Archive Decision

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Hororata TC 24 February 2012 – R 6

ID: JCA14478

Applicant:
Mr NM Ydgren - Stipendiary Steward

Respondent(s):
Mr TJ Ward - Advance Amateur Driver

Information Number:
A5082

Hearing Type:
Hearing

Rules:
869(3)(b)

Plea:
admitted

Meet Title:
Hororata TC - 24 February 2012

Meet Chair:
JPhelan

Meet Committee Member 1:
RMcKenzie

Race Date:
2012/02/24

Race Number:
R 6

Decision:

As Mr Ward had admitted this breach of the Rules, it was found to be proved in accordance with Rule 1111(1)(d).

Penalty:

Mr Ward was fined the sum of $250-00.

Charge:

Alleged breach of Rule 869(3)(b).

Facts:

Following the running of Race 6, the Bishopdale/Bush Inn TAB Amateur Drivers Mobile Pace, an Information was filed by Stipendiary Steward Mr N. M. Ydgren alleging careless driving by Mr T. J. Ward, the driver of “Courageous Boy” (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 Courageous Boy carelessly when racing into the first bend causing Kotare Keisha to break.”

Rules 869(3)(b) reads as follows,
“(3) No horseman in any race shall drive:-
(b) carelessly..”

Mr Ward had indicated on the Information that this breach of the Rules was admitted’ and he confirmed this at the hearing. Mr Ward 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 when racing into the first bend in this 1950 metre mobile start race Mr Ward came across too quickly. The result was that Ms L. C. Beagley, driving Kotare Keisha” (2), ran out of room. There was contact and “Kotare Keisha” broke and lost its chance in the race.

When asked, Mr Ward had no comments to make about the facts of the matter.

Submissions for Penalty:

In relation to penalty Mr Ydgren advised that Mr Ward had not previously breached this Rule, and had admitted it. Mr Ydgren referred to the Penalty Guide which gave a starting point of a fine of $400-00 for a breach of this Rule. Mr Ydgren submitted that in this case a fine of $250-00 would be appropriate.

Mr Ward had no submissions to make regarding penalty.

Reasons for Penalty:

In relation to penalty we took into account that Mr Ward, to his credit, had admitted the breach, and had a good record. We also took into account that “Kotare Keisha” had lost its chance in the race.

Taking all the above matters into account we were satisfied 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: 8860d895c31a8c0540c3059d47c10665


informantnumber: A5082


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 28/02/2012


hearing_title: Hororata TC 24 February 2012 - R 6


charge:

Alleged breach of Rule 869(3)(b).


facts:

Following the running of Race 6, the Bishopdale/Bush Inn TAB Amateur Drivers Mobile Pace, an Information was filed by Stipendiary Steward Mr N. M. Ydgren alleging careless driving by Mr T. J. Ward, the driver of “Courageous Boy” (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 Courageous Boy carelessly when racing into the first bend causing Kotare Keisha to break.”

Rules 869(3)(b) reads as follows,
“(3) No horseman in any race shall drive:-
(b) carelessly..”

Mr Ward had indicated on the Information that this breach of the Rules was admitted’ and he confirmed this at the hearing. Mr Ward 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 when racing into the first bend in this 1950 metre mobile start race Mr Ward came across too quickly. The result was that Ms L. C. Beagley, driving Kotare Keisha” (2), ran out of room. There was contact and “Kotare Keisha” broke and lost its chance in the race.

When asked, Mr Ward had no comments to make about the facts of the matter.


reasonsfordecision:


Decision:

As Mr Ward had admitted this breach of the Rules, it was found to be proved in accordance with Rule 1111(1)(d).


sumissionsforpenalty:

In relation to penalty Mr Ydgren advised that Mr Ward had not previously breached this Rule, and had admitted it. Mr Ydgren referred to the Penalty Guide which gave a starting point of a fine of $400-00 for a breach of this Rule. Mr Ydgren submitted that in this case a fine of $250-00 would be appropriate.

Mr Ward had no submissions to make regarding penalty.


reasonsforpenalty:

In relation to penalty we took into account that Mr Ward, to his credit, had admitted the breach, and had a good record. We also took into account that “Kotare Keisha” had lost its chance in the race.

Taking all the above matters into account we were satisfied that a fine of $250-00 would be imposed in this case.


penalty:

Mr Ward was fined the sum of $250-00.


hearing_type: Hearing


Rules: 869(3)(b)


Informant: Mr NM Ydgren - Stipendiary Steward


JockeysandTrainer: Mr TJ Ward - Advance Amateur Driver


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 5c8b72283a95cb006d85569d7f6cca0a


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 6


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