Geraldine TC 26 November 2016 – R 11 – Chair, Mr S Ching
ID: JCA14603
Meet Title:
Geraldine TC - 26 November 2016
Meet Chair:
SChing
Meet Committee Member 1:
GClapp
Race Date:
2016/11/26
Race Number:
R11
Decision:
As Mr Markham had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
Accordingly, Mr Markham’s Junior Horseman’s licence is suspended from the conclusion of racing today 26 November up to and including 8 December 2016. This suspension encompasses the meetings at Addington 2 December, Oamaru 3 December, Methven 4 December and Addington on 8 December 2016.
Facts:
Following the running of Race 11, the Turley Farms Mobile Pace, an information was filed by Stipendiary Steward Mr S Renault against Junior Horseman Mr J Markham, alleging a breach of Rule 869(3) (b) in that he drove carelessly by allowing MYSISTERSASTAR to run up behind NUI TOC TIEN, causing his horse to strike the wheel of NUI TOC TIEN which resulted in the sulky of NUI TOC TIEN collapsing.
Mr Markham had indicated on the Information that this breach of the Rules was admitted. Mr Markham had also informed the Stewards that he did not wish to be present at the hearing.
Rule 869(3)(b) reads as follows:
“(3) No horseman in any race shall drive:-
(b) carelessly:-
Mr Renault gave evidence and used video coverage to show that at the start MYSISTERSASTART, driven by Mr Markham had drawn the outside of the second line. He pointed out NUI TOC TIEN who had also drawn on the second line and who was racing towards the rear of the field with MYSISTERSASTAR racing several lengths behind. Mr Renault stated that NUI TOC TIEN had suffered a flat tyre earlier in the event when the pace had eased but was still holding its position trailing another runner. Mr Renault then showed MYSISTERSASTAR improving forwards over the early stages to pick the field up and when coming up to trail NUI TOC TIEN did not ease sufficiently to avoid that horse resulting in MYSISTERSASTAR contacting the sulky wheel of NUI TOC TIEN. Subsequently, the sulky on NUI TOC TIEN collapsed with driver, Mr J Morrison, being dislodged from the sulky. He said that the right foot of MYSISTERSASTAR went through the tube with the left foot striking the sulky wheel heavily, which collapsed the undercarriage of the sulky. Mr Renault said that there was a slight easing of the pace in front of NUI TOC TIEN just prior to this incident but Mr Markham has driven carelessly by not noticing the slight ease in the pace and allowed his horse to get too close before acting to avoid running into the sulky of Mr Morrison. Mr Renault stated that Mr Markham has come from 4 lengths behind Mr Morrison and had improved quickly into the trail of NUI TOC TIEN eventually striking that horses sulky. He said that Mr Markham’s carelessness had extinguished the chances of both NUI TOC TIEN and MYSISTERSASTAR.
Submissions for Penalty:
Mr Renault informed the Committee that Mr Markham had career drives of 162 with 31 last season and 17 to date this season. He also informed the Committee that Mr Markham had a clear record regarding this rule. Mr Renault stated that the JCA Penalty Guide suggested a starting point of 10 drives or a fine of $500 for a breach of this Rule. He stated that Mr Markham had asked for a suspension as penalty in this case and requested that any suspension began immediately. Mr Renault said that Mr Markham normally has 1 to 2 drives per meeting and submitted that a 3 to 4-day suspension be considered as penalty in this case.
Reasons for Penalty:
In determining penalty, the Committee considered Mr Markham’s ready admission of the breach and his good penalty record. We also considered this breach to be mid-range in regards to his carelessness with the consequences being at a high level. The Penalty Guide suggests a starting point of a 10-drive suspension for a breach of this Rule and in adopting that starting point, determined that an uplift of 2 drives was required for the high level of consequences of his carelessness. We were however able to afford Mr Markham a discount of 2 drives for his admission of the breach and a further 2 drives for his good record and status as a Junior Driver. We therefore determined that an 8-drive suspension was an appropriate penalty with this charge. As Mr Markham drives on average 1 to 2 times a meeting we determined that a 4-day suspension was a meaningful term of suspension in this case.
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: 98cf8806d7f72aeb4ddd5e9a5aa8a7fc
informantnumber: A1690
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless driving
plea: admitted
penaltyrequired: 1
decisiondate: 29/11/2016
hearing_title: Geraldine TC 26 November 2016 - R 11 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 11, the Turley Farms Mobile Pace, an information was filed by Stipendiary Steward Mr S Renault against Junior Horseman Mr J Markham, alleging a breach of Rule 869(3) (b) in that he drove carelessly by allowing MYSISTERSASTAR to run up behind NUI TOC TIEN, causing his horse to strike the wheel of NUI TOC TIEN which resulted in the sulky of NUI TOC TIEN collapsing.
Mr Markham had indicated on the Information that this breach of the Rules was admitted. Mr Markham had also informed the Stewards that he did not wish to be present at the hearing.
Rule 869(3)(b) reads as follows:
“(3) No horseman in any race shall drive:-
(b) carelessly:-
Mr Renault gave evidence and used video coverage to show that at the start MYSISTERSASTART, driven by Mr Markham had drawn the outside of the second line. He pointed out NUI TOC TIEN who had also drawn on the second line and who was racing towards the rear of the field with MYSISTERSASTAR racing several lengths behind. Mr Renault stated that NUI TOC TIEN had suffered a flat tyre earlier in the event when the pace had eased but was still holding its position trailing another runner. Mr Renault then showed MYSISTERSASTAR improving forwards over the early stages to pick the field up and when coming up to trail NUI TOC TIEN did not ease sufficiently to avoid that horse resulting in MYSISTERSASTAR contacting the sulky wheel of NUI TOC TIEN. Subsequently, the sulky on NUI TOC TIEN collapsed with driver, Mr J Morrison, being dislodged from the sulky. He said that the right foot of MYSISTERSASTAR went through the tube with the left foot striking the sulky wheel heavily, which collapsed the undercarriage of the sulky. Mr Renault said that there was a slight easing of the pace in front of NUI TOC TIEN just prior to this incident but Mr Markham has driven carelessly by not noticing the slight ease in the pace and allowed his horse to get too close before acting to avoid running into the sulky of Mr Morrison. Mr Renault stated that Mr Markham has come from 4 lengths behind Mr Morrison and had improved quickly into the trail of NUI TOC TIEN eventually striking that horses sulky. He said that Mr Markham’s carelessness had extinguished the chances of both NUI TOC TIEN and MYSISTERSASTAR.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Markham had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
sumissionsforpenalty:
Mr Renault informed the Committee that Mr Markham had career drives of 162 with 31 last season and 17 to date this season. He also informed the Committee that Mr Markham had a clear record regarding this rule. Mr Renault stated that the JCA Penalty Guide suggested a starting point of 10 drives or a fine of $500 for a breach of this Rule. He stated that Mr Markham had asked for a suspension as penalty in this case and requested that any suspension began immediately. Mr Renault said that Mr Markham normally has 1 to 2 drives per meeting and submitted that a 3 to 4-day suspension be considered as penalty in this case.
reasonsforpenalty:
In determining penalty, the Committee considered Mr Markham’s ready admission of the breach and his good penalty record. We also considered this breach to be mid-range in regards to his carelessness with the consequences being at a high level. The Penalty Guide suggests a starting point of a 10-drive suspension for a breach of this Rule and in adopting that starting point, determined that an uplift of 2 drives was required for the high level of consequences of his carelessness. We were however able to afford Mr Markham a discount of 2 drives for his admission of the breach and a further 2 drives for his good record and status as a Junior Driver. We therefore determined that an 8-drive suspension was an appropriate penalty with this charge. As Mr Markham drives on average 1 to 2 times a meeting we determined that a 4-day suspension was a meaningful term of suspension in this case.
penalty:
Accordingly, Mr Markham’s Junior Horseman’s licence is suspended from the conclusion of racing today 26 November up to and including 8 December 2016. This suspension encompasses the meetings at Addington 2 December, Oamaru 3 December, Methven 4 December and Addington on 8 December 2016.
hearing_type: Hearing
Rules: 869 (3) (b)
Informant: S Renault-Stipendiary Steward
JockeysandTrainer: J Markham-Junior Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 0c6d7c675aa496ade784c638542cdc70
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R11
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 6f25160ab0239f49a611af8fc7a98dda
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 26/11/2016
meet_title: Geraldine TC - 26 November 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: geraldine-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: GClapp
meet_pm2: none
name: Geraldine TC