Hororata TC 24 February 2012 – R 1
ID: JCA17900
Meet Title:
Hororata TC - 24 February 2012
Meet Chair:
JPhelan
Meet Committee Member 1:
RMcKenzie
Race Date:
2012/02/24
Race Number:
R 1
Decision:
The charge was found to be proved.
Penalty:
On resuming the hearing we advised the parties of our reasons (see above) and that Mr Hutton was fined the sum of $250-00.
Charge:
Alleged breach of Rule 869(3)(b).
Facts:
Following the running of Race 1, the Mountain River Processors Mobile Pace, an Information was filed by Stipendiary Steward Mr N. M. Ydgren alleging careless driving by Mr B. C. Hutton, the driver of “Rusty Speed To Glory” (6).
The charge reads as follows.
“I the above named informant allege that the above named Respondent committed a breach of Rule 869(3)(b) (in that) you drove carelessly when shifting inwards near the 1750m contacting (Strandhill) I. Schwamm which broke.”
Rules 869(3)(b) reads as follows,
“(3) No horseman in any race shall drive:-
(b) carelessly..”
Mr Hutton had indicated on the Information that this breach of the Rules was not admitted and he confirmed this at the hearing. Mr Hutton also agreed that he understood the charge and the Rule it was brought under.
Submissions for Decision:
Mr Ydgren gave evidence and used video coverage to show that after about 200 metres in this 1950 metre mobile start race Mr Schwamm, driving “Strandhill” (6), had been tightened for room and broke for a few strides.
Mr Schwamm gave evidence that he had drawn 2 on the front line and that at the time of this incident he had a “tight hold” of his horse. When Mr Hutton came across he had nowhere to go as there was a horse on his inside, and he ran out of room. There was contact made by
Mr Hutton, but it was minor, and Mr Schwamm said it was “not a big thing”. Mr Schwamm also said that he was trying to get out of the way, but as he had a horse on his inside he could not do so.
Mr Hutton gave evidence that he thought that he was clear of Mr Schwamm at the time of this incident, and that he also thought that Mr Schwamm could have done more to avoid it. Mr Hutton agreed that there had been contact.
We adjourned to consider our decision.
Reasons for Decision:
We carefully reviewed the video coverage and the evidence. We were satisfied that after about 200 metres there was contact between “Rusty Speed To Glory” and “Strandhill”, with “Strandhill” breaking for a few strides.
Mr Schwamm gave evidence that he had a strong hold on his horse at the time of the incident, and that he had nowhere to go when Mr Hutton came across.
Mr Hutton said that he believed that Mr Schwamm should have done more to avoid this incident.
We were satisfied that Mr Schwamm did not contribute to this incident, and that Mr Hutton was careless in allowing contact.
Submissions for Penalty:
In relation to penalty Mr Ydgren advised that Mr Hutton had not previously breached this Rule, and said that the breach was “not the worst”. Mr Ydgren referred to the Penalty Guide which gives a starting point of a fine of $400-00, and submitted that a fine of $250-00 appropriate in this case.
Mr Hutton had no submissions to make regarding penalty.
We adjourned to consider the matter of penalty.
Reasons for Penalty:
In relation to penalty we took into account that Mr Hutton, to his credit, had a good record, and we considered the breach to be at the lower end of the scale of seriousness.
We looked at previous penalties imposed under this Rule. Taking all matters into account we decided that a fine of $250-00 would be imposed 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: fd082b96b75df397f8bb1b0a261fc641
informantnumber: A5081
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 1
decisiondate: 28/02/2012
hearing_title: Hororata TC 24 February 2012 - R 1
charge:
Alleged breach of Rule 869(3)(b).
facts:
Following the running of Race 1, the Mountain River Processors Mobile Pace, an Information was filed by Stipendiary Steward Mr N. M. Ydgren alleging careless driving by Mr B. C. Hutton, the driver of “Rusty Speed To Glory” (6).
The charge reads as follows.
“I the above named informant allege that the above named Respondent committed a breach of Rule 869(3)(b) (in that) you drove carelessly when shifting inwards near the 1750m contacting (Strandhill) I. Schwamm which broke.”
Rules 869(3)(b) reads as follows,
“(3) No horseman in any race shall drive:-
(b) carelessly..”
Mr Hutton had indicated on the Information that this breach of the Rules was not admitted and he confirmed this at the hearing. Mr Hutton also agreed that he understood the charge and the Rule it was brought under.
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren gave evidence and used video coverage to show that after about 200 metres in this 1950 metre mobile start race Mr Schwamm, driving “Strandhill” (6), had been tightened for room and broke for a few strides.
Mr Schwamm gave evidence that he had drawn 2 on the front line and that at the time of this incident he had a “tight hold” of his horse. When Mr Hutton came across he had nowhere to go as there was a horse on his inside, and he ran out of room. There was contact made by
Mr Hutton, but it was minor, and Mr Schwamm said it was “not a big thing”. Mr Schwamm also said that he was trying to get out of the way, but as he had a horse on his inside he could not do so.
Mr Hutton gave evidence that he thought that he was clear of Mr Schwamm at the time of this incident, and that he also thought that Mr Schwamm could have done more to avoid it. Mr Hutton agreed that there had been contact.
We adjourned to consider our decision.
reasonsfordecision:
We carefully reviewed the video coverage and the evidence. We were satisfied that after about 200 metres there was contact between “Rusty Speed To Glory” and “Strandhill”, with “Strandhill” breaking for a few strides.
Mr Schwamm gave evidence that he had a strong hold on his horse at the time of the incident, and that he had nowhere to go when Mr Hutton came across.
Mr Hutton said that he believed that Mr Schwamm should have done more to avoid this incident.
We were satisfied that Mr Schwamm did not contribute to this incident, and that Mr Hutton was careless in allowing contact.
Decision:
The charge was found to be proved.
sumissionsforpenalty:
In relation to penalty Mr Ydgren advised that Mr Hutton had not previously breached this Rule, and said that the breach was “not the worst”. Mr Ydgren referred to the Penalty Guide which gives a starting point of a fine of $400-00, and submitted that a fine of $250-00 appropriate in this case.
Mr Hutton had no submissions to make regarding penalty.
We adjourned to consider the matter of penalty.
reasonsforpenalty:
In relation to penalty we took into account that Mr Hutton, to his credit, had a good record, and we considered the breach to be at the lower end of the scale of seriousness.
We looked at previous penalties imposed under this Rule. Taking all matters into account we decided that a fine of $250-00 would be imposed in this case.
penalty:
On resuming the hearing we advised the parties of our reasons (see above) and that Mr Hutton was fined the sum of $250-00.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr NM Ydgren - Stipendiary Steward
JockeysandTrainer: Mr BC Hutton - Open Horseman
Otherperson: Mr IL Schwamm - Driver of STRANDHILL
PersonPresent:
Respondent:
StipendSteward:
raceid: 9249098faf54ad9cd15b2b45fd580e17
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: f8f01090de39903fc68e07fa7efa1ec2
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 24/02/2012
meet_title: Hororata TC - 24 February 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: hororata-tc
meet_racingtype: harness-racing
meet_chair: JPhelan
meet_pm1: RMcKenzie
meet_pm2: none
name: Hororata TC