Kapiti Coast HRC 4 February 2018 – R 9 – Chair, Mr P Williams
ID: JCA15341
Meet Title:
Kapiti Coast HRC - 4 February 2018
Meet Chair:
PWilliams
Meet Committee Member 1:
TUtikere
Race Date:
2018/02/04
Race Number:
R10
Decision:
Penalty:
Mr Best is suspended from the close of racing today – 4 February 2018 until the close of racing on 15 February 2018 – the 2 days being the Manawatu HRC meetings on 13 and 15 February 2018.
Facts:
Following the running of Race 9, the “Wings International Handicap Trot”, Information A4465 was lodged by Stipendiary Steward Mr S Mulcay alleging a breach of Rule 869(3)(b) by Junior Horseman Mr J Best. The Information stated “Mr Best drove carelessly approaching the 1000m by contacting the sulky of “Burt Munro” causing his own gelding to break”.
Mr Best signed the Information indicating he admitted the breach and at the beginning of the hearing confirmed that was correct and that he understood the Rule under which he was charged. He was assisted at the hearing by Public Trainer Ms N Chilcott.
Rule 869(3)(b) states:- “No horseman in any race shall drive carelessly”.
Mr Mulcay showed the side-on and head-on films of the horses travelling down the back straight near the 1200m. Mr Mulcay said Mr Best was travelling next to the markers in mid field a few lengths behind “Burt Munro”. He said as Mr Best approached the 1000m point he improved up onto the back of Ms Branch driving “Burt Munro” but misjudged the distance between them, attempted to take hold of his horse but ran into the back of Ms Branch contacting her sulky and broke losing considerable ground.
Mr Best said he was making up good ground after breaking earlier in the race. He said as he was getting closer to “Burt Munro” he was trying to slow down but having driven the horse on the first day of the meeting knew he couldn’t “grab’ the horse as much as he possibly should have for fear of him going into a break. He said it was a case of “too little too late” and he ended up running into the back of Ms Branch. To a question from the Committee Mr Best said he made contact with the sulky of “Burt Munro”.
Ms Chilcott used the head-on film to show that, in her view, prior to the incident Ms Branch looked to her outer and commenced to move out before then straightening back up. She asked Mr Best if he thought Ms Branch was going to continue to move out and allow him to take up the vacated space and he said that he did see her move out and thought he could move forward but then she decided not to continue her outward movement. In response, Mr Mulcay agreed there was some outward movement by Ms Branch but then she immediately straightened. He added that Mr Best had not raised this particular matter when questioned immediately after the Race.
Submissions for Penalty:
Mr Mulcay said this was the first time Mr Best had appeared on a charge under this Rule. He said the JCA’s Penalty Guidelines state that the starting point for a breach of this Rule where a driver hits another’s wheel is a 6 drives suspension or a $300 fine. He asked the Committee to note that Mr Best had admitted the breach of the Rule but his actions had caused his horse to break although no other horse was affected. He did not make a submission as to an appropriate penalty.
Ms Chilcott said that after discussions with Mr Best it was his preference that he be given a period of suspension rather than a fine.
Reasons for Penalty:
The Committee has reviewed the available films of the incident and considered the submissions of all parties. Mr Best has not disputed that he misjudged his approach to the horse racing a few lengths in front of him approaching the 1000m point and as a result ran into the back of Ms Branch the driver of “Burt Munro” contacting her sulky wheel and causing his horse to break. Whilst the Committee notes that immediately prior to the contact occurring Ms Branch did momentarily move slightly outwards before straightening back up, the speed at which Mr Best was approaching Ms Branch and Mr Best’s concern about his horse’s reaction should he overly restrain him led to the contact occurring.
The Committee notes this is Mr Best’s first breach of this Rule and his frank admission of the breach. The Committee considers the severity of the breach to be low as no other horses were impacted and “Burt Munro” did finish the race in 4th place. Finally, we note Mr Best’s preference for a penalty of a period of suspension rather than a fine.
Mr Mulcay was unable to advise how many drives Mr Best has had in the 17/18 season although the Committee notes he had two drives on the first day of this meeting and two today.
The Committee has decided on this occasion that a period of suspension is an appropriate penalty and Mr Best is suspended for 2 driving 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: 8710718be69476a11e702553433f941f
informantnumber: A4465
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: admitted
penaltyrequired: 1
decisiondate: 05/02/2018
hearing_title: Kapiti Coast HRC 4 February 2018 - R 9 - Chair, Mr P Williams
charge:
facts:
Following the running of Race 9, the “Wings International Handicap Trot”, Information A4465 was lodged by Stipendiary Steward Mr S Mulcay alleging a breach of Rule 869(3)(b) by Junior Horseman Mr J Best. The Information stated “Mr Best drove carelessly approaching the 1000m by contacting the sulky of “Burt Munro” causing his own gelding to break”.
Mr Best signed the Information indicating he admitted the breach and at the beginning of the hearing confirmed that was correct and that he understood the Rule under which he was charged. He was assisted at the hearing by Public Trainer Ms N Chilcott.
Rule 869(3)(b) states:- “No horseman in any race shall drive carelessly”.
Mr Mulcay showed the side-on and head-on films of the horses travelling down the back straight near the 1200m. Mr Mulcay said Mr Best was travelling next to the markers in mid field a few lengths behind “Burt Munro”. He said as Mr Best approached the 1000m point he improved up onto the back of Ms Branch driving “Burt Munro” but misjudged the distance between them, attempted to take hold of his horse but ran into the back of Ms Branch contacting her sulky and broke losing considerable ground.
Mr Best said he was making up good ground after breaking earlier in the race. He said as he was getting closer to “Burt Munro” he was trying to slow down but having driven the horse on the first day of the meeting knew he couldn’t “grab’ the horse as much as he possibly should have for fear of him going into a break. He said it was a case of “too little too late” and he ended up running into the back of Ms Branch. To a question from the Committee Mr Best said he made contact with the sulky of “Burt Munro”.
Ms Chilcott used the head-on film to show that, in her view, prior to the incident Ms Branch looked to her outer and commenced to move out before then straightening back up. She asked Mr Best if he thought Ms Branch was going to continue to move out and allow him to take up the vacated space and he said that he did see her move out and thought he could move forward but then she decided not to continue her outward movement. In response, Mr Mulcay agreed there was some outward movement by Ms Branch but then she immediately straightened. He added that Mr Best had not raised this particular matter when questioned immediately after the Race.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
sumissionsforpenalty:
Mr Mulcay said this was the first time Mr Best had appeared on a charge under this Rule. He said the JCA’s Penalty Guidelines state that the starting point for a breach of this Rule where a driver hits another’s wheel is a 6 drives suspension or a $300 fine. He asked the Committee to note that Mr Best had admitted the breach of the Rule but his actions had caused his horse to break although no other horse was affected. He did not make a submission as to an appropriate penalty.
Ms Chilcott said that after discussions with Mr Best it was his preference that he be given a period of suspension rather than a fine.
reasonsforpenalty:
The Committee has reviewed the available films of the incident and considered the submissions of all parties. Mr Best has not disputed that he misjudged his approach to the horse racing a few lengths in front of him approaching the 1000m point and as a result ran into the back of Ms Branch the driver of “Burt Munro” contacting her sulky wheel and causing his horse to break. Whilst the Committee notes that immediately prior to the contact occurring Ms Branch did momentarily move slightly outwards before straightening back up, the speed at which Mr Best was approaching Ms Branch and Mr Best’s concern about his horse’s reaction should he overly restrain him led to the contact occurring.
The Committee notes this is Mr Best’s first breach of this Rule and his frank admission of the breach. The Committee considers the severity of the breach to be low as no other horses were impacted and “Burt Munro” did finish the race in 4th place. Finally, we note Mr Best’s preference for a penalty of a period of suspension rather than a fine.
Mr Mulcay was unable to advise how many drives Mr Best has had in the 17/18 season although the Committee notes he had two drives on the first day of this meeting and two today.
The Committee has decided on this occasion that a period of suspension is an appropriate penalty and Mr Best is suspended for 2 driving days.
penalty:
Mr Best is suspended from the close of racing today – 4 February 2018 until the close of racing on 15 February 2018 – the 2 days being the Manawatu HRC meetings on 13 and 15 February 2018.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr S Mulcay - Senior Stipendiary Steward
JockeysandTrainer: Mr J Best - Junior Horseman
Otherperson: Ms N Chilcott- Public Trainer
PersonPresent:
Respondent:
StipendSteward:
raceid: 04193be68fea9f966a1b8f55147cbbe8
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R10
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 22f3d06282d0f30baf006149dbe81408
meet_expapproval:
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waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 04/02/2018
meet_title: Kapiti Coast HRC - 4 February 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: kapiti-coast-hrc
meet_racingtype: harness-racing
meet_chair: PWilliams
meet_pm1: TUtikere
meet_pm2: none
name: Kapiti Coast HRC