NZ Metro TC 10 November 2015 – R 7 – Chair, Mr R McKenzie
ID: JCA12831
Meet Title:
NZ Metro TC - 10 November 2015
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2015/11/10
Race Number:
R7
Decision:
Mr May having admitted the breach, the charge was found proved.
Penalty:
The Committee granted Mr May’s application for a deferment of the suspension until after the close of racing on Friday, 13 November next.
Mr May’s Open Horseman’s Licence was suspended from after the close of racing on Friday, 13 November up to and including Sunday, 22 November 2015 – 3 driving days. The meetings intended to be encompassed by the period of suspension are Forbury Park on 19 November, Timaru on 21 November and Banks Peninsula on 22 November.
Facts:
Following the running of Race 7, NRM Sires’ Stakes Series 32 – Three-Year-Old Final (Group 1), an information was filed by Co-Chief Stipendiary Steward, Mr N G McIntyre, against Licensed Open Driver, Mr R T May, alleging that, as the driver of CLASSIE BRIGADE in the race, he drove carelessly in that “in the early stages of the run home [he] shifted inwards when not sufficiently clear of G I JOE (K E Manning) who was checked as a result”.
Mr May had signed the Statement by the Respondent on the information form indicating that he admitted the breach. Because Mr May had driving commitments for the remainder of the programme, Mr May was represented at the hearing, with the consent of Mr McIntyre, by Mr B C Hutton, Licensed Public Trainer and Licensed Open Horseman.
Rule 869 provides as follows:
(3) No horseman in any race shall drive:-
(b) carelessly
Mr McIntyre showed video replays of the final 300-400 metres of the race. He identified the relevant runners. G I JOE, driven by Ms K E Manning, was racing 4-back on the markers with CLASSIE BRIGADE, driven by Mr May, 3-back on the markers, directly in front of Ms Manning. Mr McIntyre said that, as the field entered the final straight and approached the passing lane, Ms Manning shifted to the inside of Mr May, who had “tracked out” rounding the bend on the back of MOTOWN (J I Dickie), and became clearly established in a position on the inside of Mr May and was going forward.
At that point, Mr May turned his horse’s head down the track and continued his movement down. Ms Manning had to check her horse, which paced roughly and struck a track marker pylon. Ms Manning lost her rightful running in the incident, Mr McIntyre submitted.
Mr Hutton submitted that both horses had raced “quite greenly”. He also submitted that, at all times, Mr May’s wheel was inside the wheel of Ms Manning. Mr May’s horse was travelling well and Mr May was always going to improve into the gap and the intractability of his horse had contributed to the incident. Ms Manning’s horse had also contributed through its greenness, Mr Hutton submitted.
Mr McIntyre said that the Stewards assessed the carelessness as being mid-range. Ms Manning was entitled to a “clear and unobstructed run” to the finishing line and this had been denied her, he submitted. Mr May was able to secure a run that he was not entitled to.
Submissions for Penalty:
Mr McIntyre submitted that the Committee should take into account that the race was a Group 1 event for a total stake of $170,000. He reiterated that the carelessness was mid-range in the view of the Stewards.
Mr May has had 139 drives in the season to date. He was fined $350 for careless driving on 31 May 2015. Having regard to the number of drives that Mr May has, his record may be recorded as a good one, Mr McIntyre said.
Mr McIntyre referred to the Penalty Guide which suggested a starting point for penalty for careless driving in a major race of a 3 days’ suspension. (A “major race” means a race with stakes of $40,000 or more).
Mr May was seeking a deferment of the suspension, pursuant to Rule 1304 (1) (b), until after Show Day, Friday 13 November, Mr McIntyre said. This was confirmed by Mr Hutton.
Mr Hutton said that Mr May acknowledged his carelessness but asked that a suspension at the lower end of the range be imposed. He reiterated the mitigating factors that he had put to the Committee earlier in the hearing.
Reasons for Penalty:
The Committee noted the suggested starting point for penalty as a 3 days’ suspension. The Committee assessed the degree of carelessness as being in the mid-high range with the interference to Ms Manning’s horse occurring at a critical stage of the race and denying her a chance of finishing in a higher placing. Mr May, having secured the run, finished in 3rd placing. This warranted an uplift in the starting point to 4 days. Against that, Mr May was entitled to a discount, which the Committee assessed at 1 day, for his admission of the breach and his good record.
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: 5df4fb0370df9ea7b5472cf89c53db80
informantnumber: A7714
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: admitted
penaltyrequired: 1
decisiondate: 12/11/2015
hearing_title: NZ Metro TC 10 November 2015 - R 7 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 7, NRM Sires’ Stakes Series 32 – Three-Year-Old Final (Group 1), an information was filed by Co-Chief Stipendiary Steward, Mr N G McIntyre, against Licensed Open Driver, Mr R T May, alleging that, as the driver of CLASSIE BRIGADE in the race, he drove carelessly in that “in the early stages of the run home [he] shifted inwards when not sufficiently clear of G I JOE (K E Manning) who was checked as a result”.
Mr May had signed the Statement by the Respondent on the information form indicating that he admitted the breach. Because Mr May had driving commitments for the remainder of the programme, Mr May was represented at the hearing, with the consent of Mr McIntyre, by Mr B C Hutton, Licensed Public Trainer and Licensed Open Horseman.
Rule 869 provides as follows:
(3) No horseman in any race shall drive:-
(b) carelessly
Mr McIntyre showed video replays of the final 300-400 metres of the race. He identified the relevant runners. G I JOE, driven by Ms K E Manning, was racing 4-back on the markers with CLASSIE BRIGADE, driven by Mr May, 3-back on the markers, directly in front of Ms Manning. Mr McIntyre said that, as the field entered the final straight and approached the passing lane, Ms Manning shifted to the inside of Mr May, who had “tracked out” rounding the bend on the back of MOTOWN (J I Dickie), and became clearly established in a position on the inside of Mr May and was going forward.
At that point, Mr May turned his horse’s head down the track and continued his movement down. Ms Manning had to check her horse, which paced roughly and struck a track marker pylon. Ms Manning lost her rightful running in the incident, Mr McIntyre submitted.
Mr Hutton submitted that both horses had raced “quite greenly”. He also submitted that, at all times, Mr May’s wheel was inside the wheel of Ms Manning. Mr May’s horse was travelling well and Mr May was always going to improve into the gap and the intractability of his horse had contributed to the incident. Ms Manning’s horse had also contributed through its greenness, Mr Hutton submitted.
Mr McIntyre said that the Stewards assessed the carelessness as being mid-range. Ms Manning was entitled to a “clear and unobstructed run” to the finishing line and this had been denied her, he submitted. Mr May was able to secure a run that he was not entitled to.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr May having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr McIntyre submitted that the Committee should take into account that the race was a Group 1 event for a total stake of $170,000. He reiterated that the carelessness was mid-range in the view of the Stewards.
Mr May has had 139 drives in the season to date. He was fined $350 for careless driving on 31 May 2015. Having regard to the number of drives that Mr May has, his record may be recorded as a good one, Mr McIntyre said.
Mr McIntyre referred to the Penalty Guide which suggested a starting point for penalty for careless driving in a major race of a 3 days’ suspension. (A “major race” means a race with stakes of $40,000 or more).
Mr May was seeking a deferment of the suspension, pursuant to Rule 1304 (1) (b), until after Show Day, Friday 13 November, Mr McIntyre said. This was confirmed by Mr Hutton.
Mr Hutton said that Mr May acknowledged his carelessness but asked that a suspension at the lower end of the range be imposed. He reiterated the mitigating factors that he had put to the Committee earlier in the hearing.
reasonsforpenalty:
The Committee noted the suggested starting point for penalty as a 3 days’ suspension. The Committee assessed the degree of carelessness as being in the mid-high range with the interference to Ms Manning’s horse occurring at a critical stage of the race and denying her a chance of finishing in a higher placing. Mr May, having secured the run, finished in 3rd placing. This warranted an uplift in the starting point to 4 days. Against that, Mr May was entitled to a discount, which the Committee assessed at 1 day, for his admission of the breach and his good record.
penalty:
The Committee granted Mr May’s application for a deferment of the suspension until after the close of racing on Friday, 13 November next.
Mr May’s Open Horseman’s Licence was suspended from after the close of racing on Friday, 13 November up to and including Sunday, 22 November 2015 – 3 driving days. The meetings intended to be encompassed by the period of suspension are Forbury Park on 19 November, Timaru on 21 November and Banks Peninsula on 22 November.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr N G McIntyre - Co-Chief Stipendiary Steward
JockeysandTrainer: R T May, Licensed Open Driver
Otherperson: B C Hutton, Licensed Public Trainer/Open Driver
PersonPresent:
Respondent:
StipendSteward:
raceid: 47434c2f5093dbf42ab8f014f02279ca
race_expapproval:
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race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
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race_pm2:
meetid: b3c01fc2c65172b080dc16f04b46c609
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meetdate: 10/11/2015
meet_title: NZ Metro TC - 10 November 2015
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