Kaikoura TC 28 October 2018 – R 6 – Chair, Mr R McKenzie
ID: JCA16130
Meet Title:
Kaikoura TC - 28 October 2018
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2018/10/28
Race Number:
R6
Decision:
Mr McCormick having admitted the charge, the charge was found proved.
Penalty:
Mr McCormick’s Open Horseman’s Licence is suspended from after the close of racing on 29 October 2018 up to and including 9 November 2018 – 4 days. The meetings intended to be encompassed by the period of suspension are 2 November at NZ Metropolitan TC, 3 November at Timaru HRC, 8 November at Forbury Park TC and Rangiora HRC on 9 November 2018.
Facts:
Following the running of Race 6, More FM Marlborough Fasttrack Add $2.5K Mobile Trot, an information was filed by Chief Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Mr D D McCormick, alleging that Mr McCormick, as the driver of SUGAR CANE in the race, “drove carelessly when shifting outwards checking SHE AINT NO ANGEL (T M Williams) near the 600 metres which broke”.
Mr McCormick had signed the Statement by the Respondent on the information form indicating that he admitted the breach and, further, that he did not wish to be present at the hearing of the information.
Rule 869 provides as follows:
(3) No horseman in any race shall drive:-
(b) carelessly.
Mr Ydgren pointed out, racing to the 600 metres, Mr McCormick was racing four places back on the markers, in 7th position to the inside of MOTU GREAT SENSATION (B J Borcoskie). On the back of that runner was SHE AINT NO ANGEL (T M Williams). Mr Borcoskie then shifted out to lead up the 3-wide line, with Mr Williams improving onto his back The head-on video replay clearly showed the head of SUGAR CANE turned outwards and Mr McCormick shift out in an abrupt manner approaching the bend out of the back straight, Mr Ydgren alleged. Mr Williams was firmly established on the back of Mr Borcoskie and Mr McCormick did not have the necessary advantage over Mr Williams. However, he was able to gain an advantage by his abrupt movement which resulted in his locking wheels with Mr Williams, who was unable to relieve the pressure because of the locked wheels, Mr Ydgren said.
Submissions for Penalty:
Mr McCormick has a clear record, Mr Ydgren said. This season he has had 10 drives and he had 24 drives lasts season. He had informed the Stewards that he does intend driving his horses at upcoming meetings in Canterbury and he is also a regular attender at meetings at Forbury Park. Because of the level of carelessness, Stewards were seeking a suspension and, Mr Ydgren submitted, an appropriate term of suspension would be 4 days, which submission took into account Mr McCormick’s good record and admission of the breach.
The breach was in the mid-range and Mr Williams could have made a better effort to relieve the pressure. SHE AINT NO ANGEL had been put out of the race at a crucial stage, Mr Ydgren said.
Reasons for Penalty:
The Committee took the Penalty Guide starting point of a 10 drives suspension. The consequences of another runner being checked out of the race at the 600 metres was an aggravating factor, warranting an uplift in the starting point to 12 drives.
Mitigating factors in this case are Mr McCormick’s admission of the breach and his good record. For these, we give a discount of 2 drives.
On the basis of Mr McCormick having a likely 2-3 drives in each of the upcoming meetings in Canterbury and at Forbury Park, the Committee has settled on a suspension for 4 days.
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: c073bde4bba2d09ecdacf727b803c7b2
informantnumber: A12408
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: admitted
penaltyrequired: 1
decisiondate: 31/10/2018
hearing_title: Kaikoura TC 28 October 2018 - R 6 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 6, More FM Marlborough Fasttrack Add $2.5K Mobile Trot, an information was filed by Chief Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Mr D D McCormick, alleging that Mr McCormick, as the driver of SUGAR CANE in the race, “drove carelessly when shifting outwards checking SHE AINT NO ANGEL (T M Williams) near the 600 metres which broke”.
Mr McCormick had signed the Statement by the Respondent on the information form indicating that he admitted the breach and, further, that he did not wish to be present at the hearing of the information.
Rule 869 provides as follows:
(3) No horseman in any race shall drive:-
(b) carelessly.
Mr Ydgren pointed out, racing to the 600 metres, Mr McCormick was racing four places back on the markers, in 7th position to the inside of MOTU GREAT SENSATION (B J Borcoskie). On the back of that runner was SHE AINT NO ANGEL (T M Williams). Mr Borcoskie then shifted out to lead up the 3-wide line, with Mr Williams improving onto his back The head-on video replay clearly showed the head of SUGAR CANE turned outwards and Mr McCormick shift out in an abrupt manner approaching the bend out of the back straight, Mr Ydgren alleged. Mr Williams was firmly established on the back of Mr Borcoskie and Mr McCormick did not have the necessary advantage over Mr Williams. However, he was able to gain an advantage by his abrupt movement which resulted in his locking wheels with Mr Williams, who was unable to relieve the pressure because of the locked wheels, Mr Ydgren said.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr McCormick having admitted the charge, the charge was found proved.
sumissionsforpenalty:
Mr McCormick has a clear record, Mr Ydgren said. This season he has had 10 drives and he had 24 drives lasts season. He had informed the Stewards that he does intend driving his horses at upcoming meetings in Canterbury and he is also a regular attender at meetings at Forbury Park. Because of the level of carelessness, Stewards were seeking a suspension and, Mr Ydgren submitted, an appropriate term of suspension would be 4 days, which submission took into account Mr McCormick’s good record and admission of the breach.
The breach was in the mid-range and Mr Williams could have made a better effort to relieve the pressure. SHE AINT NO ANGEL had been put out of the race at a crucial stage, Mr Ydgren said.
reasonsforpenalty:
The Committee took the Penalty Guide starting point of a 10 drives suspension. The consequences of another runner being checked out of the race at the 600 metres was an aggravating factor, warranting an uplift in the starting point to 12 drives.
Mitigating factors in this case are Mr McCormick’s admission of the breach and his good record. For these, we give a discount of 2 drives.
On the basis of Mr McCormick having a likely 2-3 drives in each of the upcoming meetings in Canterbury and at Forbury Park, the Committee has settled on a suspension for 4 days.
penalty:
Mr McCormick’s Open Horseman’s Licence is suspended from after the close of racing on 29 October 2018 up to and including 9 November 2018 – 4 days. The meetings intended to be encompassed by the period of suspension are 2 November at NZ Metropolitan TC, 3 November at Timaru HRC, 8 November at Forbury Park TC and Rangiora HRC on 9 November 2018.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: N M Ydgren, Chief Stipendiary Steward
JockeysandTrainer: D D McCormick, Licensed Open Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: d5f808f8e2fcdd08e4843ba4b13166cb
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: d1b0021c4f3de41e1beb67fa0d7c9c1c
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 28/10/2018
meet_title: Kaikoura TC - 28 October 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: kaikoura-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: SChing
meet_pm2: none
name: Kaikoura TC