NZ Metro TC 1 November 2013 – R 4
ID: JCA17526
Meet Title:
NZ Metro TC - 1 November 2013
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2013/11/01
Race Number:
R4
Decision:
As Mr McGrath had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
Mr McGrath was fined the sum of $200.
Facts:
Following the running of Race 4, the Nigel McGrath Buys From Chevron Cars Direct Mobile Pace, an information was filed by Stipendiary Steward, Mr S Renault against Open Horseman, Mr N McGrath alleging a breach of Rule 869(3)(b) and the Easing Down Regulations in that he drove carelessly when driving THE FLYING SCOTSMAN near the 2300m.
Mr McGrath had indicated on the Information that this breach of the Rules was admitted. Mr McGrath confirmed this at the hearing and that he understood the rule and regulation he was being charged under.
The charge reads as follows:
I, the above named informant allege that the above named Defendant committed a breach of Rule 869(3)(b) and the Easing Down Regulations in that, when racing about the 2300m you failed to concede your position to CALL ME DANNY who was entitled to ease you down causing your horse to gallop.”
Rule 869(3)(b) reads as follows:
“(3) No horseman in any race shall drive:-
(b) carelessly:-
The Easing Down Regulation reads as follows:
Subject to Rule 869(3) Careless Driving, 869(4) Causing Interference, horsemen shall be permitted to make moves with safety, provided they are in a position to do so by having a “clear advantage” over the horse they are about to move inwards, and the horse is clear of other horses on its inside so it can be moved in and that the manoeuvre is conducted in a gradual and acceptable manner.
Easing down applies during the final 1,000 metres, regardless of margin so long as it does not cause interference.
Any horseman who fails to concede, when not in a position to maintain his/her place, may be charged under Rule 869(3) Careless Driving.
Submissions for Decision:
Mr Renault gave evidence and used video coverage to show that near the 2300m Mr McGrath, driving THE FLYING SCOTSMAN, was racing in a 2 wide position with Mr O’Reilly driving CALL ME DANNY immediately outside in a 3 wide position. Mr Renault demonstrated on the film that CALL ME DANNY had a clear head advantage on the FLYING SCOTSMAN when Mr O’Reilly attempted to ease down THE FLYING SCOTSMAN, which he was entitled to do. Mr Renault stated that there was room on the inside of THE FLYING SCOTSMAN for that horse to be eased down by Mr O’Reilly. He said that Mr McGrath resisted the easing down by Mr O’Reilly until his own horse, THE FLYING SCOTSMAN broke for 3 to 4 strides. Mr Renault submitted this was a clear breach of the Easing Down Regulations.
Mr McGrath stated that the reason he resisted Mr O’Reilly’s easing down movement was that he did not want to be on the pylons during the running. He submitted that THE FLYING SCOTSMAN only broke for 3-4 strides which did not affect the horses chances.
Submissions for Penalty:
Mr Renault informed the Committee that Mr McGrath had a clear record and credit should be given for his ready admission of the breach. Mr Renault said that Mr McGrath had driven on 27 occasions this season with 113 drives last season. He submitted that the breach was low-range as the effects on THE FLYING SCOTSMAN were minimal and no other horse was affected.
Mr Renault stated that the JCA Penalty Guide indicated a starting point of $400 or 8 drives. He submitted that as this breach was at the lower end a fine of $200 should be considered as penalty.
Mr McGrath submitted that as the breach was low end that a minimal fine of less than $200 be considered.
Reasons for Penalty:
In determining penalty, the Committee took into account Mr McGrath’s ready admission of the breach and his good record. The Committee considered this breach and consequential effects to be low-range. After researching similar penalties imposed for similar breaches of this rule the Committee determined that a fine would be an appropriate penalty in this case with the fine being $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: ed9728f68d7e42fd38d1bfcfb2468d3a
informantnumber: A1996
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless driving and breach of Easing Down Regulations
plea: admitted
penaltyrequired: 1
decisiondate: 06/11/2013
hearing_title: NZ Metro TC 1 November 2013 - R 4
charge:
facts:
Following the running of Race 4, the Nigel McGrath Buys From Chevron Cars Direct Mobile Pace, an information was filed by Stipendiary Steward, Mr S Renault against Open Horseman, Mr N McGrath alleging a breach of Rule 869(3)(b) and the Easing Down Regulations in that he drove carelessly when driving THE FLYING SCOTSMAN near the 2300m.
Mr McGrath had indicated on the Information that this breach of the Rules was admitted. Mr McGrath confirmed this at the hearing and that he understood the rule and regulation he was being charged under.
The charge reads as follows:
I, the above named informant allege that the above named Defendant committed a breach of Rule 869(3)(b) and the Easing Down Regulations in that, when racing about the 2300m you failed to concede your position to CALL ME DANNY who was entitled to ease you down causing your horse to gallop.”
Rule 869(3)(b) reads as follows:
“(3) No horseman in any race shall drive:-
(b) carelessly:-
The Easing Down Regulation reads as follows:
Subject to Rule 869(3) Careless Driving, 869(4) Causing Interference, horsemen shall be permitted to make moves with safety, provided they are in a position to do so by having a “clear advantage” over the horse they are about to move inwards, and the horse is clear of other horses on its inside so it can be moved in and that the manoeuvre is conducted in a gradual and acceptable manner.
Easing down applies during the final 1,000 metres, regardless of margin so long as it does not cause interference.
Any horseman who fails to concede, when not in a position to maintain his/her place, may be charged under Rule 869(3) Careless Driving.
appealdecision:
isappeal:
submissionsfordecision:
Mr Renault gave evidence and used video coverage to show that near the 2300m Mr McGrath, driving THE FLYING SCOTSMAN, was racing in a 2 wide position with Mr O’Reilly driving CALL ME DANNY immediately outside in a 3 wide position. Mr Renault demonstrated on the film that CALL ME DANNY had a clear head advantage on the FLYING SCOTSMAN when Mr O’Reilly attempted to ease down THE FLYING SCOTSMAN, which he was entitled to do. Mr Renault stated that there was room on the inside of THE FLYING SCOTSMAN for that horse to be eased down by Mr O’Reilly. He said that Mr McGrath resisted the easing down by Mr O’Reilly until his own horse, THE FLYING SCOTSMAN broke for 3 to 4 strides. Mr Renault submitted this was a clear breach of the Easing Down Regulations.
Mr McGrath stated that the reason he resisted Mr O’Reilly’s easing down movement was that he did not want to be on the pylons during the running. He submitted that THE FLYING SCOTSMAN only broke for 3-4 strides which did not affect the horses chances.
reasonsfordecision:
Decision:
As Mr McGrath had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
sumissionsforpenalty:
Mr Renault informed the Committee that Mr McGrath had a clear record and credit should be given for his ready admission of the breach. Mr Renault said that Mr McGrath had driven on 27 occasions this season with 113 drives last season. He submitted that the breach was low-range as the effects on THE FLYING SCOTSMAN were minimal and no other horse was affected.
Mr Renault stated that the JCA Penalty Guide indicated a starting point of $400 or 8 drives. He submitted that as this breach was at the lower end a fine of $200 should be considered as penalty.
Mr McGrath submitted that as the breach was low end that a minimal fine of less than $200 be considered.
reasonsforpenalty:
In determining penalty, the Committee took into account Mr McGrath’s ready admission of the breach and his good record. The Committee considered this breach and consequential effects to be low-range. After researching similar penalties imposed for similar breaches of this rule the Committee determined that a fine would be an appropriate penalty in this case with the fine being $200.
penalty:
Mr McGrath was fined the sum of $200.
hearing_type: Hearing
Rules: 869 (3)(b) & Easing Down Regulations
Informant: Mr S Renault-Stipendiary Steward
JockeysandTrainer: Mr N McGrath-Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 450c303b73b5a20a2190a31b6d321b97
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: ebac22633acc164d733e44bb095efe38
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 01/11/2013
meet_title: NZ Metro TC - 1 November 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: NZ Metro TC