Non Raceday Inquiry RIU v C McDowell – decision dated 13 February 2015

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decisiondate: 11/02/2015

hearing_title: Non Raceday Inquiry RIU v C McDowell - decision dated 13 February 2015

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Decision:

RACEDAY JUDICIAL COMMITTEE DECISION

Meeting: Nelson Harness Racing Club

Date: 11 January 2015

Race: 8

Rules: 869 (3)(b)

Committee: S Ching, Chairman - G Clapp, Panelist

Name: Mr C McDowell - Graduation Horseman

Informant: Mr N Ydgren - Stipendiary Steward

Information Number: A6338

Plea: Admitted

Charge: Careless driving

Evidence:

Following the running of Race 8, the “Route 6 Automotive/Richmond Top 10 Holiday Park Mobile Pace”, an information was filed by Stipendiary Steward Mr N Ydgren against Graduation Horseman Mr C McDowell alleging a breach of Rule 869(3)(b). The information alleged that he “drove carelessly with approximately 90m to run by shifting TIN ROOF BLUES outwards abruptly causing a check to A BETTER LOVER”.

Mr McDowell had indicated on the Information that this breach of the Rules was admitted. He had also endorsed the information “I do not wish to be present at hearing”. This was confirmed by Mr Ydgren.

This adjourned charge from the Nelson Harness Racing Club’s meeting on 11 January 2015 was heard at the Banks Peninsula Trotting Clubs meeting at Motukarara on 13 February 2015.

Rule 869(3)(b) states:

“(3) No horseman in any race shall drive:-
(b) carelessly:-

Submissions For Decision:

Mr Ydgren gave evidence and used video coverage to show that near the 90m, Mr McDowell driving TIN ROOF BLUES, was racing midfield with A BETTER LOVER, driven by Mr R Anderson on the outer and COVER DRIVE, driven by Mr D Dunn, immediately ahead. Mr Ydgren stated that TIN ROOF BLUES was travelling well at this point and shifted outwards abruptly from behind COVER DRIVE to gain a run on the outside of that horse. Mr McDowell in shifting out abruptly came into firm contact with A BETTER LOVER causing that horse to check momentarily. He said A BETTER LOVER did not break in this incident but the contact unbalanced the horse and caused him to pace roughly for several strides before regaining its gait.

Mr Ydgren stated that Mr McDowell was entitled to come out at that point as he had an advantage over Mr Anderson but that it was the abrupt movement and the resultant check to A BETTER LOVER that was the reason why Mr McDowell was being charged.

Reasons For Decision:

As Mr McDowell had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).

Decision:

The charge was found to be proved.

Submissions on Penalty:

Mr Ydgren informed the Committee that Mr McDowell had been frank in his admission of the breach and that he had a clear record in regard to this Rule. Mr Ydgren submitted that the level of carelessness was low. He said that Mr McDowell normally drove on 1-2 occasions per race day on average and submitted a fine of $200 or a 2 day suspension be considered as penalty in this case. He also stated that the Stewards would not object to a suspension being imposed. Mr Ydgren informed the Committee that Mr McDowell had confirmed drives at the upcoming meeting at Timaru on 15 February and any suspension imposed would need to start after this date.

Mr Ydgren said that Mr McDowell had informed the Stewards that a suspension was preferred as penalty.

Reasons for Penalty:

In determining penalty, the Committee took into account Mr McDowell’s frank admission of the breach and his clear record in regard to this Rule. The level of carelessness we also assessed as low. After consideration we determined that a suspension was an appropriate penalty in this case. In taking the starting point recommended by JCA Penalty Guide of 8 drives for a breach of this Rule we were able to give Mr McDowell a discount of 2 drives for his frank admission of the breach and a further discount of 2 drives for his clear penalty record. We therefore determined that an appropriate penalty in this case was a suspension of 2 days.

Penalty:

Mr McDowell’s horseman’s license was suspended from the conclusion of racing 15 February 2015 up to and including 22 February 2015. 2 effective days. Meetings encompassing this suspension were Addington on 20 February and Methven 22 February 2015.

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