Archive Decision

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Manawatu HRC 16 March 2014 – R 9

ID: JCA14372

Applicant:
Mr J Muirhead - Stipendiary Steward

Respondent(s):
Mr B Weaver - Open Horseman

Other Person:
Mr R Neal - Co-Chief Stipendiary Steward

Information Number:
A3772

Hearing Type:
Hearing

New Charge:
Careless Driving

Rules:
Rule 869(3)(b)

Plea:
admitted

Meet Title:
Manawatu HRC - 16 March 2014

Meet Chair:
TUtikere

Meet Committee Member 1:
NMoffatt

Race Date:
2014/03/16

Race Number:
Race 9

Decision:

Using the relevant films, Mr Neal identified Mr Weaver’s drive (PILOT OFFICER), located to the outside of Mr J Dickie’s Drive (SELL A BIT) as runners approached the first bend. Mr Weaver sought to obtain a position more adjacent to the running rail, and in doing so had forced Mr Dickie over the pylons. Mr Neal submitted that there was insufficient room for Mr Weaver to obtain such a position, but once there, he had attempted to relieve the pressure on Mr Dickie, but nonetheless he was in a position where Mr Dickie was forced to race in restricted room for some distance.

Mr Weaver had no comment to make.

As the charge was admitted, the committee found the charge proved.

Penalty:

Mr Weaver’s Horseman’s Licence is suspended from the close of racing on Sunday 16 March until the close of racing on 1 April 2014. This is to incorporate the two day Taranaki Meeting on 30 March and 1 April 2014.

Facts:

Following the running of Race 9 (Venus Bloodstock Mobile Pace 2000m), Information A3772 was filed with the judicial committee. It alleged a breach of Rule 869(3))(b), in that: “Horseman B Weaver drove PILOT OFFICER carelessly racing around the first bend forcing SELL A BIT (J Dickie) to race inside the marker line and contact pylons, braking (sic) losing its chance.”

Rule 869(3)(b) states: “No horseman in any race shall drive:- (b) carelessly;”

Submissions for Penalty:

In presenting Mr Weaver’s record, Mr Muirhead advised that Mr Weaver had received one warning within the previous 12 months and had a very good record for someone who drives in the Lower North Island and Central Districts area. The stewards submitted a suspension that covered the upcoming Taranaki Meetings would be sufficient.

Mr Weaver advised that over the two day Manawatu meetings, he had approximately 14 drives. He had nothing further to add, except to submit that he had a preference for a period of suspension rather than a fine.

Reasons for Penalty:

In reaching a decision regarding penalty, the committee considered all of the submissions placed before it. In mitigation it considered Mr Weaver’s early admission of the breach and his very good record, having not had any breaches within the last 12 months. Mr Weaver did place Mr Dickie in an unfortunate situation at an early stage of the race; however, Mr Weaver did attempt to rectify this at the earliest opportunity albeit by that stage the damage had already been done. The committee considered a period of suspension as appropriate on this occasion.

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: 7baf18277963bd9e60caf727b4a6f21e


informantnumber: A3772


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Driving


plea: admitted


penaltyrequired: 1


decisiondate: 10/03/2014


hearing_title: Manawatu HRC 16 March 2014 - R 9


charge:


facts:

Following the running of Race 9 (Venus Bloodstock Mobile Pace 2000m), Information A3772 was filed with the judicial committee. It alleged a breach of Rule 869(3))(b), in that: “Horseman B Weaver drove PILOT OFFICER carelessly racing around the first bend forcing SELL A BIT (J Dickie) to race inside the marker line and contact pylons, braking (sic) losing its chance.”

Rule 869(3)(b) states: “No horseman in any race shall drive:- (b) carelessly;”


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Using the relevant films, Mr Neal identified Mr Weaver’s drive (PILOT OFFICER), located to the outside of Mr J Dickie’s Drive (SELL A BIT) as runners approached the first bend. Mr Weaver sought to obtain a position more adjacent to the running rail, and in doing so had forced Mr Dickie over the pylons. Mr Neal submitted that there was insufficient room for Mr Weaver to obtain such a position, but once there, he had attempted to relieve the pressure on Mr Dickie, but nonetheless he was in a position where Mr Dickie was forced to race in restricted room for some distance.

Mr Weaver had no comment to make.

As the charge was admitted, the committee found the charge proved.


sumissionsforpenalty:

In presenting Mr Weaver’s record, Mr Muirhead advised that Mr Weaver had received one warning within the previous 12 months and had a very good record for someone who drives in the Lower North Island and Central Districts area. The stewards submitted a suspension that covered the upcoming Taranaki Meetings would be sufficient.

Mr Weaver advised that over the two day Manawatu meetings, he had approximately 14 drives. He had nothing further to add, except to submit that he had a preference for a period of suspension rather than a fine.


reasonsforpenalty:

In reaching a decision regarding penalty, the committee considered all of the submissions placed before it. In mitigation it considered Mr Weaver’s early admission of the breach and his very good record, having not had any breaches within the last 12 months. Mr Weaver did place Mr Dickie in an unfortunate situation at an early stage of the race; however, Mr Weaver did attempt to rectify this at the earliest opportunity albeit by that stage the damage had already been done. The committee considered a period of suspension as appropriate on this occasion.


penalty:

Mr Weaver’s Horseman’s Licence is suspended from the close of racing on Sunday 16 March until the close of racing on 1 April 2014. This is to incorporate the two day Taranaki Meeting on 30 March and 1 April 2014.


hearing_type: Hearing


Rules: Rule 869(3)(b)


Informant: Mr J Muirhead - Stipendiary Steward


JockeysandTrainer: Mr B Weaver - Open Horseman


Otherperson: Mr R Neal - Co-Chief Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 87d5e4fdcfe28c5b3fee8bf5a2f9a109


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: Race 9


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 21f96dcca21954e8965909c6aabf108d


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 16/03/2014


meet_title: Manawatu HRC - 16 March 2014


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: manawatu-hrc


meet_racingtype: harness-racing


meet_chair: TUtikere


meet_pm1: NMoffatt


meet_pm2: none


name: Manawatu HRC