Archive Decision

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Morrinsville TC – 20 January 2008 – Race 8

ID: JCA22769

Hearing Type:
Old Hearing

Rules:
869.3.b

Hearing Type (Code):
harness-racing

Meet Title:
Morrinsville TC - 20 January 2008

Race Date:
2008/01/20

Race Number:
Race 8

Decision:

Stipendiary Steward Mr J MUIRHEAD laid an information against Junior Driver Mr S JONES alleging a breach of Rule 869(3)(b) (careless driving) in Race 8.

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Stipendiary Steward Mr J MUIRHEAD laid an information against Junior Driver Mr S JONES alleging a breach of Rule 869(3)(b) (careless driving) in Race 8.

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The Information charged Mr Jones Driver of CLONMELL with causing interference to MAKSART, (Driver F KIRK) resulting in MAKSART being forced wider on the track and making contact with LORD LAXON (Driver N CHILCOTT) which broke and lost its chance with approximately 100 metres to run.

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Mr Jones was assisted by Horseman Mr T Shaw and admitted the charge.

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Mr Muirhead referred to video footage of the final run home from the turn and identified CLONMELL three wide, MAKSART 4 wide and LORD LAXON 5 wide. The footage clearly showed on three occasions when under a vigorous drive by Mr Jones, and being whipped on the offside, CLONMELL to run out wider on the track failing to maintain a straight line to the post

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On the first occasion Mr Muirhead submitted the outwards movement of the horse into the path of wider horses in response to the use of the whip was forgivable.

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Prior to the second occasion he should have taken corrective action by switching the use of his whip to the opposite rump and being more aware of the impact of this whipping on the other horses and guiding his horse away from running out again.

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On the third occasion with approximately 200 metres to run the horse again under the whip on the offside ducks out on the outside horses with MAKSART running away from him and being forced wide, and LORD LAXON breaking up.

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Mr Muirhead suggest that the first occasion should have served as a warning, the second outwards movement was not understandable and the final ducking out that interfered with MAKSART and LORD LAXON was completely unforgivable and was careless driving in the extreme verging on reckless.

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Mr Jones should have done a lot better and showed a distinct lack of horsemanship even as a Junior Driver.

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Mr Muirhead referred to videos which showed CLONMELL had moved from 3 wide at the turn to 7 wide or better immediately before he ran out the final time that caused the interference.

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Mr Shaw agreed with the summary of the events as they unfolded and admitted that Mr Jones' action had been careless. He suggested that Mr Jones' behaviour exhibited a lack of experience rather than a lack of horsemanship and that in years to come would question his behaviour in this race.

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DECISION AND PENALTY

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With the breach not being contested and on the evidence adduced the charge is clearly established.

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Mr Muirhead in submissions on penalty sought suspension for a period of 4 weeks as this was careless driving in the extreme. The bottom end of suspension started at 2 days and at the extreme was six weeks. Taking into account his guilty plea, preference for suspension over a fine and his cooperation he submitted a 4 week period was fair. Mr Muirhead said that reckless driving suspensions started at 6 weeks and in his opinion this was just under. He produced Mr Jones driving record.

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In response Mr Jones said that he stopped driving his horse on all three occasions in an effort to correct him and he did not make contact with any other of the horses.

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Mr Shaw said that on looking at the video it appeared to him that Miss Chilcott could not have had a chance in the race and the effect on that horses final position was minimal.

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He had discussed with Mr Jones his performance in the race and agreed with relevant comments by Messrs Muirhead and Taumanu. He submitted that the actions could be attributed more to lack of experience and with further driving would improve.

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Mr Jones had a total of approximately 120 drives and was a contender to represent New Zealand at the UDR Drivers and that a suspension may affect his chances of being selected with results up to the 4th February being eligible. Mr Shaw submitted that a penalty that did not affect his chances of selection should be applied.

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Mr Muirhead in response suggested there were other drivers who also had a chance had not committed this type of breach and their chances should be respected also.

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Taking into account the evidence given and all relevant factors and submissions Junior Driver Mr S Jones has his licence suspended until the conclusion of racing on the 14th February 2008

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--

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Jeff Holloway

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Chairman

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: fae85dd6bd164e6a9f5fec2ad90e70dc


informantnumber:


horsename:


hearing_racingtype: harness-racing


startdate: 20/01/2008


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Morrinsville TC - 20 January 2008 - Race 8


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Stipendiary Steward Mr J MUIRHEAD laid an information against Junior Driver Mr S JONES alleging a breach of Rule 869(3)(b) (careless driving) in Race 8.

--



Stipendiary Steward Mr J MUIRHEAD laid an information against Junior Driver Mr S JONES alleging a breach of Rule 869(3)(b) (careless driving) in Race 8.

--

--

The Information charged Mr Jones Driver of CLONMELL with causing interference to MAKSART, (Driver F KIRK) resulting in MAKSART being forced wider on the track and making contact with LORD LAXON (Driver N CHILCOTT) which broke and lost its chance with approximately 100 metres to run.

--

--

Mr Jones was assisted by Horseman Mr T Shaw and admitted the charge.

--

--

Mr Muirhead referred to video footage of the final run home from the turn and identified CLONMELL three wide, MAKSART 4 wide and LORD LAXON 5 wide. The footage clearly showed on three occasions when under a vigorous drive by Mr Jones, and being whipped on the offside, CLONMELL to run out wider on the track failing to maintain a straight line to the post

--

--

On the first occasion Mr Muirhead submitted the outwards movement of the horse into the path of wider horses in response to the use of the whip was forgivable.

--

--

Prior to the second occasion he should have taken corrective action by switching the use of his whip to the opposite rump and being more aware of the impact of this whipping on the other horses and guiding his horse away from running out again.

--

--

On the third occasion with approximately 200 metres to run the horse again under the whip on the offside ducks out on the outside horses with MAKSART running away from him and being forced wide, and LORD LAXON breaking up.

--

--

Mr Muirhead suggest that the first occasion should have served as a warning, the second outwards movement was not understandable and the final ducking out that interfered with MAKSART and LORD LAXON was completely unforgivable and was careless driving in the extreme verging on reckless.

--

--

Mr Jones should have done a lot better and showed a distinct lack of horsemanship even as a Junior Driver.

--

--

Mr Muirhead referred to videos which showed CLONMELL had moved from 3 wide at the turn to 7 wide or better immediately before he ran out the final time that caused the interference.

--

--

Mr Shaw agreed with the summary of the events as they unfolded and admitted that Mr Jones' action had been careless. He suggested that Mr Jones' behaviour exhibited a lack of experience rather than a lack of horsemanship and that in years to come would question his behaviour in this race.

--

--

DECISION AND PENALTY

--

--

With the breach not being contested and on the evidence adduced the charge is clearly established.

--

--

Mr Muirhead in submissions on penalty sought suspension for a period of 4 weeks as this was careless driving in the extreme. The bottom end of suspension started at 2 days and at the extreme was six weeks. Taking into account his guilty plea, preference for suspension over a fine and his cooperation he submitted a 4 week period was fair. Mr Muirhead said that reckless driving suspensions started at 6 weeks and in his opinion this was just under. He produced Mr Jones driving record.

--

--

In response Mr Jones said that he stopped driving his horse on all three occasions in an effort to correct him and he did not make contact with any other of the horses.

--

--

Mr Shaw said that on looking at the video it appeared to him that Miss Chilcott could not have had a chance in the race and the effect on that horses final position was minimal.

--

--

He had discussed with Mr Jones his performance in the race and agreed with relevant comments by Messrs Muirhead and Taumanu. He submitted that the actions could be attributed more to lack of experience and with further driving would improve.

--

--

Mr Jones had a total of approximately 120 drives and was a contender to represent New Zealand at the UDR Drivers and that a suspension may affect his chances of being selected with results up to the 4th February being eligible. Mr Shaw submitted that a penalty that did not affect his chances of selection should be applied.

--

--

Mr Muirhead in response suggested there were other drivers who also had a chance had not committed this type of breach and their chances should be respected also.

--

--

Taking into account the evidence given and all relevant factors and submissions Junior Driver Mr S Jones has his licence suspended until the conclusion of racing on the 14th February 2008

--

--

--

Jeff Holloway

--

Chairman


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Old Hearing


Rules: 869.3.b


Informant:


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Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 227cba229cd099801f28d8773e398a07


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meetdate: 20/01/2008


meet_title: Morrinsville TC - 20 January 2008


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name: Morrinsville TC