Manawatu HRC 23 February 2012 – R 5
ID: JCA11947
Meet Title:
Manawatu HRC - 23 February 2012
Meet Chair:
TUtikere
Meet Committee Member 1:
PWilliams
Race Date:
2012/02/23
Race Number:
Race 5
Decision:
As the charge was admitted it was found to be proved.
Penalty:
Mr Doody was fined the sum of $250.
Charge:
Following Race 5, Licensed Horseman S Doody was charged under Rule 869(3)(b). The information stated: ”Horseman S Doody drove STORMY TARA carelessly, between the 1000m and 900m, attempting to hold a position outside the improving ARTYS ON FIRE (S Lawson) causing his own horse to break from its gait”.
Facts:
Mr Doody was not present for the hearing, but had indicated on the Information that he did admit the breach of the rule, and that he did not wish to be present at the hearing. As the Information had been signed by the respondent, the committee proceeded with the hearing of the Information.
Using the available films, Mr Muirhead identified the runners concerned, racing with approximately 1200m to run. ARTYS ON FIRE (S Lawson) was located to the inside of STORMY TARA (S Doody) at the very rear of the field. Upon approaching the 1000m Mr Lawson sought to improve his horse outwards, which Stewards submitted he was entitled to do. Mr Muirhead used the film to indicate to the committee Mr Doody turning his horse’s head inwards, in an attempt to hold ARTYS ON FIRE in. The Stewards submitted that it was permissible for such action to occur when two horses were on par with each other, but when horses were not on par with each other, and such a manoeuvre was undertaken, they submitted that the effect would be that the horse would become unbalanced. The side-on film was used to demonstrate ARTYS ON FIRE’s head in advance of Mr Doody’s horse to its outside. Stewards believed it was at this point that Mr Lawson had the advantage, and Mr Doody was required to concede this position. As he did not, the result was that STORMY TARA broke and the Stewards submitted such action was deemed to be careless. The side-on film also indicated that Mr Lawson had at least a head’s advantage when Mr Doody pulled his left-hand rein to try and prevent ARTYS ON FIRE from improving.
Submissions for Penalty:
Mr Taumanu indicated to the committee that Mr Doody was a busy driver who had a clean record, with no breaches within the last 12 months. The stewards submitted that in their view the carelessness sat at below the mid-range and a fine in the vicinity of $250 was appropriate.
Reasons for Penalty:
Mr Doody was charged with a breach of Rule 869(3)(b). Whilst he elected to not be present at the hearing, the committee was able to review the incident in question via the available films. It was clear from the films that with approximately 950 metres to run, ARTYS ON FIRE was positioned ahead of STORMY TARA. It was also evident from the movement of both horses’ heads, as displayed on the films, that Mr Lawson angled ARTYS ON FIRE outwards in an attempt to improve to the outside of the field. It was also clear that Mr Doody turned STORMY TARA’s head inwards quite abruptly, but as he was positioned behind ARTYS ON FIRE, Mr Doody’s horse lost its balance and went into a break.
The committee considered the submissions placed before it, and whilst the JCA Penalty Guidelines indicated a starting point of a $400 fine or a suspension of eight (8) drives, the committee believed a monetary fine was appropriate and adopted a starting point of $400. In mitigation the committee took into account Mr Doody’s early admittance of the breach, and his excellent record; having no breaches within the last 12 months. Whilst it was very fortunate that Mr Doody’s carelessness limited the effect to only his own horse, an aggravating feature is the impact that this had on those members of the public who had placed investments on STORMY TARA. The committee also considered penalties imposed by other judicial committees for similar breaches within the last 18 months for consistency purposes. On this occasion, the committee believed that the mitigating features allowed for a reduction from the starting point that we adopted.
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: 2d88c4601435c0fb2aa6cf4b12a296f7
informantnumber: A2254
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 14/02/2012
hearing_title: Manawatu HRC 23 February 2012 - R 5
charge:
Following Race 5, Licensed Horseman S Doody was charged under Rule 869(3)(b). The information stated: ”Horseman S Doody drove STORMY TARA carelessly, between the 1000m and 900m, attempting to hold a position outside the improving ARTYS ON FIRE (S Lawson) causing his own horse to break from its gait”.
facts:
Mr Doody was not present for the hearing, but had indicated on the Information that he did admit the breach of the rule, and that he did not wish to be present at the hearing. As the Information had been signed by the respondent, the committee proceeded with the hearing of the Information.
Using the available films, Mr Muirhead identified the runners concerned, racing with approximately 1200m to run. ARTYS ON FIRE (S Lawson) was located to the inside of STORMY TARA (S Doody) at the very rear of the field. Upon approaching the 1000m Mr Lawson sought to improve his horse outwards, which Stewards submitted he was entitled to do. Mr Muirhead used the film to indicate to the committee Mr Doody turning his horse’s head inwards, in an attempt to hold ARTYS ON FIRE in. The Stewards submitted that it was permissible for such action to occur when two horses were on par with each other, but when horses were not on par with each other, and such a manoeuvre was undertaken, they submitted that the effect would be that the horse would become unbalanced. The side-on film was used to demonstrate ARTYS ON FIRE’s head in advance of Mr Doody’s horse to its outside. Stewards believed it was at this point that Mr Lawson had the advantage, and Mr Doody was required to concede this position. As he did not, the result was that STORMY TARA broke and the Stewards submitted such action was deemed to be careless. The side-on film also indicated that Mr Lawson had at least a head’s advantage when Mr Doody pulled his left-hand rein to try and prevent ARTYS ON FIRE from improving.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the charge was admitted it was found to be proved.
sumissionsforpenalty:
Mr Taumanu indicated to the committee that Mr Doody was a busy driver who had a clean record, with no breaches within the last 12 months. The stewards submitted that in their view the carelessness sat at below the mid-range and a fine in the vicinity of $250 was appropriate.
reasonsforpenalty:
Mr Doody was charged with a breach of Rule 869(3)(b). Whilst he elected to not be present at the hearing, the committee was able to review the incident in question via the available films. It was clear from the films that with approximately 950 metres to run, ARTYS ON FIRE was positioned ahead of STORMY TARA. It was also evident from the movement of both horses’ heads, as displayed on the films, that Mr Lawson angled ARTYS ON FIRE outwards in an attempt to improve to the outside of the field. It was also clear that Mr Doody turned STORMY TARA’s head inwards quite abruptly, but as he was positioned behind ARTYS ON FIRE, Mr Doody’s horse lost its balance and went into a break.
The committee considered the submissions placed before it, and whilst the JCA Penalty Guidelines indicated a starting point of a $400 fine or a suspension of eight (8) drives, the committee believed a monetary fine was appropriate and adopted a starting point of $400. In mitigation the committee took into account Mr Doody’s early admittance of the breach, and his excellent record; having no breaches within the last 12 months. Whilst it was very fortunate that Mr Doody’s carelessness limited the effect to only his own horse, an aggravating feature is the impact that this had on those members of the public who had placed investments on STORMY TARA. The committee also considered penalties imposed by other judicial committees for similar breaches within the last 18 months for consistency purposes. On this occasion, the committee believed that the mitigating features allowed for a reduction from the starting point that we adopted.
penalty:
Mr Doody was fined the sum of $250.
hearing_type: Hearing
Rules: Rule 869(3)(b)
Informant: T Taumanu - Stipendiary Steward
JockeysandTrainer: S Doody - Lisenced Horseman of STORMY TARA
Otherperson: J Muirhead - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: a3a25f54fb235920b309fecfbe6b426a
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
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meetid: 24563a150344583129864e7a956bcf0d
meet_expapproval: approved
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
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meetdate: 23/02/2012
meet_title: Manawatu HRC - 23 February 2012
meet_expappcomment:
meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "TUtikere", "Member": "", "OtherExpenses": "0", "KMs": "0", "Total": "0.0", "kmprice": 0.0, "Approved": "on"}]
meet_otherexp:
tracklocation: manawatu-hrc
meet_racingtype: harness-racing
meet_chair: TUtikere
meet_pm1: PWilliams
meet_pm2: none
name: Manawatu HRC