Archive Decision

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Methven TC 6 October 2013 – R 6

ID: JCA14476

Applicant:
Mr S W Wallis - Stipendiary Steward

Respondent(s):
Mr C P Harrison - Licensed Open Horseman

Information Number:
A1629

Hearing Type:
Hearing

Rules:
869(3)(b)

Plea:
admitted

Meet Title:
Methven TC - 6 October 2013

Meet Chair:
RMcKenzie

Meet Committee Member 1:
KHales

Race Date:
2013/10/06

Race Number:
R6

Decision:

Mr Harrison having admitted the breach, the charge was found proved.

Penalty:

Mr Harrison was fined the sum of $300.

Charge:

Careless driving.

Facts:

Following the running of Race 6, JA & GD Trudgeon Painting Contractors Pace, an information was filed by Stipendiary Steward, Mr S W Wallis, against Licensed Open Driver, Mr C P Harrison, alleging that Mr Harrison, as the driver of IMAGINARY LIFE in the race, “drove carelessly by allowing his runner to shift down the track at approximately the 200 metres causing JACKO (M R Hay) to race over pylons and have its chances affected”.

Mr Harrison 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

Submissions for Decision:

Both Mr Wallis and Mr Harrison agreed that the evidence adduced at the earlier protest decision could be adopted in as far as the facts were concerned.

Mr Harrison repeated his earlier explanation that, at the time, he was unaware of the extent to which Mr Hay had improved on his inside but, having viewed the video replays, he had elected not to contest the protest and to admit the charge of driving carelessly.

Submissions for Penalty:

Mr Wallis informed the Committee that Mr Harrison had 18 drives in the 2012-2013 season and in the current season, to date, has had 3 drives. He drives predominantly his own horses. His horses are just resuming racing after having been turned out. He is not a “busy” driver but does have a clear record.

Mr Wallis referred to the Penalty Guide which provides a starting point for penalty for a breach of the Rule causing a relegation of 10 drives or a fine of $500. Although there was a relegation, it involved only Mr Harrison’s own horse.

Mr Harrison told the Committee that he did not wish it to consider a suspension but accepted that he had to pay whatever fine the Committee imposed.

Reasons for Penalty:

In determining penalty, the Committee had regard to the starting point of a $500 fine as given in the Penalty Guide as referred to by Mr Wallis. That starting point is to apply in a case where there has been a relegation. Mr Harrison was entitled to a discount from that starting point for his very frank admission of the breach and his previous good record. The Committee also considered that Mr Harrison was entitled to credit for not contesting the protest. The Committee assessed the total discount, for the factors referred to, at $200.

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: 87fee9a09bc0f878d4622990daebf411


informantnumber: A1629


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 09/10/2013


hearing_title: Methven TC 6 October 2013 - R 6


charge:

Careless driving.


facts:

Following the running of Race 6, JA & GD Trudgeon Painting Contractors Pace, an information was filed by Stipendiary Steward, Mr S W Wallis, against Licensed Open Driver, Mr C P Harrison, alleging that Mr Harrison, as the driver of IMAGINARY LIFE in the race, “drove carelessly by allowing his runner to shift down the track at approximately the 200 metres causing JACKO (M R Hay) to race over pylons and have its chances affected”.

Mr Harrison 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


appealdecision:


isappeal:


submissionsfordecision:

Both Mr Wallis and Mr Harrison agreed that the evidence adduced at the earlier protest decision could be adopted in as far as the facts were concerned.

Mr Harrison repeated his earlier explanation that, at the time, he was unaware of the extent to which Mr Hay had improved on his inside but, having viewed the video replays, he had elected not to contest the protest and to admit the charge of driving carelessly.


reasonsfordecision:


Decision:

Mr Harrison having admitted the breach, the charge was found proved.


sumissionsforpenalty:

Mr Wallis informed the Committee that Mr Harrison had 18 drives in the 2012-2013 season and in the current season, to date, has had 3 drives. He drives predominantly his own horses. His horses are just resuming racing after having been turned out. He is not a “busy” driver but does have a clear record.

Mr Wallis referred to the Penalty Guide which provides a starting point for penalty for a breach of the Rule causing a relegation of 10 drives or a fine of $500. Although there was a relegation, it involved only Mr Harrison’s own horse.

Mr Harrison told the Committee that he did not wish it to consider a suspension but accepted that he had to pay whatever fine the Committee imposed.


reasonsforpenalty:

In determining penalty, the Committee had regard to the starting point of a $500 fine as given in the Penalty Guide as referred to by Mr Wallis. That starting point is to apply in a case where there has been a relegation. Mr Harrison was entitled to a discount from that starting point for his very frank admission of the breach and his previous good record. The Committee also considered that Mr Harrison was entitled to credit for not contesting the protest. The Committee assessed the total discount, for the factors referred to, at $200.


penalty:

Mr Harrison was fined the sum of $300.


hearing_type: Hearing


Rules: 869(3)(b)


Informant: Mr S W Wallis - Stipendiary Steward


JockeysandTrainer: Mr C P Harrison - Licensed Open Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 52054f195358e3d41b924e114e986622


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: 321495b341205782a6bef7843483eb87


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 06/10/2013


meet_title: Methven TC - 6 October 2013


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: methven-tc


meet_racingtype: harness-racing


meet_chair: RMcKenzie


meet_pm1: KHales


meet_pm2: none


name: Methven TC