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Methven TC 23 March 2014 – R1

ID: JCA11515

Applicant:
S P Renault, Stipendiary Steward

Respondent(s):
S J Ottley, Licensed Junior Driver

Other Person:
Ms P Kinsey - Stipendiary Steward

Information Number:
A6474

Hearing Type:
Hearing

New Charge:
Careless Driving

Rules:
869(3)(b)

Plea:
admitted

Meet Title:
Methven TC - 23 March 2014

Meet Chair:
RMcKenzie

Meet Committee Member 1:
SChing

Race Date:
2014/03/23

Race Number:
R1

Decision:

Miss Ottley having admitted the charge, the charge was found proved. 

Penalty:

Miss Ottley was fined the sum of $300.

Facts:

Following the running of Race 1, Fulton Hogan Limited Trot, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Junior Driver, Miss S J Ottley, alleging a breach of Rule 869 (3) (b) in that Miss Ottley, as the driver of CLOVER MAN in the race, “drove carelessly near the 700 metres causing her horse to break and check the trailing REGAL MOMENT”.

Miss Ottley had signed the Statement by the Respondent on the information form indicating that she admitted the breach. Mr Renault informed the Committee that Miss Ottley did not wish to be present. She had admitted the breach after viewing the video replays with Licensed Open Horseman, Mr M P Jones.

Rule 869 provides as follows:

(3) No horseman in any race shall drive:-

     (b) carelessly.

Stipendiary Steward, Ms P Kinsey, represented Mr Renault at the hearing.

She had Mr Renault show a video replay of the incident with approximately 700 metres to run. He pointed out CLOVER MAN, driven by Miss Ottley, racing towards the rear of the field on the markers. On her outside and improving was STAR FILLY (T M McMillan). At that point, Miss Ottley attempted to come off the markers and ease STAR FILLY out. However, she was never in a position to do so as she did not have an advantage over Mr McMillan. As a result, her own horse was placed in tight quarters and galloped. REGAL MOMENT (K P O’Connor), which was trailing CLOVER MAC, received interference and broke. Both horses lost their chances. 

Submissions for Penalty:

Ms Kinsey said that Miss Ottley had received a fine of $200 for a breach of the careless driving Rule in November 2013. She had driven a lot since that breach, Ms Kinsey said. The Committee should have regard to Miss Ottley’s admission of the breach and the fact that she is a Junior Driver, Ms Kinsey said.

Ms Kinsey said that the Stewards saw the breach as being mid-range. However, the consequences were that Miss Ottley had caused her own horse and another runner to break and lose their chances.

Reasons for Penalty:

In determining penalty, the Committee had regard to the starting point in the Penalty Guide of a $400 fine. Mitigating factors were Miss Ottley’s admission of the breach and her Junior Driver status. An aggravating factor was that Miss Ottley’s own horse and another runner were put out of the race. The Committee assessed the breach as being mid-range as submitted by Ms Kinsey. 

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: 2b6e8784a7c62e81ef740672a7546adf


informantnumber: A6474


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Driving


plea: admitted


penaltyrequired: 1


decisiondate: 21/03/2014


hearing_title: Methven TC 23 March 2014 - R1


charge:


facts:

Following the running of Race 1, Fulton Hogan Limited Trot, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Junior Driver, Miss S J Ottley, alleging a breach of Rule 869 (3) (b) in that Miss Ottley, as the driver of CLOVER MAN in the race, “drove carelessly near the 700 metres causing her horse to break and check the trailing REGAL MOMENT”.

Miss Ottley had signed the Statement by the Respondent on the information form indicating that she admitted the breach. Mr Renault informed the Committee that Miss Ottley did not wish to be present. She had admitted the breach after viewing the video replays with Licensed Open Horseman, Mr M P Jones.

Rule 869 provides as follows:

(3) No horseman in any race shall drive:-

     (b) carelessly.

Stipendiary Steward, Ms P Kinsey, represented Mr Renault at the hearing.

She had Mr Renault show a video replay of the incident with approximately 700 metres to run. He pointed out CLOVER MAN, driven by Miss Ottley, racing towards the rear of the field on the markers. On her outside and improving was STAR FILLY (T M McMillan). At that point, Miss Ottley attempted to come off the markers and ease STAR FILLY out. However, she was never in a position to do so as she did not have an advantage over Mr McMillan. As a result, her own horse was placed in tight quarters and galloped. REGAL MOMENT (K P O’Connor), which was trailing CLOVER MAC, received interference and broke. Both horses lost their chances. 


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Miss Ottley having admitted the charge, the charge was found proved. 


sumissionsforpenalty:

Ms Kinsey said that Miss Ottley had received a fine of $200 for a breach of the careless driving Rule in November 2013. She had driven a lot since that breach, Ms Kinsey said. The Committee should have regard to Miss Ottley’s admission of the breach and the fact that she is a Junior Driver, Ms Kinsey said.

Ms Kinsey said that the Stewards saw the breach as being mid-range. However, the consequences were that Miss Ottley had caused her own horse and another runner to break and lose their chances.


reasonsforpenalty:

In determining penalty, the Committee had regard to the starting point in the Penalty Guide of a $400 fine. Mitigating factors were Miss Ottley’s admission of the breach and her Junior Driver status. An aggravating factor was that Miss Ottley’s own horse and another runner were put out of the race. The Committee assessed the breach as being mid-range as submitted by Ms Kinsey. 


penalty:

Miss Ottley was fined the sum of $300.


hearing_type: Hearing


Rules: 869(3)(b)


Informant: S P Renault, Stipendiary Steward


JockeysandTrainer: S J Ottley, Licensed Junior Driver


Otherperson: Ms P Kinsey - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: afb10d1920234c775f8d78542ccd3385


race_expapproval:


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race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R1


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meetid: e9e22bc9bcf4d4aca098f776b6c74e08


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meetdate: 23/03/2014


meet_title: Methven TC - 23 March 2014


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tracklocation: methven-tc


meet_racingtype: harness-racing


meet_chair: RMcKenzie


meet_pm1: SChing


meet_pm2: none


name: Methven TC