Nelson HRC 12 January 2018 – R 8 – Chair, Mr P Williams
ID: JCA17917
Meet Title:
Nelson HRC - 12 January 2018
Meet Chair:
PWilliams
Meet Committee Member 1:
TUtikere
Race Date:
2018/01/12
Race Number:
R8
Decision:
Penalty:
Facts:
Following the running of Race 8, the “Golden Edge Pace”, Information A10215 was lodged by Stipendiary Steward Mr S Wallis alleging a breach of Rule 869(3)(b) by Junior Horseman Mr B Hope. The Information stated “B Hope (Benhope Rulz drove carelessly on the final bend by allowing his horse to shift inwards checking “Laytons Lass (T Chmiel) which broke losing its chance”. Mr Hope, who was assisted during the hearing by Open Horseman Mr D Dunn, signed the Information admitting the breach and at the beginning of the hearing confirmed that was correct and that he understood the Rule under which he was charged.
Rule 869(3)(b) states:- “No horseman in any race shall drive carelessly”.
Mr Wallis showed the side-on and “point of the turn” films of the horses rounding the final turn into the home straight. He highlighted Mr Hope, driving “Benhope Rulz”, racing 4 wide with Mr Chmiel driving “Laytons Lass” to his inside and “Pembrook’s Passion” driven by Mr Smith to the inside of Mr Chmiel. He said as the horses straightened for the run home Mr Hope activated the removable deafners on his horse but in doing so allowed his horse to shift inwards checking Mr Chmiel’s horse which then galloped for the remainder of the race losing all chance.
To a question from the Committee, Mr Wallis said when questioning Mr Chmiel about the incident Mr Chmiel had said there was no outwards movement by Mr Smith that might have also contributed to his horse breaking.
Mr Hope said coming round the final bend his horse was hanging quite badly and as he pulled the removable gear it had ducked in. He conceded that he probably should have waited a little bit longer before removing the gear. He also confirmed he had driven the horse in all of its 4 starts to date.
Mr Dunn said the incident had occurred simply because of the inexperience of Mr Hope and, as Mr Hope himself had said, he should have waited a bit longer and got the horse better balanced before removing the gear. He said it wasn’t a bad drive but, with the horse hanging a bit and removing the gear when he did, the result was that it ran in and caused the check to Mr Chmiel.
Submissions for Penalty:
Mr Wallis said Mr Hope had had 48 lifetime drives and had not previously breached this Rule. He said the JCA’s Penalty Guidelines state a starting point for a breach of this Rule is a $500 fine or a 10 drive suspension. Mr Wallis said the Stewards believed there needed to be an uplift of $100 in the starting point because Mr Hope’s actions caused Mr Chmiel’s horse to break and lose all chance. He added that the Stewards believed the severity of the breach to be in the mid to high range which justified a further uplift of $100 in the starting point. However, in recognition of Mr Hope’s clear record, his inexperience and his admittance of the breach, Mr Wallis submitted a reduction of $100 should be applied and that a penalty of a fine of $500 be imposed.
Mr Hope asked the Committee to note his inexperience as a driver, his admittance of the breach and that coming round the turn his horse was hanging quite badly.
Mr Dunn asked the Committee to take into account that Mr Hope was a young driver still learning his trade and that a fine of $500 was a significant penalty for a junior horseman and more than he earned for winning the race. He added he was sure that Mr Hope would learn from today’s experience.
Reasons for Penalty:
The Committee has reviewed the films of the incident and the evidence and submissions from all parties. There is no dispute from Mr Hope and Mr Dunn that, when activating the removeable gear on “Benhope Rulz” it shifted in and caused a check to Mr Chmiel’s horse which then broke and lost all chance.
The starting point penalty for a mid-range breach of this Rule is a $500 fine. The Committee believes the severity of the carelessness today to be just above mid-range and for that reason we have increased the starting point to $600. We believe that increase takes into account the impact on Mr Chmiel so do not increase it any further. In mitigation, we take into account Mr Hope’s admittance of the breach and him being an inexperienced junior horseman having less than 50 lifetime drives to date and believe those two factors justify a reduction of $150 from the increased starting point of $600.
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: ff4fd7274738b5c81f43d5678813ca1a
informantnumber: A10215
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: admitted
penaltyrequired: 1
decisiondate: 15/01/2018
hearing_title: Nelson HRC 12 January 2018 - R 8 - Chair, Mr P Williams
charge:
facts:
Following the running of Race 8, the “Golden Edge Pace”, Information A10215 was lodged by Stipendiary Steward Mr S Wallis alleging a breach of Rule 869(3)(b) by Junior Horseman Mr B Hope. The Information stated “B Hope (Benhope Rulz drove carelessly on the final bend by allowing his horse to shift inwards checking “Laytons Lass (T Chmiel) which broke losing its chance”. Mr Hope, who was assisted during the hearing by Open Horseman Mr D Dunn, signed the Information admitting the breach and at the beginning of the hearing confirmed that was correct and that he understood the Rule under which he was charged.
Rule 869(3)(b) states:- “No horseman in any race shall drive carelessly”.
Mr Wallis showed the side-on and “point of the turn” films of the horses rounding the final turn into the home straight. He highlighted Mr Hope, driving “Benhope Rulz”, racing 4 wide with Mr Chmiel driving “Laytons Lass” to his inside and “Pembrook’s Passion” driven by Mr Smith to the inside of Mr Chmiel. He said as the horses straightened for the run home Mr Hope activated the removable deafners on his horse but in doing so allowed his horse to shift inwards checking Mr Chmiel’s horse which then galloped for the remainder of the race losing all chance.
To a question from the Committee, Mr Wallis said when questioning Mr Chmiel about the incident Mr Chmiel had said there was no outwards movement by Mr Smith that might have also contributed to his horse breaking.
Mr Hope said coming round the final bend his horse was hanging quite badly and as he pulled the removable gear it had ducked in. He conceded that he probably should have waited a little bit longer before removing the gear. He also confirmed he had driven the horse in all of its 4 starts to date.
Mr Dunn said the incident had occurred simply because of the inexperience of Mr Hope and, as Mr Hope himself had said, he should have waited a bit longer and got the horse better balanced before removing the gear. He said it wasn’t a bad drive but, with the horse hanging a bit and removing the gear when he did, the result was that it ran in and caused the check to Mr Chmiel.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
sumissionsforpenalty:
Mr Wallis said Mr Hope had had 48 lifetime drives and had not previously breached this Rule. He said the JCA’s Penalty Guidelines state a starting point for a breach of this Rule is a $500 fine or a 10 drive suspension. Mr Wallis said the Stewards believed there needed to be an uplift of $100 in the starting point because Mr Hope’s actions caused Mr Chmiel’s horse to break and lose all chance. He added that the Stewards believed the severity of the breach to be in the mid to high range which justified a further uplift of $100 in the starting point. However, in recognition of Mr Hope’s clear record, his inexperience and his admittance of the breach, Mr Wallis submitted a reduction of $100 should be applied and that a penalty of a fine of $500 be imposed.
Mr Hope asked the Committee to note his inexperience as a driver, his admittance of the breach and that coming round the turn his horse was hanging quite badly.
Mr Dunn asked the Committee to take into account that Mr Hope was a young driver still learning his trade and that a fine of $500 was a significant penalty for a junior horseman and more than he earned for winning the race. He added he was sure that Mr Hope would learn from today’s experience.
reasonsforpenalty:
The Committee has reviewed the films of the incident and the evidence and submissions from all parties. There is no dispute from Mr Hope and Mr Dunn that, when activating the removeable gear on “Benhope Rulz” it shifted in and caused a check to Mr Chmiel’s horse which then broke and lost all chance.
The starting point penalty for a mid-range breach of this Rule is a $500 fine. The Committee believes the severity of the carelessness today to be just above mid-range and for that reason we have increased the starting point to $600. We believe that increase takes into account the impact on Mr Chmiel so do not increase it any further. In mitigation, we take into account Mr Hope’s admittance of the breach and him being an inexperienced junior horseman having less than 50 lifetime drives to date and believe those two factors justify a reduction of $150 from the increased starting point of $600.
penalty:
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr S Wallis - Stipendiary Steward
JockeysandTrainer: Mr B Hope - Junior Horseman
Otherperson: Mr D Dunn - Open Horseman assisting Mr Hope
PersonPresent:
Respondent:
StipendSteward:
raceid: 4f87636df88233edd0d3671310a872ae
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race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: c065febf048dd615ee2f700c54814715
meet_expapproval:
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waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 12/01/2018
meet_title: Nelson HRC - 12 January 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nelson-hrc
meet_racingtype: harness-racing
meet_chair: PWilliams
meet_pm1: TUtikere
meet_pm2: none
name: Nelson HRC