Methven TC 24 March 2013 – R 1
ID: JCA15104
Meet Title:
Methven TC - 24 March 2013
Meet Chair:
JPhelan
Meet Committee Member 1:
KHales
Race Date:
2013/03/24
Race Number:
R2
Decision:
The charge was found to be proved.
Penalty:
We advised the parties of our reasons (see above) and that Mr Anderson was fined the sum of $250-00.
Charge:
Alleged careless driving.
Facts:
Following the running of Race 1, the Donegal House Trot, an Information was filed by Stipendiary Steward Mr R. A. Quirk alleging careless driving by Mr J. G. Anderson, the driver of “Barry” (11).
The charge reads as follows:
“I the above named informant allege that the above named Respondent committed a breach of Rule 869(3)(b) (in that) you drove carelessly with 450m to run when shifting outwards when insufficiently clear of SARATOGA (M. Purdon) causing your horse to break.”
Rules 869(3)(b) reads as follows:
(3) No horseman in any race shall drive:-
(b) carelessly..”
Mr Anderson had indicated on the Information that this breach of the Rules was admitted and he confirmed this at the hearing. Mr Anderson also agreed that he understood the charge and the Rule it was brought under. Mr Anderson is a Junior Horseman and he was assisted at this hearing by Open Horseman Mr J. R. Dunn.
Submissions for Decision:
Mr Quirk gave evidence and used video coverage to show that with about 450 metres to run Mr Anderson (“Barry”) was racing two out when he moved outwards to make a run. At that time Mr Purdon was making a forward move three wide with “Saratoga”, and there was contact between these two horses. Mr Anderson was not in a position at that time to push “Saratoga” wider on track, as he did not have the required advantage over that horse.
Mr Anderson did not dispute the basic facts of this incident.
Reasons for Decision:
As Mr Anderson had admitted this breach it was found to be proved in accordance with Rule 1111(1)(d).
Submissions for Penalty:
In relation to penalty Mr Quirk advised that Mr Anderson had not previously breached this Rule, had admitted the breach, and assessed the seriousness as being at the lower end of the scale. Mr Quirk referred to the Penalty Guide which gives a starting point of 8 drives or a fine of $400-00 for a breach of this Rule. As Mr Anderson had advised that he would prefer a fine to a suspension, Mr Quirk submitted that a fine of $250-00 would be appropriate in this case.
Mr Anderson said he thought a fine of $250-00 was fair.
Reasons for Penalty:
In relation to penalty we took into account that Mr Anderson had a good record, had admitted the breach, and that the breach was assessed as being in the lower end of the scale of seriousness. On the other hand it was also relevant that “Barry’s” chances in the race had been seriously affected by Mr Anderson’s driving.
Taking all matters into account we decided that a fine of $250-00 would be imposed 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: 69759f75edef505130880eaa2ccd75f6
informantnumber: A4986
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 10/03/2013
hearing_title: Methven TC 24 March 2013 - R 1
charge:
Alleged careless driving.
facts:
Following the running of Race 1, the Donegal House Trot, an Information was filed by Stipendiary Steward Mr R. A. Quirk alleging careless driving by Mr J. G. Anderson, the driver of “Barry” (11).
The charge reads as follows:
“I the above named informant allege that the above named Respondent committed a breach of Rule 869(3)(b) (in that) you drove carelessly with 450m to run when shifting outwards when insufficiently clear of SARATOGA (M. Purdon) causing your horse to break.”
Rules 869(3)(b) reads as follows:
(3) No horseman in any race shall drive:-
(b) carelessly..”
Mr Anderson had indicated on the Information that this breach of the Rules was admitted and he confirmed this at the hearing. Mr Anderson also agreed that he understood the charge and the Rule it was brought under. Mr Anderson is a Junior Horseman and he was assisted at this hearing by Open Horseman Mr J. R. Dunn.
appealdecision:
isappeal:
submissionsfordecision:
Mr Quirk gave evidence and used video coverage to show that with about 450 metres to run Mr Anderson (“Barry”) was racing two out when he moved outwards to make a run. At that time Mr Purdon was making a forward move three wide with “Saratoga”, and there was contact between these two horses. Mr Anderson was not in a position at that time to push “Saratoga” wider on track, as he did not have the required advantage over that horse.
Mr Anderson did not dispute the basic facts of this incident.
reasonsfordecision:
As Mr Anderson had admitted this breach it was found to be proved in accordance with Rule 1111(1)(d).
Decision:
The charge was found to be proved.
sumissionsforpenalty:
In relation to penalty Mr Quirk advised that Mr Anderson had not previously breached this Rule, had admitted the breach, and assessed the seriousness as being at the lower end of the scale. Mr Quirk referred to the Penalty Guide which gives a starting point of 8 drives or a fine of $400-00 for a breach of this Rule. As Mr Anderson had advised that he would prefer a fine to a suspension, Mr Quirk submitted that a fine of $250-00 would be appropriate in this case.
Mr Anderson said he thought a fine of $250-00 was fair.
reasonsforpenalty:
In relation to penalty we took into account that Mr Anderson had a good record, had admitted the breach, and that the breach was assessed as being in the lower end of the scale of seriousness. On the other hand it was also relevant that “Barry’s” chances in the race had been seriously affected by Mr Anderson’s driving.
Taking all matters into account we decided that a fine of $250-00 would be imposed in this case.
penalty:
We advised the parties of our reasons (see above) and that Mr Anderson was fined the sum of $250-00.
hearing_type: Hearing
Rules: Rule 869(3)(b)
Informant: Mr R. A. Quirk - Stipendiary Steward
JockeysandTrainer: Mr J. G. Anderson - Junior Horseman
Otherperson: Mr J. R. Dunn - Open Horseman - assisting Mr Anderson
PersonPresent:
Respondent:
StipendSteward:
raceid: f15ca2ee625b87991732d22071b43f11
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: b29685b3d2d7115111299ba4e9cbe52e
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 24/03/2013
meet_title: Methven TC - 24 March 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: methven-tc
meet_racingtype: harness-racing
meet_chair: JPhelan
meet_pm1: KHales
meet_pm2: none
name: Methven TC