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Methven TC 16 September 2018 – R 7 – Chair, Mr R McKenzie

ID: JCA11124

Applicant:
Mr SP Renault - Stipendiary Steward

Respondent(s):
Mr JD Harrington - Licensed Junior Driver

Information Number:
A10858

Hearing Type:
Hearing

New Charge:
Careless Driving

Rules:
869(3)(b)

Plea:
admitted

Meet Title:
Methven TC - 16 September 2018

Meet Chair:
RMcKenzie

Meet Committee Member 1:
HWeston

Race Date:
2018/09/16

Race Number:
R7

Decision:

Mr Harrington having admitted the charge, the charge was found proved.

Penalty:

Mr Harrington is fined the sum of $200.

Facts:

Following the running of Race 7, Papanui Club Junior Drivers Pace, an Information was filed by Stipendiary Steward, Mr SP Renault, against Licensed Junior Driver, Mr JD Harrington, alleging that Mr Harrington, as the driver of BILLIE JEAN in the race, “drove carelessly by allowing BILLIE JEAN to contact the sulky wheel of THE CROUPIER (S J Tomlinson) which in turn caused BILLIE JEAN to break”.

Mr Harrington was present at the hearing of the Information. He indicated that he understood the Rule and the charge and that he admitted the breach. Mr Harrington, a Junior Driver, told the Committee that he did not require assistance from a Senior Horseman at the hearing

Rule 869 provides as follows:
(3) No horseman in any race shall drive:-
     (b) carelessly.

Mr Renault showed a video replay of the relevant part of the race, with approximately 850 metres to run. He pointed out BILLIE JEAN, driven by Mr Harrington, racing in third-to-last position in the one-out line, trailing THE CROUPIER, approaching the 800 metres. Mr Harrington became awkwardly placed close to the sulky of that runner and his horse broke for several strides and lost ground, losing its spot in the running. The horse following Mr Harrington also had to steady in the incident, Mr Renault said.

Mr Renault submitted that Mr Harrington had been guilty of a slight error of judgement in getting too close to the sulky of the horse in front. Mr Renault then showed a head-on video replay of the field racing down the back straight. He pointed to BILLIE JEAN racing towards the rear of the field wearing sliding blinds and with its head pointing inwards. The horse had been hanging at the time, Mr Renault said.

Mr Harrington confirmed that his horse had been hanging and giving him some difficulty throughout the race, trying to run out. He had moved forward and made contact with Miss Tomlinson’s sulky.

Submissions for Penalty:

Mr Renault told the Committee that Mr Harrington has had nine drives this season. Last season, he had 31 drives. He is starting to drive a bit more frequently. He had two drives at today’s meeting. Mr Harrington has a clear record under the Rule in the last 12 months, Mr Renault said.

Under the Penalty Guide, the starting point for a breach of the Rule (hitting a wheel) is a fine of $300, Mr Renault said. He added that, taking into account Mr Harrington’s good record, his frankness with the Stewards and being a Junior Driver, a fine of $250 would be an appropriate penalty.

Mr Harrington said that the horse contributed to the incident by its tendency to hang and give him difficulty and get him awkwardly placed. He referred to his good record and the fact he was a Junior Driver, and asked the Committee to consider a fine of $150-200.

Reasons for Penalty:

In determining penalty, the Committee took the Penalty Guide starting point of a $300 fine. That starting point is for a mid-range breach of the Rule. The Committee viewed this breach as being lower than mid-range and, accordingly, we have taken a starting point of $250. Personal mitigating factors are Mr Harrington’s admission of the breach, his good record and his Junior Driver status. We consider a combination of these factors to warrant a discount of $50 from the adjusted starting point.

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: 1e2608d552fac310e296dfdd140df493


informantnumber: A10858


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Driving


plea: admitted


penaltyrequired: 1


decisiondate: 18/09/2018


hearing_title: Methven TC 16 September 2018 - R 7 - Chair, Mr R McKenzie


charge:


facts:

Following the running of Race 7, Papanui Club Junior Drivers Pace, an Information was filed by Stipendiary Steward, Mr SP Renault, against Licensed Junior Driver, Mr JD Harrington, alleging that Mr Harrington, as the driver of BILLIE JEAN in the race, “drove carelessly by allowing BILLIE JEAN to contact the sulky wheel of THE CROUPIER (S J Tomlinson) which in turn caused BILLIE JEAN to break”.

Mr Harrington was present at the hearing of the Information. He indicated that he understood the Rule and the charge and that he admitted the breach. Mr Harrington, a Junior Driver, told the Committee that he did not require assistance from a Senior Horseman at the hearing

Rule 869 provides as follows:
(3) No horseman in any race shall drive:-
     (b) carelessly.

Mr Renault showed a video replay of the relevant part of the race, with approximately 850 metres to run. He pointed out BILLIE JEAN, driven by Mr Harrington, racing in third-to-last position in the one-out line, trailing THE CROUPIER, approaching the 800 metres. Mr Harrington became awkwardly placed close to the sulky of that runner and his horse broke for several strides and lost ground, losing its spot in the running. The horse following Mr Harrington also had to steady in the incident, Mr Renault said.

Mr Renault submitted that Mr Harrington had been guilty of a slight error of judgement in getting too close to the sulky of the horse in front. Mr Renault then showed a head-on video replay of the field racing down the back straight. He pointed to BILLIE JEAN racing towards the rear of the field wearing sliding blinds and with its head pointing inwards. The horse had been hanging at the time, Mr Renault said.

Mr Harrington confirmed that his horse had been hanging and giving him some difficulty throughout the race, trying to run out. He had moved forward and made contact with Miss Tomlinson’s sulky.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr Harrington having admitted the charge, the charge was found proved.


sumissionsforpenalty:

Mr Renault told the Committee that Mr Harrington has had nine drives this season. Last season, he had 31 drives. He is starting to drive a bit more frequently. He had two drives at today’s meeting. Mr Harrington has a clear record under the Rule in the last 12 months, Mr Renault said.

Under the Penalty Guide, the starting point for a breach of the Rule (hitting a wheel) is a fine of $300, Mr Renault said. He added that, taking into account Mr Harrington’s good record, his frankness with the Stewards and being a Junior Driver, a fine of $250 would be an appropriate penalty.

Mr Harrington said that the horse contributed to the incident by its tendency to hang and give him difficulty and get him awkwardly placed. He referred to his good record and the fact he was a Junior Driver, and asked the Committee to consider a fine of $150-200.


reasonsforpenalty:

In determining penalty, the Committee took the Penalty Guide starting point of a $300 fine. That starting point is for a mid-range breach of the Rule. The Committee viewed this breach as being lower than mid-range and, accordingly, we have taken a starting point of $250. Personal mitigating factors are Mr Harrington’s admission of the breach, his good record and his Junior Driver status. We consider a combination of these factors to warrant a discount of $50 from the adjusted starting point.


penalty:

Mr Harrington is fined the sum of $200.


hearing_type: Hearing


Rules: 869(3)(b)


Informant: Mr SP Renault - Stipendiary Steward


JockeysandTrainer: Mr JD Harrington - Licensed Junior Driver


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 1b4d9bd3f7c2e55da7125ed7dbe679fb


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R7


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: b4b0ecafbf7f9f7e816a110623368d3b


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meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 16/09/2018


meet_title: Methven TC - 16 September 2018


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: methven-tc


meet_racingtype: harness-racing


meet_chair: RMcKenzie


meet_pm1: HWeston


meet_pm2: none


name: Methven TC