Methven TC 20 September 2015 – R 2 – Chair, Mr S Ching
ID: JCA16604
Meet Title:
Methven TC - 20 September 2015
Meet Chair:
SChing
Meet Committee Member 1:
KHales
Race Date:
2015/09/20
Race Number:
R2
Decision:
As Mr McKay had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
Mr McKay’s horseman’s license was therefore suspended from the conclusion of racing 20 September up to and including 25 October 2015. This suspension encompasses the meetings at Dunedin on 24 September, Banks Peninsula on 27 September, Timaru on 4 October, Rangiora on 11 September, Methven on 18 October and Dunedin on 25 October.
Facts:
Following the running of Race 2, the Oxford Club Trot, an information was filed by Stipendiary Steward Mr L Tidmarsh against Graduation Horseman Mr C McKay, alleging a breach of Rule 869(3) (b) in that he drove carelessly when driving PLAYBOY’S BROTHER near the 1200m, by shifting inwards when not clear of TEHORO NOVA, driven by Mr J Markham, causing that horse to check and break.
Mr McKay had indicated on the Information that this breach of the Rules was admitted and he confirmed this at the hearing. Mr McKay 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 Tidmarsh gave evidence and used video coverage with the assistance of Stipendiary Steward, Mr N Ydgren, to show that near the 1200m Mr McKay, driving PLAYBOY’S BROTHER, was racing midfield in a three wide position, forward of and on the outside of TEHORO NOVA, driven by Mr Markham. Mr McKay then attempted to shift down into a position in front of Mr Markham and in doing so was not clear of TEHORO NOVA. Mr Ydgren said that the off fore leg of TEHORO NOVA struck the sulky wheel of PLAYBOY’S BROTHER causing TEHORO NOVA to check and break. Mr Ydgren also said that there was always room for PLAYBOY’S BROTHER to shift down into the gap in front of TEHORO NOVA but that Mr McKay had misjudged his manoeuvre inwards causing the incident.
Mr McKay stated that he believed TEHORO NOVA was giving ground at the time of the incident and that he had given the horse sufficient room. He admitted that he had just misjudged the manoeuvre and had not given TEHORO NOVA enough room.
Submissions for Penalty:
Mr Tidmarsh informed the Committee that Mr McKay had a clear record and credit should be given for his ready admission of the breach. Mr Tidmarsh said that Mr McKay had driven on 33 occasions last season and 4 occasions so far this season. He submitted that the breach was mid-range in the level of carelessness with the consequences being the resultant check on TEHORO NOVA. Mr Tidmarsh stated that the JCA Penalty Guide suggested a starting point of 10 drives or a fine of $500 for a breach of this Rule. Mr Tidmarsh submitted that a suspension of 4 days or a fine of $350 be considered as penalty in this case.
Mr McKay submitted that he was retired and only a hobby trainer. He stated that a fine was an expense he could not afford so would prefer a suspension as penalty. Mr McKay did not request any deferment of penalty.
Reasons for Penalty:
In determining penalty, the Committee took into account Mr McKay’s ready admission of the breach and his good record as mitigating factors. The Committee also considered this breach to be mid-range and determined, after taking Mr McKay’s submission for a suspension into consideration, believed a suspension would be an appropriate penalty. The JCA Penalty Guide recommends a starting point of 10 drives for a breach of this Rule and after consideration we were able to give Mr McKay a discount of 2 drives for his good record and a further discount of 2 drives for his admission of the breach. After also taking into consideration Mr McKay’s driving average over the previous and current season, that being 1 drive per week, we determined that in order to impose a meaningful penalty, that a 6 day suspension was 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: cb821f9087c6bf7db55a9f968387f1fb
informantnumber: A7603
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless driving
plea: admitted
penaltyrequired: 1
decisiondate: 21/09/2015
hearing_title: Methven TC 20 September 2015 - R 2 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 2, the Oxford Club Trot, an information was filed by Stipendiary Steward Mr L Tidmarsh against Graduation Horseman Mr C McKay, alleging a breach of Rule 869(3) (b) in that he drove carelessly when driving PLAYBOY’S BROTHER near the 1200m, by shifting inwards when not clear of TEHORO NOVA, driven by Mr J Markham, causing that horse to check and break.
Mr McKay had indicated on the Information that this breach of the Rules was admitted and he confirmed this at the hearing. Mr McKay 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 Tidmarsh gave evidence and used video coverage with the assistance of Stipendiary Steward, Mr N Ydgren, to show that near the 1200m Mr McKay, driving PLAYBOY’S BROTHER, was racing midfield in a three wide position, forward of and on the outside of TEHORO NOVA, driven by Mr Markham. Mr McKay then attempted to shift down into a position in front of Mr Markham and in doing so was not clear of TEHORO NOVA. Mr Ydgren said that the off fore leg of TEHORO NOVA struck the sulky wheel of PLAYBOY’S BROTHER causing TEHORO NOVA to check and break. Mr Ydgren also said that there was always room for PLAYBOY’S BROTHER to shift down into the gap in front of TEHORO NOVA but that Mr McKay had misjudged his manoeuvre inwards causing the incident.
Mr McKay stated that he believed TEHORO NOVA was giving ground at the time of the incident and that he had given the horse sufficient room. He admitted that he had just misjudged the manoeuvre and had not given TEHORO NOVA enough room.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr McKay had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
sumissionsforpenalty:
Mr Tidmarsh informed the Committee that Mr McKay had a clear record and credit should be given for his ready admission of the breach. Mr Tidmarsh said that Mr McKay had driven on 33 occasions last season and 4 occasions so far this season. He submitted that the breach was mid-range in the level of carelessness with the consequences being the resultant check on TEHORO NOVA. Mr Tidmarsh stated that the JCA Penalty Guide suggested a starting point of 10 drives or a fine of $500 for a breach of this Rule. Mr Tidmarsh submitted that a suspension of 4 days or a fine of $350 be considered as penalty in this case.
Mr McKay submitted that he was retired and only a hobby trainer. He stated that a fine was an expense he could not afford so would prefer a suspension as penalty. Mr McKay did not request any deferment of penalty.
reasonsforpenalty:
In determining penalty, the Committee took into account Mr McKay’s ready admission of the breach and his good record as mitigating factors. The Committee also considered this breach to be mid-range and determined, after taking Mr McKay’s submission for a suspension into consideration, believed a suspension would be an appropriate penalty. The JCA Penalty Guide recommends a starting point of 10 drives for a breach of this Rule and after consideration we were able to give Mr McKay a discount of 2 drives for his good record and a further discount of 2 drives for his admission of the breach. After also taking into consideration Mr McKay’s driving average over the previous and current season, that being 1 drive per week, we determined that in order to impose a meaningful penalty, that a 6 day suspension was appropriate in this case.
penalty:
Mr McKay’s horseman’s license was therefore suspended from the conclusion of racing 20 September up to and including 25 October 2015. This suspension encompasses the meetings at Dunedin on 24 September, Banks Peninsula on 27 September, Timaru on 4 October, Rangiora on 11 September, Methven on 18 October and Dunedin on 25 October.
hearing_type: Hearing
Rules: 869 (3) (b)
Informant: L Tidmarsh- Stipendiary Steward
JockeysandTrainer: C McKay- Graduation Horseman
Otherperson: Mr N Ydgren - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: beb47fefad0052648da8e0c8272afa8b
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: ff40b5dcfaee72882e0acabc5a7bd94c
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 20/09/2015
meet_title: Methven TC - 20 September 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: methven-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: KHales
meet_pm2: none
name: Methven TC