Kaikoura TC 3 November 2014 – R 9
ID: JCA11929
Meet Title:
Kaikoura TC - 3 November 2014
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2014/11/03
Race Number:
R9
Decision:
As Mr Williams admitted the breach the charge was found to be proved.
Penalty:
Mr Williams was fined the sum of $275.
Facts:
Following the running of Race 9, the PGG Wrightson Sales Series Aged Handicap Pace, an information was filed by Stipendiary Steward, Mr N Ydgren, against Licensed Open Horseman, Mr T Williams alleging that Mr Williams, as the driver of METICULOUS in the race, drove in a careless manner by allowing his horse to strike the sulky wheel of THAT GUY FINN when passing the 600m.
Mr Williams had indicated on the information that the breach was admitted. He had also informed the Stewards that he did not wish to be present at the hearing.
Rule 869 (3) (b provides as follows:
(3) No horseman in any race shall drive:-
(b) carelessly;
Mr Ydgren gave evidence and replayed video films of the incident to show that passing the 600m Mr Williams, driving METICULOUS, was racing in the trail of THAT GUY FINN, driven by Mr T Chmiel, when he shifted out to a ½ out position on the wheel of THAT GUY FINN. Mr Ydgren stated that Mr Williams maintained that position for some time and when in the process of shifting back down to take up the position behind THAT GUY FINN, METICULOUS struck the sulky wheel of THAT GUY FINN causing the tyre to deflate. Mr Ydgren stated that THAT GUY FINN gave ground shortly afterward to which the deflated tyre which may have had some bearing on the horse's performance.
Submissions for Penalty:
Mr Ydgren told the Committee that Mr Williams had a clear record in regard to the rule and had admitted the breach at the earliest opportunity. He stated that the Stewards believed the level of the breach to be low to mid. He also said that the status of the race, being a $50,000 event, should be taken into consideration. Mr Ydgren submitted that a fine of around $250 be imposed in this case.
Reasons for Penalty:
In determining penalty the Committee took into account Mr Williams' clear penalty record and his ready admission of the breach as mitigating factors. Against this we took into consideration the status of the race and the point of the race where the breach occurred as aggravating factors. The Committee agreed with the Stewards in assessing the breach at the low to mid-level. The JCA Penalty Guide provides a starting point of $300 for a breach of this rule. In taking that starting point we were able to give Mr Williams a discount of $50 for his clear record and a further $50 for his admission of the breach. Taking the aggravating factors of the status of the race and the point where the breach occurred into account, the Committee determined that an uplift of $75 was required. We therefore determined that a fine of $275 was an appropriate penalty 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: 2c435e18c33118214216b792b1a7341c
informantnumber: A6161
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of Rule 869(3)(b) Careless driving
plea: admitted
penaltyrequired: 1
decisiondate: 01/11/2014
hearing_title: Kaikoura TC 3 November 2014 - R 9
charge:
facts:
Following the running of Race 9, the PGG Wrightson Sales Series Aged Handicap Pace, an information was filed by Stipendiary Steward, Mr N Ydgren, against Licensed Open Horseman, Mr T Williams alleging that Mr Williams, as the driver of METICULOUS in the race, drove in a careless manner by allowing his horse to strike the sulky wheel of THAT GUY FINN when passing the 600m.
Mr Williams had indicated on the information that the breach was admitted. He had also informed the Stewards that he did not wish to be present at the hearing.
Rule 869 (3) (b provides as follows:
(3) No horseman in any race shall drive:-
(b) carelessly;
Mr Ydgren gave evidence and replayed video films of the incident to show that passing the 600m Mr Williams, driving METICULOUS, was racing in the trail of THAT GUY FINN, driven by Mr T Chmiel, when he shifted out to a ½ out position on the wheel of THAT GUY FINN. Mr Ydgren stated that Mr Williams maintained that position for some time and when in the process of shifting back down to take up the position behind THAT GUY FINN, METICULOUS struck the sulky wheel of THAT GUY FINN causing the tyre to deflate. Mr Ydgren stated that THAT GUY FINN gave ground shortly afterward to which the deflated tyre which may have had some bearing on the horse's performance.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Williams admitted the breach the charge was found to be proved.
sumissionsforpenalty:
Mr Ydgren told the Committee that Mr Williams had a clear record in regard to the rule and had admitted the breach at the earliest opportunity. He stated that the Stewards believed the level of the breach to be low to mid. He also said that the status of the race, being a $50,000 event, should be taken into consideration. Mr Ydgren submitted that a fine of around $250 be imposed in this case.
reasonsforpenalty:
In determining penalty the Committee took into account Mr Williams' clear penalty record and his ready admission of the breach as mitigating factors. Against this we took into consideration the status of the race and the point of the race where the breach occurred as aggravating factors. The Committee agreed with the Stewards in assessing the breach at the low to mid-level. The JCA Penalty Guide provides a starting point of $300 for a breach of this rule. In taking that starting point we were able to give Mr Williams a discount of $50 for his clear record and a further $50 for his admission of the breach. Taking the aggravating factors of the status of the race and the point where the breach occurred into account, the Committee determined that an uplift of $75 was required. We therefore determined that a fine of $275 was an appropriate penalty in this case.
penalty:
Mr Williams was fined the sum of $275.
hearing_type: Hearing
Rules: 869 (3) (b)
Informant: N Ydgren- Stipendiary Steward
JockeysandTrainer: T Williams-Licensed Open Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: add3a6d7501fd71c7c2918ea62ae2c23
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 509cd2758ff045c0a9a0caf8636859dc
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 03/11/2014
meet_title: Kaikoura TC - 3 November 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: kaikoura-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: Kaikoura TC