Manukau TC 19 January 2012 – R 8
ID: JCA12148
Meet Title:
Manukau TC - 19 January 2012
Meet Chair:
GJones
Meet Committee Member 1:
BScott
Race Date:
2012/01/19
Race Number:
R 8
Decision:
The breach is admitted and is therefore proved.
Penalty:
In consideration of the above matters we impose a fine of $250.
Charge:
The information alleged that “Horseman J Svoboda drove The Adman carelessly causing interference to Pacific Warrior (B Oksnevad) with approximately 700m to run”.
Facts:
Mr J Muirhead told the Judicial Control Authority Committee (the ‘Committee’) that with approximately 700 metres to run, The Adman driven by Mr J Svoboda (Amateur Horseman representing The Czech Republic) has allowed his drive to shift outwards into the path of Pacific Warrior, driven by Mr B Oksnevad (Amateur Horseman representing Norway). Mr Muirhead said that as a result Pacific Warrior was severely checked and broke. This effectively cost Pacific Warrior all chance of finishing the race in a better position.
Mr Muirhead demonstrated the incident by way of all available video footage. This clearly identified the interference and the resultant impact of that interference to Pacific Warrior. At the time of the incident The Adman was racing in the ‘one one’ position and Pacific Warrior was racing ‘one out’ and three back. Pacific Warrior pulled out intending to pass The Adman, who at the same time shifted outwards and made contact with the front leg of Pacific Warrior.
Submissions for Penalty:
Mr Muirhead told the committee that prior to the incident Mr Svoboda was looking around to ensure that it was safe for him to move outwards, but he got his timing wrong. Mr Muirhead said that the committee should give Mr Svoboda credit for his early admission of the breach, but because of the resultant interference and subsequent relegation a fine in the range of $250 to $400 would be appropriate.
Mr Cook submitted on behalf of Mr Svoboda that he regrets his actions. He asked the committee to take into account the fact that Mr Svoboda only drives trotters in the Czech Republic and on that basis he was unfamiliar with the speed of pacers. This impacted on his timing. He also said that Mr Svoboda was having difficulty adjusting to New Zealand driving conditions.
Mr Cook urged the committee to take these factors into account and to treat the incident at the lower end of the scale.
Reasons for Penalty:
In assessing penalty the committee considered the submissions of the Informant and those lodged on behalf of the respondent. The committee balanced those submissions against our own assessment of the incident and took into account the Penalty Guide for Committees as well as recent fines handed down for similar breaches of this particular rule.
Although the breach resulted in interference to another horse and also the relegation of Mr Svoboda’s drive from 7th to 9th placing, we note that the relegation had no impact on dividends or stakes payable to placegetters. On that basis we have not placed too much emphasis on the relegation itself, but note that with 700 metres to run the complexion of the race may have changed and Pacific Warrior, in particular, was denied an opportunity to improve its position and therefore may have finished in a better position, but for the interference.
In terms of the level of carelessness we independently assessed the severity of the breach as being at least mid-range.
We give Mr Svoboda credit for his early admission of the breach and accept that due to the fact that he only drives trotters in his homeland this may have impacted on his timing. We have no information as to Mr Svoboda’s driving record and treat this breach as his first in New Zealand. We also note that he is an Amateur Horseman and therefore he receives no financial reward or earnings for driving in races.
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: 37e76a9a4377a461692849e262a29508
informantnumber: 2351
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 19/01/2012
hearing_title: Manukau TC 19 January 2012 - R 8
charge:
The information alleged that “Horseman J Svoboda drove The Adman carelessly causing interference to Pacific Warrior (B Oksnevad) with approximately 700m to run”.
facts:
Mr J Muirhead told the Judicial Control Authority Committee (the ‘Committee’) that with approximately 700 metres to run, The Adman driven by Mr J Svoboda (Amateur Horseman representing The Czech Republic) has allowed his drive to shift outwards into the path of Pacific Warrior, driven by Mr B Oksnevad (Amateur Horseman representing Norway). Mr Muirhead said that as a result Pacific Warrior was severely checked and broke. This effectively cost Pacific Warrior all chance of finishing the race in a better position.
Mr Muirhead demonstrated the incident by way of all available video footage. This clearly identified the interference and the resultant impact of that interference to Pacific Warrior. At the time of the incident The Adman was racing in the ‘one one’ position and Pacific Warrior was racing ‘one out’ and three back. Pacific Warrior pulled out intending to pass The Adman, who at the same time shifted outwards and made contact with the front leg of Pacific Warrior.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The breach is admitted and is therefore proved.
sumissionsforpenalty:
Mr Muirhead told the committee that prior to the incident Mr Svoboda was looking around to ensure that it was safe for him to move outwards, but he got his timing wrong. Mr Muirhead said that the committee should give Mr Svoboda credit for his early admission of the breach, but because of the resultant interference and subsequent relegation a fine in the range of $250 to $400 would be appropriate.
Mr Cook submitted on behalf of Mr Svoboda that he regrets his actions. He asked the committee to take into account the fact that Mr Svoboda only drives trotters in the Czech Republic and on that basis he was unfamiliar with the speed of pacers. This impacted on his timing. He also said that Mr Svoboda was having difficulty adjusting to New Zealand driving conditions.
Mr Cook urged the committee to take these factors into account and to treat the incident at the lower end of the scale.
reasonsforpenalty:
In assessing penalty the committee considered the submissions of the Informant and those lodged on behalf of the respondent. The committee balanced those submissions against our own assessment of the incident and took into account the Penalty Guide for Committees as well as recent fines handed down for similar breaches of this particular rule.
Although the breach resulted in interference to another horse and also the relegation of Mr Svoboda’s drive from 7th to 9th placing, we note that the relegation had no impact on dividends or stakes payable to placegetters. On that basis we have not placed too much emphasis on the relegation itself, but note that with 700 metres to run the complexion of the race may have changed and Pacific Warrior, in particular, was denied an opportunity to improve its position and therefore may have finished in a better position, but for the interference.
In terms of the level of carelessness we independently assessed the severity of the breach as being at least mid-range.
We give Mr Svoboda credit for his early admission of the breach and accept that due to the fact that he only drives trotters in his homeland this may have impacted on his timing. We have no information as to Mr Svoboda’s driving record and treat this breach as his first in New Zealand. We also note that he is an Amateur Horseman and therefore he receives no financial reward or earnings for driving in races.
penalty:
In consideration of the above matters we impose a fine of $250.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr J Muirhead - Stipendiary Steward
JockeysandTrainer: Mr J Svobada - Amateur Horseman representing the Czech Republic
Otherperson: Mr B Zezek - Interpreter, Mr G Cook - Assisting Mr Svobada
PersonPresent:
Respondent:
StipendSteward:
raceid: fbf40218365cc5e0e9fab70dfd6e1518
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 8dec11fd390e7933757180961f04748e
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 19/01/2012
meet_title: Manukau TC - 19 January 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: manukau-tc
meet_racingtype: harness-racing
meet_chair: GJones
meet_pm1: BScott
meet_pm2: none
name: Manukau TC