NZ Metro TC 10 December 2016 – R 1 – Chair, Mr R McKenzie
ID: JCA16605
Meet Title:
NZ Metro TC - 10 December 2016
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2016/12/10
Race Number:
R1
Decision:
Mr Kleinhans having admitted the breach, the charge was found proved.
Penalty:
Mr Kleinhans was fined the sum of $300.
Facts:
Following the running of Race 1, Bishopdale/Bush Inn TAB’s & Tavern Harewood (Amateur) Mobile Pace, an information was filed by Chief Stipendiary Steward, Mr N M Ydgren, against Licensed Amateur Driver (USA), Mr P Kleinhans, alleging that Mr Kleinhans, as the driver of EARTHBOUND in the race, “drove carelessly on the first turn by allowing his gelding to contact the sulky wheel of LIVING LEGEND (R A Reekie) causing it [EARTHBOUND] to break and lose all chance”.
Mr Kleinhans was present at the hearing of the information and he indicated that he admitted the charge. Mr Kleinhans was assisted at the hearing by Licensed Advanced Amateur, Mr J B McDermott.
Rule 869 provides as follows:
(2) No horseman in any race shall drive:-
(b) carelessly
Mr Ydgren showed a video replay of the early stages of the race, a 2600 metres mobile start race. He pointed out EARTHBOUND, driven by Mr Kleinhans, racing in 3rd position and widest on the track as the field approached the bend out of the home straight, approximately 200 metres after the start. The leader at that point was EJA PATRON (M F Maynard) and in 2nd position to the inside of Mr Kleinhans was LIVING LEGEND (R A Reekie), which was racing outside the leader. Mr Kleinhans had a “considerable hold” on his horse, Mr Ydgren said. Mr Kleinhans then restrained to take up a position closer to the pylons but, in doing so, made contact with the inside sulky wheel of LIVING LEGEND causing his own runner to gallop and lose its chance, Mr Ydgren said.
Mr McDermott, who is the trainer of EARTHBOUND, said that the horse is a difficult horse to restrain, particularly since he nearly always begins fast from a mobile start. Mr Kleinhans was unfamiliar with the horse and New Zealand conditions, Mr McDermott said. Mr Ydgren agreed that the horse was overracing, but submitted that that was a risk a driver took in shifting ground if his horse was overracing.
Mr Kleinhans did not wish to say anything in relation to the incident.
Submissions for Penalty:
Mr McDermott said that he had been informed by Mr Kleinhans that he has a clear record. In America, he has driven in excess of 500 races for 51 wins, Mr McDermott said. Mr Ydgren was able to confirm Mr Kleinhans’ good record.
Mr Ydgren referred to the Penalty Guide starting point of a $500 fine. He submitted that having regard to Mr Kleinhans’ good record and his admission of the breach, Stewards felt that a fine of $300 was appropriate.
Reasons for Penalty:
In determining penalty, the Committee had regard to the Penalty Guide which provides a starting point for a breach of the Rule of 10 drives or a fine of $500. Taking that starting point of a $500 fine (a fine being the appropriate penalty), the Committee was able to give Mr Kleinhans a discount of $200 for his good record, of which we were aware, and his admission of the breach. There were no other mitigating factors. The Committee assessed the seriousness of the breach to be no worse than mid-range.
JCA Decision Fields (raw)
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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: cb8d3ef1224ea9d5e4d3fab1616024a7
informantnumber: A8329
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: admitted
penaltyrequired: 1
decisiondate: 12/12/2016
hearing_title: NZ Metro TC 10 December 2016 - R 1 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 1, Bishopdale/Bush Inn TAB’s & Tavern Harewood (Amateur) Mobile Pace, an information was filed by Chief Stipendiary Steward, Mr N M Ydgren, against Licensed Amateur Driver (USA), Mr P Kleinhans, alleging that Mr Kleinhans, as the driver of EARTHBOUND in the race, “drove carelessly on the first turn by allowing his gelding to contact the sulky wheel of LIVING LEGEND (R A Reekie) causing it [EARTHBOUND] to break and lose all chance”.
Mr Kleinhans was present at the hearing of the information and he indicated that he admitted the charge. Mr Kleinhans was assisted at the hearing by Licensed Advanced Amateur, Mr J B McDermott.
Rule 869 provides as follows:
(2) No horseman in any race shall drive:-
(b) carelessly
Mr Ydgren showed a video replay of the early stages of the race, a 2600 metres mobile start race. He pointed out EARTHBOUND, driven by Mr Kleinhans, racing in 3rd position and widest on the track as the field approached the bend out of the home straight, approximately 200 metres after the start. The leader at that point was EJA PATRON (M F Maynard) and in 2nd position to the inside of Mr Kleinhans was LIVING LEGEND (R A Reekie), which was racing outside the leader. Mr Kleinhans had a “considerable hold” on his horse, Mr Ydgren said. Mr Kleinhans then restrained to take up a position closer to the pylons but, in doing so, made contact with the inside sulky wheel of LIVING LEGEND causing his own runner to gallop and lose its chance, Mr Ydgren said.
Mr McDermott, who is the trainer of EARTHBOUND, said that the horse is a difficult horse to restrain, particularly since he nearly always begins fast from a mobile start. Mr Kleinhans was unfamiliar with the horse and New Zealand conditions, Mr McDermott said. Mr Ydgren agreed that the horse was overracing, but submitted that that was a risk a driver took in shifting ground if his horse was overracing.
Mr Kleinhans did not wish to say anything in relation to the incident.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Kleinhans having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr McDermott said that he had been informed by Mr Kleinhans that he has a clear record. In America, he has driven in excess of 500 races for 51 wins, Mr McDermott said. Mr Ydgren was able to confirm Mr Kleinhans’ good record.
Mr Ydgren referred to the Penalty Guide starting point of a $500 fine. He submitted that having regard to Mr Kleinhans’ good record and his admission of the breach, Stewards felt that a fine of $300 was appropriate.
reasonsforpenalty:
In determining penalty, the Committee had regard to the Penalty Guide which provides a starting point for a breach of the Rule of 10 drives or a fine of $500. Taking that starting point of a $500 fine (a fine being the appropriate penalty), the Committee was able to give Mr Kleinhans a discount of $200 for his good record, of which we were aware, and his admission of the breach. There were no other mitigating factors. The Committee assessed the seriousness of the breach to be no worse than mid-range.
penalty:
Mr Kleinhans was fined the sum of $300.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: N M Ydgren, Chief Stipendiary Steward
JockeysandTrainer: P Kleinhans, Licensed Amateur Horseman (USA)
Otherperson: J B McDermott, Licensed Advanced Amateur Horseman
PersonPresent:
Respondent:
StipendSteward:
raceid: 7e74f7790cb66d81ee428b6aef6ddb26
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: e1afacff9067806589a8b0ac599adae2
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 10/12/2016
meet_title: NZ Metro TC - 10 December 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: SChing
meet_pm2: none
name: NZ Metro TC