Methven TC 13 September 2020 – R 11 – Chair, Mr S Ching
ID: JCA11032
Meet Title:
Methven TC - 13 September 2020
Meet Chair:
SChing
Race Date:
2020/09/13
Race Number:
R11
Decision:
As Mr Close had admitted the breach, the charge was found proved.
Penalty:
Mr Close is suspended from the conclusion of racing 17 September up to and including 24 September 2020. Relevant meetings encompassed in this period of suspension are Auckland Trotting Club on 18 September, Oamaru on 20 September and Winton Harness on 4 September 2020.
Facts:
Following the running of Race 11, an Information was filed by Stipendiary Steward, Mr S Renault, against Open Horseman Mr R Close, alleging a breach of Rule 869(3) (b) in that when driving FUTURA EASTON, he drove carelessly near the 250m when shifting ground outwards checking MORNINGSTAR GOLD which broke.
Mr Close had endorsed the Information that this breach of the Rules was admitted which he confirmed at the hearing. Mr Close also confirmed that he understood the rule he was being charged with.
Rule 869(3)(b) reads as follows:
“(3) No horseman in any race shall drive:-
(b) carelessly:-
Mr Renault gave evidence and used video coverage to show that approaching the 300m, Mr Close, driving FUTURA EASTON, was racing 4 back on the pylons, with MORNINGSTAR GOLD, driven by Mr R Holmes to his outside. He said that near the 250m, Mr Close shifted out when looking for clear racing room and as a result his sulky wheel came into contact with the hind leg of MORNINGSTAR GOLD who broke, losing all chance. Mr Renault stated that Mr Close had made an error of judgement.
Mr Close accepted he had made an error of judgement.
Submissions for Penalty:
Mr Renault stated that the JCA penalty Guide provides a 10-drive suspension as a starting point for a breach of this rule where interference has occurred. He said that Mr Close's driving statistics showed 55 drives so far this season with 427 total drives last season. Mr Renault stated that Mr Close had a clear record in regard to this rule and submitted that after taking mitigating and aggravating factors into consideration, a 2- day suspension be considered as penalty. He added that Mr Close averaged 5 drives per race day at relevant meetings.
Mr Close sought a deferral of penalty until after racing at Addington on 17 September. He also asked that the Committee take into consideration the Auckland Meeting on 18 September as he was there for a family event and had been approached to drive at the meeting.
He also asked that the meeting at Winton be considered as he had been asked to drive for a stable there as well.
Reasons for Penalty:
The JCA Penalty Guide provides a 10-drive suspension starting point for a breach of this rule. The mitigating factors was Mr Close's frank admission of the breach and his good record. Against this was the aggravating factor of the interference to MORNINGSTAR GOLD and the fact that the horse’s chances were extinguished. We considered that Mr Close could have 5 drives at the Oamaru meeting but more than likely to have less at the Auckland and Winton meetings which we accepted he would be taking drives at. Taking all factors into consideration, we determined that a 3-day suspension was an appropriate penalty in this case.
Mr Close's application for a deferment until after racing on 17 September at Addington is granted.
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: 115b3e8bf16786a0cef7f7d78cfe4be0
informantnumber: A13211
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless driving
plea: admitted
penaltyrequired: 1
decisiondate: 14/09/2020
hearing_title: Methven TC 13 September 2020 - R 11 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 11, an Information was filed by Stipendiary Steward, Mr S Renault, against Open Horseman Mr R Close, alleging a breach of Rule 869(3) (b) in that when driving FUTURA EASTON, he drove carelessly near the 250m when shifting ground outwards checking MORNINGSTAR GOLD which broke.
Mr Close had endorsed the Information that this breach of the Rules was admitted which he confirmed at the hearing. Mr Close also confirmed that he understood the rule he was being charged with.
Rule 869(3)(b) reads as follows:
“(3) No horseman in any race shall drive:-
(b) carelessly:-
Mr Renault gave evidence and used video coverage to show that approaching the 300m, Mr Close, driving FUTURA EASTON, was racing 4 back on the pylons, with MORNINGSTAR GOLD, driven by Mr R Holmes to his outside. He said that near the 250m, Mr Close shifted out when looking for clear racing room and as a result his sulky wheel came into contact with the hind leg of MORNINGSTAR GOLD who broke, losing all chance. Mr Renault stated that Mr Close had made an error of judgement.
Mr Close accepted he had made an error of judgement.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Close had admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Renault stated that the JCA penalty Guide provides a 10-drive suspension as a starting point for a breach of this rule where interference has occurred. He said that Mr Close's driving statistics showed 55 drives so far this season with 427 total drives last season. Mr Renault stated that Mr Close had a clear record in regard to this rule and submitted that after taking mitigating and aggravating factors into consideration, a 2- day suspension be considered as penalty. He added that Mr Close averaged 5 drives per race day at relevant meetings.
Mr Close sought a deferral of penalty until after racing at Addington on 17 September. He also asked that the Committee take into consideration the Auckland Meeting on 18 September as he was there for a family event and had been approached to drive at the meeting.
He also asked that the meeting at Winton be considered as he had been asked to drive for a stable there as well.
reasonsforpenalty:
The JCA Penalty Guide provides a 10-drive suspension starting point for a breach of this rule. The mitigating factors was Mr Close's frank admission of the breach and his good record. Against this was the aggravating factor of the interference to MORNINGSTAR GOLD and the fact that the horse’s chances were extinguished. We considered that Mr Close could have 5 drives at the Oamaru meeting but more than likely to have less at the Auckland and Winton meetings which we accepted he would be taking drives at. Taking all factors into consideration, we determined that a 3-day suspension was an appropriate penalty in this case.
Mr Close's application for a deferment until after racing on 17 September at Addington is granted.
penalty:
Mr Close is suspended from the conclusion of racing 17 September up to and including 24 September 2020. Relevant meetings encompassed in this period of suspension are Auckland Trotting Club on 18 September, Oamaru on 20 September and Winton Harness on 4 September 2020.
hearing_type: Hearing
Rules: 869 (3) (b)
Informant: S Renault- Stipendiary Steward
JockeysandTrainer: R Close-Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: e1beb5b00bfb6186e7960acdf3e9d673
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R11
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: b90fb1bd3f999ce1416e2f9900d5a060
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 13/09/2020
meet_title: Methven TC - 13 September 2020
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: methven-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: none
meet_pm2: none
name: Methven TC