Methven TC 6 December 2015 – R 6 – Chair, R McKenzie
ID: JCA17494
Meet Title:
Methven TC - 6 December 2015
Meet Chair:
RMcKenzie
Meet Committee Member 1:
GClapp
Race Date:
2015/12/06
Race Number:
R6
Decision:
Mr Cox having admitted the charge, the charge was found proved.
Penalty:
Mr Cox’s application for a deferment was granted. Mr Cox’s Open Horseman’s licence was suspended for a period commencing after the close of racing on 12 December 2015 up to and including 16 December 2015 – 2 days. The meetings encompassed by the term of suspension are Banks Peninsula on 13 December and Forbury Park on 16 December.
Facts:
Following the running of Race 6, Textile Bag & Sack Co C0 Pace, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Open Horseman, Mr J W Cox, alleging that Mr Cox drove carelessly over the final stages when allowing CHAPTER ONE to shift ground outwards resulting in checks to LATE MAIL and CHIP GANASSI”.
Mr Cox was present at the hearing of the information and he indicated that he admitted the breach.
Rule 869 provides as follows:
(3) No horseman shall in any race drive
(b) carelessly
Mr Cox referred to the evidence at the earlier protest hearing. He submitted that Mr Cox’s horse had shifted out under pressure over the final stages and crowded Mr Smith’s and Mr Dunn’s horses. It was the Stewards’ position, Mr Ydgren said, that Mr Cox had continued to drive his horse out throughout the final stages of the race whereas he was required to make a better effort to attempt to keep his horse straight to ensure that no other runner was interfered with.
Mr Ydgren referred to a video replay and pointed out that Mr Cox was “reasonably busy” with his whip in the right hand and using the reins in his left hand. He should have returned his hands to the left rein, Mr Ydgren submitted, and made a more concerted effort to ensure that he kept his horse straight.
Mr Cox accepted that Mr Ydgren’s submissions were valid and he did not dispute what Mr Ydgren had alleged. He did not wish to comment further.
Submissions for Penalty:
Mr Ydgren said that Mr Cox had a previous breach going back to May of this year but he pointed out that, under the Penalty Guide, a driver’s record is reset after 4 months. However, Mr Ydgren said, the Penalty Guide does provide that the starting point for careless driving causing a relegation (as was the case here, Mr Cox’s horse having been relegated from 3rd to 4th) is a 3 days’ suspension.
Mr Ydgren informed the Committee that Mr Cox has had 184 drives in the current season to date, 564 in the 2014/2015 season and, in the 2013/2014 season, he had 456 drives. He was clearly a busy driver, Mr Ydgren submitted.
The matter of a deferment was put to Mr Cox and he informed the Committee that he had driving commitments at Auckland on 11 December and at New Zealand Metropolitan on 12 December and, therefore, he was seeking a deferment of any suspension until after 12 December.
Mr Ydgren submitted that, taking into account Mr Cox’s good record and his admission of the breach, a 2 days’ suspension was appropriate in this case.
Reasons for Penalty:
In arriving at penalty, the Committee had regard to the appropriate starting point under the Penalty Guide, as pointed out by Mr Ydgren, of a 3 days’ suspension.
There were no aggravating factors, in the Committee’s view, but mitigating factors were Mr Cox’s good record and his frank admission of the breach. Mr Cox is entitled to a discount from the starting point for those two factors and the Committee fixed the appropriate discount at 1 day.
JCA Decision Fields (raw)
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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: e9dfe118393118495c32c8eec673c56f
informantnumber: A6349
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: admitted
penaltyrequired: 1
decisiondate: 09/12/2015
hearing_title: Methven TC 6 December 2015 - R 6 - Chair, R McKenzie
charge:
facts:
Following the running of Race 6, Textile Bag & Sack Co C0 Pace, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Open Horseman, Mr J W Cox, alleging that Mr Cox drove carelessly over the final stages when allowing CHAPTER ONE to shift ground outwards resulting in checks to LATE MAIL and CHIP GANASSI”.
Mr Cox was present at the hearing of the information and he indicated that he admitted the breach.
Rule 869 provides as follows:
(3) No horseman shall in any race drive
(b) carelessly
Mr Cox referred to the evidence at the earlier protest hearing. He submitted that Mr Cox’s horse had shifted out under pressure over the final stages and crowded Mr Smith’s and Mr Dunn’s horses. It was the Stewards’ position, Mr Ydgren said, that Mr Cox had continued to drive his horse out throughout the final stages of the race whereas he was required to make a better effort to attempt to keep his horse straight to ensure that no other runner was interfered with.
Mr Ydgren referred to a video replay and pointed out that Mr Cox was “reasonably busy” with his whip in the right hand and using the reins in his left hand. He should have returned his hands to the left rein, Mr Ydgren submitted, and made a more concerted effort to ensure that he kept his horse straight.
Mr Cox accepted that Mr Ydgren’s submissions were valid and he did not dispute what Mr Ydgren had alleged. He did not wish to comment further.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Cox having admitted the charge, the charge was found proved.
sumissionsforpenalty:
Mr Ydgren said that Mr Cox had a previous breach going back to May of this year but he pointed out that, under the Penalty Guide, a driver’s record is reset after 4 months. However, Mr Ydgren said, the Penalty Guide does provide that the starting point for careless driving causing a relegation (as was the case here, Mr Cox’s horse having been relegated from 3rd to 4th) is a 3 days’ suspension.
Mr Ydgren informed the Committee that Mr Cox has had 184 drives in the current season to date, 564 in the 2014/2015 season and, in the 2013/2014 season, he had 456 drives. He was clearly a busy driver, Mr Ydgren submitted.
The matter of a deferment was put to Mr Cox and he informed the Committee that he had driving commitments at Auckland on 11 December and at New Zealand Metropolitan on 12 December and, therefore, he was seeking a deferment of any suspension until after 12 December.
Mr Ydgren submitted that, taking into account Mr Cox’s good record and his admission of the breach, a 2 days’ suspension was appropriate in this case.
reasonsforpenalty:
In arriving at penalty, the Committee had regard to the appropriate starting point under the Penalty Guide, as pointed out by Mr Ydgren, of a 3 days’ suspension.
There were no aggravating factors, in the Committee’s view, but mitigating factors were Mr Cox’s good record and his frank admission of the breach. Mr Cox is entitled to a discount from the starting point for those two factors and the Committee fixed the appropriate discount at 1 day.
penalty:
Mr Cox’s application for a deferment was granted. Mr Cox’s Open Horseman’s licence was suspended for a period commencing after the close of racing on 12 December 2015 up to and including 16 December 2015 – 2 days. The meetings encompassed by the term of suspension are Banks Peninsula on 13 December and Forbury Park on 16 December.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: N M Ydgren, Stipendiary Steward
JockeysandTrainer: J W Cox, Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: a1b5d98c77b711ae67f94796c2384ea6
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 9fc252ce758273ab970c0e72116b6e62
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 06/12/2015
meet_title: Methven TC - 6 December 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: methven-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: GClapp
meet_pm2: none
name: Methven TC