during the Hearing admitted the charge, that he is a Junior Driver and the Committee expects him to learn from what is perceived to be an error of judgment on Mr Abernethy’s part.
6.5 The Committee is going to deal with this matter by way of a fine and believes that a fine slightly less than that submitted by Mr Muirhead is appropriate.
penalty:
7.1 The Committee imposes a fine of $250.00 on Mr Abernethy.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr J M Muirhead - Stipendiary Steward
JockeysandTrainer: Mr S Abernethy - Junior Horseman
Otherperson: Mr P Butcher - Senior Horseman assisting Mr Abernethy
PersonPresent:
Respondent:
StipendSteward:
raceid: d52ceb58a5886e4d221419cdf6afc14d
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: b4f916e70346ac44967a4013174372dc
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 05/03/2013
meet_title: Franklin TC - 5 March 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: franklin-tc
meet_racingtype: harness-racing
meet_chair: BScott
meet_pm1: ADooley
meet_pm2: none
name: Franklin TC