Methven TC 20 March 2016 – R 5 – Chair, Mr S Ching
ID: JCA18096
Meet Title:
Methven TC - 20 March 2016
Meet Chair:
SChing
Meet Committee Member 1:
GClapp
Race Date:
2016/03/20
Race Number:
R5
Decision:
As Mr Anderson had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
Accordingly, Mr Anderson was fined the sum of $300.
Facts:
Following the running of Race 5, the Speights Ale House Tower Junction Mobile Pace, an information was filed by Stipendiary Steward Mr S Renault against Junior Horseman Mr M Anderson, alleging a breach of Rule 869(3) (b) in that he drove carelessly near the 1300m when allowing his horse to strike the sulky wheel of HEY KNOWCHANGE causing its tyre to deflate.
Mr Anderson had indicated on the Information that this breach of the Rules was admitted which he confirmed at the hearing. He also confirmed that he understood the Rule he was being charged with.
Mr Anderson, as a Junior Driver, was asked if he required assistance at the hearing. Mr Anderson stated that was comfortable to proceed with the hearing without assistance.
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 with the assistance of Stipendiary Steward, Mr N Ydgren, to show that JOEMARO, driven by Mr Anderson, was racing midfield in a 2 wide position in the trail of HEY KNOWCHANGE, driven by Mr J Morrison, approaching the 1300m. He pointed out Mr Anderson in the trail and travelling very close to the back of HEY KNOWCHANGE. He said that JOEMARO then shifted off the back of HEY KNOWCHANGE and in doing so struck the sulky wheel of that horse causing the tyre to puncture and deflate. He said that the reason JOEMARO struck the wheel was because the horse was travelling too close to the back of HEY KNOWCHANGE. Mr Renault stated that the tube wrapped around the axle of the sulky wheel and as a result HEY KNOWCHANGE was retired from the race.
Mr Anderson stated that JOEMARO had grabbed the bit and raced keenly when NOLAN SACKETT and SHELLEY ANN had improved past just prior to the 1300m. He stated that JOEMARO had hung outward when this incident occurred and shifted out striking the sulky wheel. He also said that JOEMARO’s high action and his aggressive nature in the running contributed to the incident. Mr Anderson submitted that the horse's recent racing pattern was to race parked or in front in recent starts and that he was not used to being covered up in the trail during the running, especially with a slow pace.
Submissions for Penalty:
Mr Renault informed the Committee that Mr Anderson had a clear record in regard to this rule over the previous 4 months and had driven on 94 occasions so far this season with 92 drives last season. He said Mr Anderson was a Junior Driver, had admitted the breach at the first opportunity and that the carelessness and consequences of the breach were in his opinion 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 to $350 be considered as penalty in this case.
Mr Anderson stated that he would prefer a fine as penalty and asked that his good record, his admission of the breach and his status as a Junior Driver be taken into consideration.
Reasons for Penalty:
In determining penalty, the Committee took into account Mr Anderson’s admission of the breach, his good record and his status as a Junior Driver. We also considered this breach to be mid-range and determined that a fine was an appropriate penalty in this case. In adopting the JCA Penalty Guide starting point of $500 we were able to give Mr Anderson a discount of $100 for his admission of the breach and a further discount of $100 for his clear record and his status as a Junior Driver. We therefore determined that a $300 fine 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: ed405e4d9c977705fd2398b4906fa061
informantnumber: A1848
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 5 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 5, the Speights Ale House Tower Junction Mobile Pace, an information was filed by Stipendiary Steward Mr S Renault against Junior Horseman Mr M Anderson, alleging a breach of Rule 869(3) (b) in that he drove carelessly near the 1300m when allowing his horse to strike the sulky wheel of HEY KNOWCHANGE causing its tyre to deflate.
Mr Anderson had indicated on the Information that this breach of the Rules was admitted which he confirmed at the hearing. He also confirmed that he understood the Rule he was being charged with.
Mr Anderson, as a Junior Driver, was asked if he required assistance at the hearing. Mr Anderson stated that was comfortable to proceed with the hearing without assistance.
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 with the assistance of Stipendiary Steward, Mr N Ydgren, to show that JOEMARO, driven by Mr Anderson, was racing midfield in a 2 wide position in the trail of HEY KNOWCHANGE, driven by Mr J Morrison, approaching the 1300m. He pointed out Mr Anderson in the trail and travelling very close to the back of HEY KNOWCHANGE. He said that JOEMARO then shifted off the back of HEY KNOWCHANGE and in doing so struck the sulky wheel of that horse causing the tyre to puncture and deflate. He said that the reason JOEMARO struck the wheel was because the horse was travelling too close to the back of HEY KNOWCHANGE. Mr Renault stated that the tube wrapped around the axle of the sulky wheel and as a result HEY KNOWCHANGE was retired from the race.
Mr Anderson stated that JOEMARO had grabbed the bit and raced keenly when NOLAN SACKETT and SHELLEY ANN had improved past just prior to the 1300m. He stated that JOEMARO had hung outward when this incident occurred and shifted out striking the sulky wheel. He also said that JOEMARO’s high action and his aggressive nature in the running contributed to the incident. Mr Anderson submitted that the horse's recent racing pattern was to race parked or in front in recent starts and that he was not used to being covered up in the trail during the running, especially with a slow pace.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Anderson 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 Anderson had a clear record in regard to this rule over the previous 4 months and had driven on 94 occasions so far this season with 92 drives last season. He said Mr Anderson was a Junior Driver, had admitted the breach at the first opportunity and that the carelessness and consequences of the breach were in his opinion 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 to $350 be considered as penalty in this case.
Mr Anderson stated that he would prefer a fine as penalty and asked that his good record, his admission of the breach and his status as a Junior Driver be taken into consideration.
reasonsforpenalty:
In determining penalty, the Committee took into account Mr Anderson’s admission of the breach, his good record and his status as a Junior Driver. We also considered this breach to be mid-range and determined that a fine was an appropriate penalty in this case. In adopting the JCA Penalty Guide starting point of $500 we were able to give Mr Anderson a discount of $100 for his admission of the breach and a further discount of $100 for his clear record and his status as a Junior Driver. We therefore determined that a $300 fine was an appropriate penalty in this case.
penalty:
Accordingly, Mr Anderson was fined the sum of $300.
hearing_type: Hearing
Rules: 869 (3) (b)
Informant: S Renault-Stipendiary Steward
JockeysandTrainer: M Anderson-Junior Horseman
Otherperson: Mr N Ydgren - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 808b11c6e039624242d9133844ba7d3e
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
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