Archive Decision

This decision has been migrated from the JCA website. Information is accurate but formatting may differ from contemporary decisions. Please contact us for any further enquiries.

Invercargill HRC – 17 February 2009 – Race 1

ID: JCA19864

Hearing Type:
Old Hearing

Rules:
869.3.b

Hearing Type (Code):
harness-racing

Meet Title:
Invercargill HRC - 17 February 2009

Race Date:
2009/02/17

Race Number:
Race 1

Decision: --

Rule 869(3)(b): Following the running of Race 1, The Mitavite Trot, an information was filed by Stipendiary Steward, Mr C Allison, alleging that with approximately 1300 metres to run, Mr B O'Connor (KELLY EVANDER) struck the wheel of DOC MARTIN, causing KELLY EVANDER to break.



--

Rule 869(3)(b): Following the running of Race 1, The Mitavite Trot, an information was filed by Stipendiary Steward, Mr C Allison, alleging that with approximately 1300 metres to run, Mr B O'Connor (KELLY EVANDER) struck the wheel of DOC MARTIN, causing KELLY EVANDER to break.

--

Mr O'Connor did not admit the charge.

--

Film of the incident shown by Mr Allison shows KELLY EVANDER catching the body of the field after being slow away. In doing so, KELLY EVANDER's off front leg strikes the sulky wheel of DOC MARTIN, driven by Mrs K Barclay, resulting in KELLY EVANDER breaking.

--

Mr O'Connor stated that he had been debating whether or not to improve up on the inside of Mrs Barclay. In deciding to improve along the inside, Mr O'Connor believed Mrs Barclay's horse moved inward slightly, contributing to the incident.

--

Mrs Barclay was adamant she was simply maintaining her line, determined by the horse she was following. She heard Mr O'Connor coming and he did not restrain his horse which hit her wheel.

--

In finding the charge of careless driving proven, the Committee could not determine any inward movement from Mrs Barclay and that the action of Mr O'Connor in not making his decision to improve on the inside of Mrs Barclay soon enough to avoid contact was the sole cause of the contact made.

--

In assessing penalty, Mr Allison stated that the carelessness was at the lower end, but that there was no contributing factors to mitigate the incident. Mr Allison suggested a $200 fine or a two day suspension would be appropriate given his clear record.

--

Mr O'Connor said he would prefer a suspension to a fine in this situation.

--

The Committee considers a suspension to be preferred option and Mr O'Connor is suspended for a period of two days in the Otago/Southland Region, up to and including 5th March 2009.

--

 

--

N Skelt

--

Chairman

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: 408cc3ad879127552e9d9fdd729a0cfe


informantnumber:


horsename:


hearing_racingtype: harness-racing


startdate: 17/02/2009


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Invercargill HRC - 17 February 2009 - Race 1


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

--

Rule 869(3)(b): Following the running of Race 1, The Mitavite Trot, an information was filed by Stipendiary Steward, Mr C Allison, alleging that with approximately 1300 metres to run, Mr B O'Connor (KELLY EVANDER) struck the wheel of DOC MARTIN, causing KELLY EVANDER to break.



--

Rule 869(3)(b): Following the running of Race 1, The Mitavite Trot, an information was filed by Stipendiary Steward, Mr C Allison, alleging that with approximately 1300 metres to run, Mr B O'Connor (KELLY EVANDER) struck the wheel of DOC MARTIN, causing KELLY EVANDER to break.

--

Mr O'Connor did not admit the charge.

--

Film of the incident shown by Mr Allison shows KELLY EVANDER catching the body of the field after being slow away. In doing so, KELLY EVANDER's off front leg strikes the sulky wheel of DOC MARTIN, driven by Mrs K Barclay, resulting in KELLY EVANDER breaking.

--

Mr O'Connor stated that he had been debating whether or not to improve up on the inside of Mrs Barclay. In deciding to improve along the inside, Mr O'Connor believed Mrs Barclay's horse moved inward slightly, contributing to the incident.

--

Mrs Barclay was adamant she was simply maintaining her line, determined by the horse she was following. She heard Mr O'Connor coming and he did not restrain his horse which hit her wheel.

--

In finding the charge of careless driving proven, the Committee could not determine any inward movement from Mrs Barclay and that the action of Mr O'Connor in not making his decision to improve on the inside of Mrs Barclay soon enough to avoid contact was the sole cause of the contact made.

--

In assessing penalty, Mr Allison stated that the carelessness was at the lower end, but that there was no contributing factors to mitigate the incident. Mr Allison suggested a $200 fine or a two day suspension would be appropriate given his clear record.

--

Mr O'Connor said he would prefer a suspension to a fine in this situation.

--

The Committee considers a suspension to be preferred option and Mr O'Connor is suspended for a period of two days in the Otago/Southland Region, up to and including 5th March 2009.

--

 

--

N Skelt

--

Chairman


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Old Hearing


Rules: 869.3.b


Informant:


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: ab321e87559b22f3ef7df9ce2379ce1f


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: Race 1


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: bcdd89863a4d402887a0f81a64bbcfb6


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 17/02/2009


meet_title: Invercargill HRC - 17 February 2009


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: invercargill-hrc


meet_racingtype: harness-racing


meet_chair:


meet_pm1:


meet_pm2:


name: Invercargill HRC