Archive Decision

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Hawera HRC 20 April 2019 – R 7 – Chair, Mr T Utikere

ID: JCA11307

Applicant:
Mr J Muirhead - Senior Stipendiary Steward

Respondent(s):
Mr S Doody - Open Horseman

Information Number:
A12210

Hearing Type:
Hearing

New Charge:
Careless Driving

Rules:
Rule 869(3)(b)

Plea:
admitted

Meet Title:
Hawera HRC - 20 April 2019

Meet Chair:
TUtikere

Meet Committee Member 1:
TBird

Race Date:
2019/04/20

Race Number:
R7

Decision:

As the charge was admitted, the Committee deemed the charge proved.

Penalty:

Mr Doody is suspended from the conclusion of racing on Monday 22 April until the conclusion of racing on Thursday 2 May. This incorporates the Waikato (28 April), Wairarapa (30 April) and Manawatu (2 May) Meetings.

Facts:

Following the running of Race 7 (Sandford Bros Ltd/Coastal Agri Services Mobile Pace 2000m) Information A12210 was filed with the Judicial Committee. It alleged a breach of Rule 869(3)(b) and stated that “...S Doody allowed his drive to shift out checking XMAS BAY near the 250m”.
Mr Doody indicated on the signed Information that he admitted the breach, and also endorsed it with “I do not wish to be present at the hearing of this Information”.

Using the side-on film, Mr Muirhead identified Mr Doody driving MOTORING MAJOR, positioned four deep on the running line inside the 400 metres. He was looking to improve with an opportunity to shift out. Passing the 300 metres, he shifted out and in doing so caused a check to Mr Mitchell (XMAS BAY).  Using the back straight film, he was observed to be last on the rails, when he bumped Mr Mitchell after his outwards movement. This film also indicated that Mr Doody’s outwards movement could not be completed appropriately, due to the two horses racing immediately in front of him slowing, causing him to move his shoulder as a result. Mr Muirhead said that while Mr Doody had a bad run, including being checked immediately after the start and again whilst going over the crossing, this was still a safety issue.

Submissions for Penalty:

With regard to the JCA Penalty Guide starting points, Mr Muirhead stated that Mr Doody had indicated a preference for a period of suspension, with which the stewards concurred. Mr Muirhead submitted the level of carelessness as “medium”, and believed a three day suspension as appropriate. He indicated that Mr Doody would not have been going to the Auckland Meeting on 26th April, but that the Cambridge Meeting on 28th April could be included along with the two meetings at Manawatu Raceway.

Mr Doody was not present to make any submissions as to penalty.

Reasons for Penalty:

It is clear that Mr Doody, whilst eager to establish himself in a three wide position, has done so in a careless manner that had caused a significant check to Mr Mitchell. As such, we independently assess the carelessness to fall within the mid-range. We consider it appropriate to impose a period of suspension, and have had regard to the JCA Penalty Guidelines starting point of a 10 drives suspension. In mitigation we apply Mr Doody’s admission of the breach and his good record. In electing not to appear at the hearing, Mr Doody has potentially done himself a disservice as we have been unable to enquire directly with him as to the nature of his commitments at the upcoming Waikato and Manawatu Raceway Meetings. In the absence of such information, we are satisfied that he would likely have more drives over the two Manawatu Raceway meetings than at Cambridge Raceway. With this in mind, we still consider a three Meeting suspension as 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: 1bca204105fd97d79b15baa95dd2d36f


informantnumber: A12210


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Driving


plea: admitted


penaltyrequired: 1


decisiondate: 20/04/2019


hearing_title: Hawera HRC 20 April 2019 - R 7 - Chair, Mr T Utikere


charge:


facts:

Following the running of Race 7 (Sandford Bros Ltd/Coastal Agri Services Mobile Pace 2000m) Information A12210 was filed with the Judicial Committee. It alleged a breach of Rule 869(3)(b) and stated that “...S Doody allowed his drive to shift out checking XMAS BAY near the 250m”.
Mr Doody indicated on the signed Information that he admitted the breach, and also endorsed it with “I do not wish to be present at the hearing of this Information”.

Using the side-on film, Mr Muirhead identified Mr Doody driving MOTORING MAJOR, positioned four deep on the running line inside the 400 metres. He was looking to improve with an opportunity to shift out. Passing the 300 metres, he shifted out and in doing so caused a check to Mr Mitchell (XMAS BAY).  Using the back straight film, he was observed to be last on the rails, when he bumped Mr Mitchell after his outwards movement. This film also indicated that Mr Doody’s outwards movement could not be completed appropriately, due to the two horses racing immediately in front of him slowing, causing him to move his shoulder as a result. Mr Muirhead said that while Mr Doody had a bad run, including being checked immediately after the start and again whilst going over the crossing, this was still a safety issue.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As the charge was admitted, the Committee deemed the charge proved.


sumissionsforpenalty:

With regard to the JCA Penalty Guide starting points, Mr Muirhead stated that Mr Doody had indicated a preference for a period of suspension, with which the stewards concurred. Mr Muirhead submitted the level of carelessness as “medium”, and believed a three day suspension as appropriate. He indicated that Mr Doody would not have been going to the Auckland Meeting on 26th April, but that the Cambridge Meeting on 28th April could be included along with the two meetings at Manawatu Raceway.

Mr Doody was not present to make any submissions as to penalty.


reasonsforpenalty:

It is clear that Mr Doody, whilst eager to establish himself in a three wide position, has done so in a careless manner that had caused a significant check to Mr Mitchell. As such, we independently assess the carelessness to fall within the mid-range. We consider it appropriate to impose a period of suspension, and have had regard to the JCA Penalty Guidelines starting point of a 10 drives suspension. In mitigation we apply Mr Doody’s admission of the breach and his good record. In electing not to appear at the hearing, Mr Doody has potentially done himself a disservice as we have been unable to enquire directly with him as to the nature of his commitments at the upcoming Waikato and Manawatu Raceway Meetings. In the absence of such information, we are satisfied that he would likely have more drives over the two Manawatu Raceway meetings than at Cambridge Raceway. With this in mind, we still consider a three Meeting suspension as appropriate.


penalty:

Mr Doody is suspended from the conclusion of racing on Monday 22 April until the conclusion of racing on Thursday 2 May. This incorporates the Waikato (28 April), Wairarapa (30 April) and Manawatu (2 May) Meetings.


hearing_type: Hearing


Rules: Rule 869(3)(b)


Informant: Mr J Muirhead - Senior Stipendiary Steward


JockeysandTrainer: Mr S Doody - Open Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 4efeedcc48b0e7906a820659961fa461


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:


race_pm1:


race_pm2:


meetid: 2e5503bceb464d3068a4b354f574627f


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 20/04/2019


meet_title: Hawera HRC - 20 April 2019


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: hawera-hrc


meet_racingtype: harness-racing


meet_chair: TUtikere


meet_pm1: TBird


meet_pm2: none


name: Hawera HRC