Geraldine TC 3 February 2018 – R 8 – Chair, Mr R McKenzie
ID: JCA12074
Meet Title:
Geraldine TC - 3 February 2018
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2018/02/03
Race Number:
R8
Decision:
Miss O’Reilly having admitted the charge, the charge was found proved.
Penalty:
Miss O’Reilly’s Junior Driver’s Licence is suspended from after the close of racing on 6 February up to and including 17 February 2018 – 3 days. The meetings encompassed by the period of suspension are Hororata TC on 11 February, NZ Metropolitan TC on 16 February and Oamaru TC on 17 February.
Facts:
Following the running of Race 8, Pinelea Farm “Terror to Love” Mobile Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Junior Driver, Miss S E O’Reilly, alleging that Miss O’Reilly, as the driver of HIGHLAND REIGN in the race, “drove carelessly when shifting outwards near the 350 metres checking MISS YOU (G D O’Reilly) on to MAD LU LI (K M Cox)”.
Miss O’Reilly had signed the Statement by the Respondent on the information form indicating that she admitted the breach. She was present at the hearing of the information and confirmed that she understood the Rule and the charge, and confirmed that she admitted the breach. She had received assistance from Licensed Open Horseman, Mr C J Markham, prior to pleading to the charge but was assisted at the hearing by Licensed Open Horseman, Mr G D O’Reilly.
Rule 869 provides as follows:
(3) No horseman in any race shall drive:-
(b) carelessly.
Mr Renault pointed out on video replays HIGHLAND REIGN, driven by Miss O’Reilly, racing towards the rear of the field passing the 400 metres. Behind her were MISS YOU (G D O’Reilly) and in last position was MAD LU LI (K M Cox). The runners fanned wide on the track as the field turned for home, Mr Renault said. Mr O’Reilly got to the outside of Miss O’Reilly. Miss O’Reilly then reached down to activate the removable deafeners, which allowed her horse to shift up the track and, as a result, her outside sulky wheel struck the hind leg of MISS YOU, Mr Renault said. Mr O’Reilly could be seen to be pulling on his right-hand reign in an attempt to avoid contact. That horse galloped and lost its chance.
Mr Renault pointed out that MAD LU LI, which was on the outside of Mr O’Reilly, had not contributed to the breaking of MISS YOU. All of the movement was from the inside, Mr Renault contended.
Miss O’Reilly said that she was endeavouring to keep her runner straight when activating the gear, but MISS YOU was there and MAD LU LI was on the outside of it. Mr Renault said that the amount of movement was not great but the three runners were racing in close proximity at the time.
When asked by the Committee, Mr O’Reilly said that the chances of his horse had been affected.
Submissions for Penalty:
Mr Renault informed the Committee that Miss O’Reilly has had 46 lifetime drives. She is in her first season of driving. She had been fined $300 on a careless driving charge at Oamaru HRC on 10 January 2018. Miss O’Reilly has had 13 drives since that charge.
He referred the Committee to the Penalty Guide starting point for a second breach of the Rule – a 3-days’ suspension. He submitted that the Committee should adopt a 4-days starting point on the basis that Mr O’Reilly’s horse had received a check and had been taken out of the race. The breach was otherwise in the low-to-mid range, he said. Against that, Miss O’Reilly is a Junior Driver and has admitted the breach, Mr Renault said. He submitted that a 3-days’ suspension would be appropriate.
Miss O’Reilly submitted that her outwards movement had not been great. Mr O’Reilly asked the Committee to consider a suspension of 2 days.
Miss O’Reilly said that she had a driving engagement at the meeting of Amberley TC on 6 February and she sought a deferment of any suspension until after that meeting.
Reasons for Penalty:
The Committee considered the penalty submissions of the parties. We took the Penalty Guide starting point of a 3-days’ suspension for a second breach of the Rule. Although the outwards movement was not great, Miss O’Reilly had been careless in allowing her runner to shift out when she activated the removable deafeners. For the aggravating factor of MISS YOU being eliminated from the race at a stage at which, we were satisfied, it was still in contention, we applied an uplift of 1 day to the starting point.
Mitigating factors were Miss O’Reilly’s admission of the breach and her raceday inexperience as a Junior Driver. We decided that a discount of 1 day was appropriate for a combination of those factors.
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: 2df7763435db5161d7884f638bbd34d8
informantnumber: A10155
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: admitted
penaltyrequired: 1
decisiondate: 05/02/2018
hearing_title: Geraldine TC 3 February 2018 - R 8 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 8, Pinelea Farm “Terror to Love” Mobile Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Junior Driver, Miss S E O’Reilly, alleging that Miss O’Reilly, as the driver of HIGHLAND REIGN in the race, “drove carelessly when shifting outwards near the 350 metres checking MISS YOU (G D O’Reilly) on to MAD LU LI (K M Cox)”.
Miss O’Reilly had signed the Statement by the Respondent on the information form indicating that she admitted the breach. She was present at the hearing of the information and confirmed that she understood the Rule and the charge, and confirmed that she admitted the breach. She had received assistance from Licensed Open Horseman, Mr C J Markham, prior to pleading to the charge but was assisted at the hearing by Licensed Open Horseman, Mr G D O’Reilly.
Rule 869 provides as follows:
(3) No horseman in any race shall drive:-
(b) carelessly.
Mr Renault pointed out on video replays HIGHLAND REIGN, driven by Miss O’Reilly, racing towards the rear of the field passing the 400 metres. Behind her were MISS YOU (G D O’Reilly) and in last position was MAD LU LI (K M Cox). The runners fanned wide on the track as the field turned for home, Mr Renault said. Mr O’Reilly got to the outside of Miss O’Reilly. Miss O’Reilly then reached down to activate the removable deafeners, which allowed her horse to shift up the track and, as a result, her outside sulky wheel struck the hind leg of MISS YOU, Mr Renault said. Mr O’Reilly could be seen to be pulling on his right-hand reign in an attempt to avoid contact. That horse galloped and lost its chance.
Mr Renault pointed out that MAD LU LI, which was on the outside of Mr O’Reilly, had not contributed to the breaking of MISS YOU. All of the movement was from the inside, Mr Renault contended.
Miss O’Reilly said that she was endeavouring to keep her runner straight when activating the gear, but MISS YOU was there and MAD LU LI was on the outside of it. Mr Renault said that the amount of movement was not great but the three runners were racing in close proximity at the time.
When asked by the Committee, Mr O’Reilly said that the chances of his horse had been affected.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Miss O’Reilly having admitted the charge, the charge was found proved.
sumissionsforpenalty:
Mr Renault informed the Committee that Miss O’Reilly has had 46 lifetime drives. She is in her first season of driving. She had been fined $300 on a careless driving charge at Oamaru HRC on 10 January 2018. Miss O’Reilly has had 13 drives since that charge.
He referred the Committee to the Penalty Guide starting point for a second breach of the Rule – a 3-days’ suspension. He submitted that the Committee should adopt a 4-days starting point on the basis that Mr O’Reilly’s horse had received a check and had been taken out of the race. The breach was otherwise in the low-to-mid range, he said. Against that, Miss O’Reilly is a Junior Driver and has admitted the breach, Mr Renault said. He submitted that a 3-days’ suspension would be appropriate.
Miss O’Reilly submitted that her outwards movement had not been great. Mr O’Reilly asked the Committee to consider a suspension of 2 days.
Miss O’Reilly said that she had a driving engagement at the meeting of Amberley TC on 6 February and she sought a deferment of any suspension until after that meeting.
reasonsforpenalty:
The Committee considered the penalty submissions of the parties. We took the Penalty Guide starting point of a 3-days’ suspension for a second breach of the Rule. Although the outwards movement was not great, Miss O’Reilly had been careless in allowing her runner to shift out when she activated the removable deafeners. For the aggravating factor of MISS YOU being eliminated from the race at a stage at which, we were satisfied, it was still in contention, we applied an uplift of 1 day to the starting point.
Mitigating factors were Miss O’Reilly’s admission of the breach and her raceday inexperience as a Junior Driver. We decided that a discount of 1 day was appropriate for a combination of those factors.
penalty:
Miss O’Reilly’s Junior Driver’s Licence is suspended from after the close of racing on 6 February up to and including 17 February 2018 – 3 days. The meetings encompassed by the period of suspension are Hororata TC on 11 February, NZ Metropolitan TC on 16 February and Oamaru TC on 17 February.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: S P Renault, Stipendiary Steward
JockeysandTrainer: S E O'Reilly, Licensed Junior Driver
Otherperson: G D O'Reilly, Licensed Open Horseman
PersonPresent:
Respondent:
StipendSteward:
raceid: a3aa5e99702b1ef512bc073005579293
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: bc2a2194ab3e4a5e3e6e6ea94ed7e35c
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 03/02/2018
meet_title: Geraldine TC - 3 February 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: geraldine-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: SChing
meet_pm2: none
name: Geraldine TC