NZ Metro TC 10 April 2015 – R 3
ID: JCA15709
Code:
Thoroughbred
Meet Title:
NZ Metro TC - 10 April 2015
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2015/04/10
Race Number:
R3
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:
Accordingly Mr McGrath was fined the sum of $250.
Facts:
Following the running of Race 3, the Avon City Ford New Mondeo Range Mobile Pace, an information was filed by Stipendiary Steward Mr N Ydgren against Open Horseman Mr N McGrath alleging a breach of Rule 869(3)(b). The information alleged that he drove carelessly over the concluding stages when allowing his horse to shift outwards checking CORROBOREE, driven by Mr G Smith and TOOT TOOT, driven by Mr R Butt.
Mr McGrath had indicated on the Information that this breach of the Rules was admitted. Mr McGrath confirmed this at the hearing and he also confirmed he understood the Rule he was being charged with.
Rule 869(3)(b) reads as follows:
“(3) No horseman in any race shall drive:-
(b) carelessly:-
Mr Ydgren, gave evidence and used video coverage to show that near the 200m, CLASSIELEA, driven by Mr McGrath, was racing in the lead on the pylons with CORROBOREE, driven by Mr Smith to his outside and TOOT TOOT, driven by Mr Butt to Mr Smith’s immediate outside. Mr Ydgren stated that all three runners were established in their runs at the 200m. Mr Ydgren said that shortly after the 200m CLASSIELEA began to shift outwards under a drive and began to crowd CORROBOREE who was in turn taken out into the line of TOOT TOOT. Mr McGrath continued to shift outwards and as a result TOOT TOOT was squeezed out of its run with CORROBOREE being checked and breaking. Mr Ydgren estimated that Mr McGrath had allowed his horse to shift outwards approximately 2 cart widths over the concluding 200m which caused the interference to CORROBOREE and TOOT TOOT.
Mr McGrath stated that although he had shifted out it was a minimal and gradual movement. Mr McGrath submitted that the two horses checked were both tiring runners at the time of the interference. He also stated that his horse was laying out and he was attempting to keep it on a true line as could been seen on the replays which showed his horse's head angled inwards due to him trying to straighten his drive.
Submissions for Penalty:
Mr Ydgren informed the Committee that Mr McGrath had been frank in his admission of the breach and that he had an excellent record in regard to this Rule. He also said that Mr McGrath had not been before the Stewards on any driver related breaches for quite some time. Mr Ydgren submitted that the Stewards believed the level of carelessness to be mid-range in this incident. He said that Mr McGrath has driven on 68 occasions so far this season and last season drove on 127 occasions which he submitted made him a busy driver. Mr Ydgren stated that the JCA Guidelines recommended a starting point of an 8 drive suspension or a $400 fine for a breach of this Rule. He submitted that a fine of $300 be considered as penalty in this case.
Mr McGrath wanted the Committee to take into consideration his excellent penalty record and the fact that he had admitted the breach. He submitted that a fine of $200 would be an appropriate penalty in this case.
Reasons for Penalty:
In determining penalty, the Committee took into account Mr McGrath’s frank admission of the breach and his excellent penalty record. The level of carelessness we also assessed as being in the mid-range. In taking the starting point recommended by JCA Penalty Guide of $400 for a breach of this Rule we were able to give Mr McGrath a discount of $50 for his frank admission of the breach and a further discount of $100 for his excellent penalty record. We therefore determined that an appropriate penalty in this case was a fine of $250.
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: c6420575783991e3212fa0d7f9a3bd00
informantnumber: A1096
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of Rule 869(3)(b) Careless Driving
plea: admitted
penaltyrequired: 1
decisiondate: 02/04/2015
hearing_title: NZ Metro TC 10 April 2015 - R 3
charge:
facts:
Following the running of Race 3, the Avon City Ford New Mondeo Range Mobile Pace, an information was filed by Stipendiary Steward Mr N Ydgren against Open Horseman Mr N McGrath alleging a breach of Rule 869(3)(b). The information alleged that he drove carelessly over the concluding stages when allowing his horse to shift outwards checking CORROBOREE, driven by Mr G Smith and TOOT TOOT, driven by Mr R Butt.
Mr McGrath had indicated on the Information that this breach of the Rules was admitted. Mr McGrath confirmed this at the hearing and he also confirmed he understood the Rule he was being charged with.
Rule 869(3)(b) reads as follows:
“(3) No horseman in any race shall drive:-
(b) carelessly:-
Mr Ydgren, gave evidence and used video coverage to show that near the 200m, CLASSIELEA, driven by Mr McGrath, was racing in the lead on the pylons with CORROBOREE, driven by Mr Smith to his outside and TOOT TOOT, driven by Mr Butt to Mr Smith’s immediate outside. Mr Ydgren stated that all three runners were established in their runs at the 200m. Mr Ydgren said that shortly after the 200m CLASSIELEA began to shift outwards under a drive and began to crowd CORROBOREE who was in turn taken out into the line of TOOT TOOT. Mr McGrath continued to shift outwards and as a result TOOT TOOT was squeezed out of its run with CORROBOREE being checked and breaking. Mr Ydgren estimated that Mr McGrath had allowed his horse to shift outwards approximately 2 cart widths over the concluding 200m which caused the interference to CORROBOREE and TOOT TOOT.
Mr McGrath stated that although he had shifted out it was a minimal and gradual movement. Mr McGrath submitted that the two horses checked were both tiring runners at the time of the interference. He also stated that his horse was laying out and he was attempting to keep it on a true line as could been seen on the replays which showed his horse's head angled inwards due to him trying to straighten his drive.
appealdecision:
isappeal:
submissionsfordecision:
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 Ydgren informed the Committee that Mr McGrath had been frank in his admission of the breach and that he had an excellent record in regard to this Rule. He also said that Mr McGrath had not been before the Stewards on any driver related breaches for quite some time. Mr Ydgren submitted that the Stewards believed the level of carelessness to be mid-range in this incident. He said that Mr McGrath has driven on 68 occasions so far this season and last season drove on 127 occasions which he submitted made him a busy driver. Mr Ydgren stated that the JCA Guidelines recommended a starting point of an 8 drive suspension or a $400 fine for a breach of this Rule. He submitted that a fine of $300 be considered as penalty in this case.
Mr McGrath wanted the Committee to take into consideration his excellent penalty record and the fact that he had admitted the breach. He submitted that a fine of $200 would be an appropriate penalty in this case.
reasonsforpenalty:
In determining penalty, the Committee took into account Mr McGrath’s frank admission of the breach and his excellent penalty record. The level of carelessness we also assessed as being in the mid-range. In taking the starting point recommended by JCA Penalty Guide of $400 for a breach of this Rule we were able to give Mr McGrath a discount of $50 for his frank admission of the breach and a further discount of $100 for his excellent penalty record. We therefore determined that an appropriate penalty in this case was a fine of $250.
penalty:
Accordingly Mr McGrath was fined the sum of $250.
hearing_type: Hearing
Rules: 869 (3)(b)
Informant: N Ydgren-Stipendiary Steward
JockeysandTrainer: N McGrath-Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 0704b61bb6207a3583cd9bbed20b8b14
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 734cc1c0b25d5909580bdbff7e9618cd
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 10/04/2015
meet_title: NZ Metro TC - 10 April 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: thoroughbred-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: NZ Metro TC