Marlborough HRC – 28 April 2011 – R 1
ID: JCA16121
Meet Title:
Marlborough HRC - 28 April 2011
Meet Chair:
JPhelan
Meet Committee Member 1:
JMillar
Race Date:
2011/04/28
Race Number:
R1
Decision:
The charge was found to be proved.
Penalty:
Mr Closes’s Junior Horseman’s licence was suspended from after the completion of racing on 29 April 2011 until after the completion of racing on 1 May 2011, this being a one day suspension.
Charge:
Alleged breach of Rule 869(3)(b)
Facts:
Following the running of Race 1, the Marlborough OTB Mobile Pace, an Information was filed by Stipendiary Steward Mr S. W. Wallis against Junior Horseman Mr R. D. Close, the driver of “Burrah Sahib” (6), alleging a breach of Rule 869(3)(b) in that he drove carelessly.
The charge reads as follows.
“I the above named informant allege that the above named Defendant committed a breach of Rule 869(3)(b) in that horseman R. Close drove in a careless manner over the concluding stages when easing out for a run while driving “Burra Sahib”.
Rule 869(3)(b) reads as follows,
“(3) No horseman in any race shall drive:-
(b) carelessly..”
Mr Close is a Junior Horseman and he was assisted at this hearing by Open Horseman Mr G. P. Hope. Mr Close had indicated on the Information that this breach of the Rules was admitted and he confirmed this at the hearing. Mr Close also agreed that he understood the charge and the Rule it was brought under.
Submissions for Decision:
Mr Wallis gave evidence and used video coverage to show that when well into the final straight Mr Close had moved his horse outwards and in doing so had come into contact with “Dufton Hanover” (2) which broke for a short distance. Mr Close did not dispute the facts of this matter.
Reasons for Decision:
As Mr Close had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Submissions for Penalty:
In relation to penalty Mr Wallis advised that Mr Close had no previous relevant convictions. As the breach was admitted, and as it was considered to be a breach very much at the lower end of the scale, it was submitted that a fine of $200-00 would be appropriate in this case.
Mr Close made submissions that he would prefer a suspension to a fine in this case. Mr Wallis then made submissions that a one day suspension would be appropriate in this case.
Reasons for Penalty:
In relation to penalty we took into account that Mr Close had admitted the breach, that he had no relevant previous convictions, and that the breach was assessed as being at the lower end of the scale. We agreed with Mr Wallis’ submission that a one day suspension would be appropriate in this case.
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: bf8fba1a2bf9b94ba9724f49cbcdc673
informantnumber: 69156
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 14/04/2011
hearing_title: Marlborough HRC - 28 April 2011 - R 1
charge:
Alleged breach of Rule 869(3)(b)
facts:
Following the running of Race 1, the Marlborough OTB Mobile Pace, an Information was filed by Stipendiary Steward Mr S. W. Wallis against Junior Horseman Mr R. D. Close, the driver of “Burrah Sahib” (6), alleging a breach of Rule 869(3)(b) in that he drove carelessly.
The charge reads as follows.
“I the above named informant allege that the above named Defendant committed a breach of Rule 869(3)(b) in that horseman R. Close drove in a careless manner over the concluding stages when easing out for a run while driving “Burra Sahib”.
Rule 869(3)(b) reads as follows,
“(3) No horseman in any race shall drive:-
(b) carelessly..”
Mr Close is a Junior Horseman and he was assisted at this hearing by Open Horseman Mr G. P. Hope. Mr Close had indicated on the Information that this breach of the Rules was admitted and he confirmed this at the hearing. Mr Close also agreed that he understood the charge and the Rule it was brought under.
appealdecision:
isappeal:
submissionsfordecision:
Mr Wallis gave evidence and used video coverage to show that when well into the final straight Mr Close had moved his horse outwards and in doing so had come into contact with “Dufton Hanover” (2) which broke for a short distance. Mr Close did not dispute the facts of this matter.
reasonsfordecision:
As Mr Close had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Decision:
The charge was found to be proved.
sumissionsforpenalty:
In relation to penalty Mr Wallis advised that Mr Close had no previous relevant convictions. As the breach was admitted, and as it was considered to be a breach very much at the lower end of the scale, it was submitted that a fine of $200-00 would be appropriate in this case.
Mr Close made submissions that he would prefer a suspension to a fine in this case. Mr Wallis then made submissions that a one day suspension would be appropriate in this case.
reasonsforpenalty:
In relation to penalty we took into account that Mr Close had admitted the breach, that he had no relevant previous convictions, and that the breach was assessed as being at the lower end of the scale. We agreed with Mr Wallis’ submission that a one day suspension would be appropriate in this case.
penalty:
Mr Closes’s Junior Horseman’s licence was suspended from after the completion of racing on 29 April 2011 until after the completion of racing on 1 May 2011, this being a one day suspension.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr S. W. Wallis - Stipendiary Steward
JockeysandTrainer: R. D. Close - Junior Horseman
Otherperson: Mr G. P. Hope - Open Horseman
PersonPresent:
Respondent:
StipendSteward:
raceid: ac123e5623a9cef4b8e8234a066610b6
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: 65870051bf8c753b398d56bd8fc28d2c
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 28/04/2011
meet_title: Marlborough HRC - 28 April 2011
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meet_otherexp:
tracklocation: marlborough-hrc
meet_racingtype: harness-racing
meet_chair: JPhelan
meet_pm1: JMillar
meet_pm2: none
name: Marlborough HRC