Archive Decision

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NZ Metro TC 1 December 2017 – R 8 – Chair, Mr P Williams

ID: JCA15117

Applicant:
Mr N Ydgren - Chief Stipendiary Steward

Respondent(s):
Mr G O'Reilly - Open Horseman

Information Number:
A8980

Hearing Type:
Hearing

New Charge:
Careless Driving

Rules:
869(3)(b)

Plea:
admitted

Meet Title:
NZ Metro TC - 1 December 2017

Meet Chair:
PWilliams

Meet Committee Member 1:
HWeston

Race Date:
2017/12/01

Race Number:
R8

Decision:

As Mr O’Reilly admitted the breach the charge was found proved.

Penalty:

Mr O’Reilly is fined $400.

Facts:

Following the running of race 8 the “Prime Panels NZ Mobile Pace” Information A8980 was lodged by Chief Stipendiary Steward Mr N Ydgren alleging a breach of Rule 869(3)(b) by Open Horseman Mr G O’Reilly. The Information stated “you drove carelessly rounding the final bend when shifting outwards when insufficient room existed”. Mr O’Reilly 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”.

Submissions for Decision:

Mr Ydgren showed the films of the horses rounding the final turn into the home straight. He highlighted Mr O’Reilly, driving “Glegarry Rose”, 3 back on the fence and being held up by “Van Laddie” who was in the trail but beginning to weaken. He said the film showed that Mr O’Reilly shifted out from behind “Van Laddie” and placed “I’m Jimmy James” in restricted room causing that horse to check and blunder quite badly.

To a question from the Committee, Mr Ydgren said he had spoken to the driver of “I’m Jimmy James” (Mr Cox) who said all the pressure he received was from his inside with none coming from his outside.

Mr O’Reilly said he readily admitted the breach as the film was very clear. He said he thought he established himself into a gap but clearly he hadn’t and he ran out of room which resulted in the check to Mr Cox’s horse.

Submissions for Penalty:

Mr Ydgren said Mr O’Reilly was a busy driver having had 97 drives this season, 348 last season and 293 in 2015/16. 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. He said the Stewards believed the severity of the breach to be in the mid-range but also added that Mr O’Reilly was fortunate the consequences of his actions were not more serious. He believed credit should be given to Mr O’Reilly for admitting the breach and also in recognition his very good driving record, this being only his second breach of the Rule in the previous 12 months – the previous being on 19 May 2017. Mr Ydgren said it was the Stewards' submission that on this occasion an 8 drive suspension or $400 fine was an appropriate penalty.

Mr O’Reilly said he would prefer a fine to a suspension as he had a number of promising drives coming up over the holiday period.

Reasons for Penalty:

The Committee has reviewed the films of the incident and the evidence and submissions from all parties. It is very clear that as Mr O’Reilly has shifted out from behind “Van Laddie” just as the horses were straightening for the run home he has attempted to move into a gap that simply wasn’t there. As a result, “I’m Jimmy James”, which was to the outside of Mr O’Reilly, has been placed in very restricted room and blundered quite badly. The Committee believes the severity of the carelessness to be in the mid-range making the starting point for a penalty a $500 fine. The Committee does not believe there are any additional aggravating factors to justify an increase in the starting point but does believe a reduction of $100 is justified in recognition of Mr O’Reilly’s good record and his ready admission of the breach.

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: 6b341f9696d23e70e64d19eab2ed79c4


informantnumber: A8980


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Driving


plea: admitted


penaltyrequired: 1


decisiondate: 04/12/2017


hearing_title: NZ Metro TC 1 December 2017 - R 8 - Chair, Mr P Williams


charge:


facts:

Following the running of race 8 the “Prime Panels NZ Mobile Pace” Information A8980 was lodged by Chief Stipendiary Steward Mr N Ydgren alleging a breach of Rule 869(3)(b) by Open Horseman Mr G O’Reilly. The Information stated “you drove carelessly rounding the final bend when shifting outwards when insufficient room existed”. Mr O’Reilly 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”.


appealdecision:


isappeal:


submissionsfordecision:

Mr Ydgren showed the films of the horses rounding the final turn into the home straight. He highlighted Mr O’Reilly, driving “Glegarry Rose”, 3 back on the fence and being held up by “Van Laddie” who was in the trail but beginning to weaken. He said the film showed that Mr O’Reilly shifted out from behind “Van Laddie” and placed “I’m Jimmy James” in restricted room causing that horse to check and blunder quite badly.

To a question from the Committee, Mr Ydgren said he had spoken to the driver of “I’m Jimmy James” (Mr Cox) who said all the pressure he received was from his inside with none coming from his outside.

Mr O’Reilly said he readily admitted the breach as the film was very clear. He said he thought he established himself into a gap but clearly he hadn’t and he ran out of room which resulted in the check to Mr Cox’s horse.


reasonsfordecision:


Decision:

As Mr O’Reilly admitted the breach the charge was found proved.

sumissionsforpenalty:

Mr Ydgren said Mr O’Reilly was a busy driver having had 97 drives this season, 348 last season and 293 in 2015/16. 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. He said the Stewards believed the severity of the breach to be in the mid-range but also added that Mr O’Reilly was fortunate the consequences of his actions were not more serious. He believed credit should be given to Mr O’Reilly for admitting the breach and also in recognition his very good driving record, this being only his second breach of the Rule in the previous 12 months – the previous being on 19 May 2017. Mr Ydgren said it was the Stewards' submission that on this occasion an 8 drive suspension or $400 fine was an appropriate penalty.

Mr O’Reilly said he would prefer a fine to a suspension as he had a number of promising drives coming up over the holiday period.


reasonsforpenalty:

The Committee has reviewed the films of the incident and the evidence and submissions from all parties. It is very clear that as Mr O’Reilly has shifted out from behind “Van Laddie” just as the horses were straightening for the run home he has attempted to move into a gap that simply wasn’t there. As a result, “I’m Jimmy James”, which was to the outside of Mr O’Reilly, has been placed in very restricted room and blundered quite badly. The Committee believes the severity of the carelessness to be in the mid-range making the starting point for a penalty a $500 fine. The Committee does not believe there are any additional aggravating factors to justify an increase in the starting point but does believe a reduction of $100 is justified in recognition of Mr O’Reilly’s good record and his ready admission of the breach.


penalty:

Mr O’Reilly is fined $400.

hearing_type: Hearing


Rules: 869(3)(b)


Informant: Mr N Ydgren - Chief Stipendiary Steward


JockeysandTrainer: Mr G O'Reilly - Open Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 29a77f46533d7f5e8975f3e1c1995648


race_expapproval:


racecancelled: 0


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: edaf151add1aa5fd7f8b484f0f63412a


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 01/12/2017


meet_title: NZ Metro TC - 1 December 2017


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: nz-metro-tc


meet_racingtype: harness-racing


meet_chair: PWilliams


meet_pm1: HWeston


meet_pm2: none


name: NZ Metro TC