Marlborough HRC 24 April 2015 – R 1
ID: JCA11904
Meet Title:
Marlborough HRC - 24 April 2015
Meet Chair:
PWilliams
Meet Committee Member 1:
KHales
Race Date:
2015/04/24
Race Number:
R1
Decision:
Penalty:
Facts:
Following the running of race 1 the “Criterion Hotel Mobile Pace” Information A1464 was filed by Co-Chief Stipendiary Steward Mr R Neal alleging a breach of Rule 869 (3)(b) by Open Horseman Mr D Broadhurst. The Information stated “nearing the 900m you shifted your position inwards when not sufficiently clear of “Riley Dylan” who was checked and broke”. Mr Broadhurst signed the Information admitting the breach and confirmed this at the hearing and also that he understood the Rule.
Rule 869 (3)(b) states:- “No horseman in any race shall drive carelessly”.
Submissions for Decision:
Mr Neal used the side on film to identify Ms Clarke driving ”Riley Dillon” racing three back on the fence with Mr Broadhurst driving “Dover Delight” on her outside and slightly in front of her. He said as the horses entered the back straight Ms Clark was struggling to hold her position and Mr Broadhurst decided to move inwards having seen what he thought was a gap that was big enough to take. Mr Neal said as Mr Broadhurst moved inwards he failed to notice that Ms Clarke had become established in the gap he was trying to take and as a result Ms Clarke’s horse hit Mr Broadhurst’s wheel and broke losing all chance. Mr Neal said it was a timing issue that caused Ms Clarke to break as Mr Broadhurst had momentarily hesitated before deciding to move inwards and in that moment Ms Clark had established herself inside Mr Broadhurst.
Mr Broadhurst said Ms Clarke’s horse was pacing roughly and not running straight immediately prior to him making his move inwards. He said he thought there was enough room for him to complete his move but thought Ms Clarke must have anticipated his movement and hunted her horse up into the gap which resulted in contact being made.
Submissions for Penalty:
Mr Neal said it was unfortunate for Mr Broadhurst that Ms Clarke had been able to establish herself in the gap he was looking to move into near the 900m mark. Nevertheless it was Mr Broadhurst’s responsibility to ensure he was the required distance clear before he made his move inwards. He said Mr Broadhurst had not breached this Rule in the previous 12 months but noted that Mr Broadhurst has very few drives in a season. He said Stewards thought given Mr Broadhurst has very limited driving opportunities that a suspension is an appropriate penalty on this occasion and that it be in the region of 3-4 weeks.
Mr Broadhurst confirmed that his drive today was only his second one this season. He could not recall how many drives he had had in the 2013/2014 season. He said he had agreed to drive two horses on both days of this meeting for a trainer friend from Kaikoura. He said he would prefer a suspension to a fine.
Reasons for Penalty:
The Committee has considered the submissions of all parties and reviewed the films of the incident which was fully described by Mr Neal with nothing in his description being contradicted by Mr Broadhurst. Mr Broadhurst’s inwards movement near the 900m caused Ms Clarke’s horse to clip Mr Broadhurst’s wheel, break and lose all chance. The Committee believes the severity of the carelessness to be in the mid range. The Committee notes Mr Broadhurst has admitted the breach and that he has not breached the careless driving Rule in the previous 12 months.
The JCA’s Penalty Guidelines state a starting point for a breach of this Rule is a $400 fine or an 8 drive suspension. The Committee believes those drivers and trainers who have very few drives in a season should, if they breach the careless driving Rule, be fined rather that given a suspension to ensure the penalty is a meaningful one. However, Mr Broadhurst has indicated he prefers a suspension to a fine. Given he has had only 1 drive this season and can’t remember how many he had last season determining what is an appropriate suspension is problematical because based on his recent driving record, it is highly likely he will have very few, if any drives in the coming weeks. However, after consideration of all the matters above the Committee agrees that on this occasion a suspension will be imposed.
JCA Decision Fields (raw)
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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: 2b86d59af7ddf212a5b93172d7af5209
informantnumber: A1464
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: admitted
penaltyrequired: 1
decisiondate: 18/04/2015
hearing_title: Marlborough HRC 24 April 2015 - R 1
charge:
facts:
Following the running of race 1 the “Criterion Hotel Mobile Pace” Information A1464 was filed by Co-Chief Stipendiary Steward Mr R Neal alleging a breach of Rule 869 (3)(b) by Open Horseman Mr D Broadhurst. The Information stated “nearing the 900m you shifted your position inwards when not sufficiently clear of “Riley Dylan” who was checked and broke”. Mr Broadhurst signed the Information admitting the breach and confirmed this at the hearing and also that he understood the Rule.
Rule 869 (3)(b) states:- “No horseman in any race shall drive carelessly”.
appealdecision:
isappeal:
submissionsfordecision:
Mr Neal used the side on film to identify Ms Clarke driving ”Riley Dillon” racing three back on the fence with Mr Broadhurst driving “Dover Delight” on her outside and slightly in front of her. He said as the horses entered the back straight Ms Clark was struggling to hold her position and Mr Broadhurst decided to move inwards having seen what he thought was a gap that was big enough to take. Mr Neal said as Mr Broadhurst moved inwards he failed to notice that Ms Clarke had become established in the gap he was trying to take and as a result Ms Clarke’s horse hit Mr Broadhurst’s wheel and broke losing all chance. Mr Neal said it was a timing issue that caused Ms Clarke to break as Mr Broadhurst had momentarily hesitated before deciding to move inwards and in that moment Ms Clark had established herself inside Mr Broadhurst.
Mr Broadhurst said Ms Clarke’s horse was pacing roughly and not running straight immediately prior to him making his move inwards. He said he thought there was enough room for him to complete his move but thought Ms Clarke must have anticipated his movement and hunted her horse up into the gap which resulted in contact being made.
reasonsfordecision:
Decision:
sumissionsforpenalty:
Mr Neal said it was unfortunate for Mr Broadhurst that Ms Clarke had been able to establish herself in the gap he was looking to move into near the 900m mark. Nevertheless it was Mr Broadhurst’s responsibility to ensure he was the required distance clear before he made his move inwards. He said Mr Broadhurst had not breached this Rule in the previous 12 months but noted that Mr Broadhurst has very few drives in a season. He said Stewards thought given Mr Broadhurst has very limited driving opportunities that a suspension is an appropriate penalty on this occasion and that it be in the region of 3-4 weeks.
Mr Broadhurst confirmed that his drive today was only his second one this season. He could not recall how many drives he had had in the 2013/2014 season. He said he had agreed to drive two horses on both days of this meeting for a trainer friend from Kaikoura. He said he would prefer a suspension to a fine.
reasonsforpenalty:
The Committee has considered the submissions of all parties and reviewed the films of the incident which was fully described by Mr Neal with nothing in his description being contradicted by Mr Broadhurst. Mr Broadhurst’s inwards movement near the 900m caused Ms Clarke’s horse to clip Mr Broadhurst’s wheel, break and lose all chance. The Committee believes the severity of the carelessness to be in the mid range. The Committee notes Mr Broadhurst has admitted the breach and that he has not breached the careless driving Rule in the previous 12 months.
The JCA’s Penalty Guidelines state a starting point for a breach of this Rule is a $400 fine or an 8 drive suspension. The Committee believes those drivers and trainers who have very few drives in a season should, if they breach the careless driving Rule, be fined rather that given a suspension to ensure the penalty is a meaningful one. However, Mr Broadhurst has indicated he prefers a suspension to a fine. Given he has had only 1 drive this season and can’t remember how many he had last season determining what is an appropriate suspension is problematical because based on his recent driving record, it is highly likely he will have very few, if any drives in the coming weeks. However, after consideration of all the matters above the Committee agrees that on this occasion a suspension will be imposed.
penalty:
hearing_type: Hearing
Rules: 869 (3)(b)
Informant: Mr R Neal - Co-Chief Stipendiary Steward
JockeysandTrainer: Mr D Broadhurst - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 778ea7d11a1a3cb2c37924c692e791c6
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: b120f527792731377536977a6745faf1
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 24/04/2015
meet_title: Marlborough HRC - 24 April 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: marlborough-hrc
meet_racingtype: harness-racing
meet_chair: PWilliams
meet_pm1: KHales
meet_pm2: none
name: Marlborough HRC