Archive Decision

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Methven TC 20 March 2016 – R 12 – Chair, Mr S Ching

ID: JCA12955

Applicant:
S Renault-Stipendiary Steward

Respondent(s):
R Close-Open Horseman

Information Number:
A1850

Hearing Type:
Hearing

New Charge:
Careless driving

Rules:
869 (3) (b)

Plea:
admitted

Meet Title:
Methven TC - 20 March 2016

Meet Chair:
SChing

Meet Committee Member 1:
GClapp

Race Date:
2016/03/20

Race Number:
R12

Decision:

As Mr Close had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).

Penalty:

Accordingly, Mr Close was fined the sum of $300.

Facts:

Following the running of Race 12, the Paint Lab Hornby Pace, 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 he drove carelessly when on the final bend he allowed his runner to make contact with the sulky wheel of SHADOW RIDER, which was punctured.

Mr Close had indicated on the Information that this breach of the Rules was admitted. Mr Close had also informed the Stewards that he did not wish to be present at the hearing.

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 HOPEFUL HARRIET, driven by Mr Close, was racing midfield and 3 wide with cover on the final bend. Mr Renault stated that Mr Close was in the trail of SHADOW RIDER, driven by Mr C DeFilippi, when he opted to shift 4 wide to improve past Mr DeFilippi. He said that as Mr Close shifted out to the 4 wide position he has come out too close to Mr DeFilippi and in doing so struck the sulky wheel of SHADOW RIDER causing the tyre to puncture and deflate. Mr Renault submitted that Mr Close had just misjudged the manoeuvre and got too close to Mr DeFilippi’s wheel.

Submissions for Penalty:

Mr Renault informed the Committee that Mr Close had a clear record in regard to this rule and had driven on 270 occasions so far this season with 372 drives last season. He said Mr Close had admitted the breach at the first opportunity and that the carelessness and consequences of the breach were mid-range. Mr Renault stated that the JCA Penalty Guideline starting point for a breach of this rule was a fine of $500 or 10 drive suspension. Mr Renault submitted that a fine of $300 be considered as penalty in this case.

Reasons for Penalty:

In determining penalty, the Committee took into account Mr Close’s admission of the breach and his good record. We also considered this breach to be mid-range and determined that a fine would be an appropriate penalty in this case. In adopting a starting point of $500 we were able to give Mr Close a discount of $100 for his admission of the breach and a further discount of $100 for his good record. We therefore determined that a fine of $300 was an appropriate penalty 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: 6e04878cd4597409c7a06c656fdbc7ff


informantnumber: A1850


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless driving


plea: admitted


penaltyrequired: 1


decisiondate: 22/03/2016


hearing_title: Methven TC 20 March 2016 - R 12 - Chair, Mr S Ching


charge:


facts:

Following the running of Race 12, the Paint Lab Hornby Pace, 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 he drove carelessly when on the final bend he allowed his runner to make contact with the sulky wheel of SHADOW RIDER, which was punctured.

Mr Close had indicated on the Information that this breach of the Rules was admitted. Mr Close had also informed the Stewards that he did not wish to be present at the hearing.

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 HOPEFUL HARRIET, driven by Mr Close, was racing midfield and 3 wide with cover on the final bend. Mr Renault stated that Mr Close was in the trail of SHADOW RIDER, driven by Mr C DeFilippi, when he opted to shift 4 wide to improve past Mr DeFilippi. He said that as Mr Close shifted out to the 4 wide position he has come out too close to Mr DeFilippi and in doing so struck the sulky wheel of SHADOW RIDER causing the tyre to puncture and deflate. Mr Renault submitted that Mr Close had just misjudged the manoeuvre and got too close to Mr DeFilippi’s wheel.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Close had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).


sumissionsforpenalty:

Mr Renault informed the Committee that Mr Close had a clear record in regard to this rule and had driven on 270 occasions so far this season with 372 drives last season. He said Mr Close had admitted the breach at the first opportunity and that the carelessness and consequences of the breach were mid-range. Mr Renault stated that the JCA Penalty Guideline starting point for a breach of this rule was a fine of $500 or 10 drive suspension. Mr Renault submitted that a fine of $300 be considered as penalty in this case.


reasonsforpenalty:

In determining penalty, the Committee took into account Mr Close’s admission of the breach and his good record. We also considered this breach to be mid-range and determined that a fine would be an appropriate penalty in this case. In adopting a starting point of $500 we were able to give Mr Close a discount of $100 for his admission of the breach and a further discount of $100 for his good record. We therefore determined that a fine of $300 was an appropriate penalty in this case.


penalty:

Accordingly, Mr Close was fined the sum of $300.


hearing_type: Hearing


Rules: 869 (3) (b)


Informant: S Renault-Stipendiary Steward


JockeysandTrainer: R Close-Open Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: a52d6edb15fde0eb047f90bac753e5fc


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R12


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 1d9b5ae292c78f34b3d05ad7771c30bc


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 20/03/2016


meet_title: Methven TC - 20 March 2016


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: methven-tc


meet_racingtype: harness-racing


meet_chair: SChing


meet_pm1: GClapp


meet_pm2: none


name: Methven TC