NZ Metro TC 11 July 2014 – R 2
ID: JCA14394
Meet Title:
NZ Metro TC - 11 July 2014
Meet Chair:
RMcKenzie
Meet Committee Member 1:
PWilliams
Race Date:
2014/07/11
Race Number:
R2
Decision:
Mr Ford having admitted the breach, the charge was found proved.
Penalty:
Mr Ford’s Graduation Horseman’s licence is suspended from and including Saturday, 12 July 2014, up to and including Friday, 5 September 2014 – a period of 8 weeks.
Facts:
Following the running of Race 2, Breckon Farms Trot, an information was filed by Co-Chief Stipendiary Steward, Mr N G McIntyre, against Licensed Graduation Horseman, Mr C B Ford, alleging that Mr Ford, as the driver of LITTLE MO in the race, “drove incompetently between the 2100 metres and 400 metres approximately by failing to realise that his gelding had switched to a pace which resulted in him not taking immediate corrective action required to return LITTLE MO to its correct gait”.
Mr Ford was present at the hearing of the information and he indicated that he admitted the breach.
Rule 869 provides as follows:
(3) No horseman shall in any race drive:
(a) incompetently.
Mr McIntyre showed a video replay of the race. He pointed out LITTLE MO, driven by Mr Ford, trailing the leader, SUNBLOC (M P Jones), approximately 300 metres after the start of the 2600 metres standing start event for C0 trotters. As the field approached the 2300 metres, he pointed out LITTLE MO go into a break and be taken clear of the field by Mr Ford.
Mr McIntyre said that the horse came down in a pace at the back of the field and continued in a pace. Mr Ford had informed the Stewards that he had only realised with approximately 400 metres to run that the horse had been pacing, at which point he broke the horse up to get it back into a trot. Mr McIntyre alleged that LITTLE MO had been in a pace for approximately 1700 metres. The horse recovered from its break at the 400 metres and ran on to finish in 4th placing.
Mr Ford did not wish to make any submissions.
Submissions for Penalty:
Mr McIntyre said that Mr Ford had a clear record. He referred to the Penalty Guide which provided for a starting point for a breach of the Rule of 80 drives or a $4,000 fine.
Mr Ford has had 18 drives in the current season. In the 2012/2013 season he had 6 drives and in the 2011/2012 season, 19 drives. He is not a “regular driver”, Mr McIntyre said.
Mr McIntyre submitted that an appropriate penalty would be a suspension of Mr Ford’s licence to drive in races for a period of between 6 and 8 weeks.
Mr Ford had no submissions to make regarding penalty.
Reasons for Penalty:
In determining penalty, the Committee had regard to, as mitigating factors, Mr Ford’s previous good record, albeit from not a large number of drives, and his very frank admission of the breach. The starting point in the Penalty Guide (80 drives or a $4,000 fine) was not appropriate in assessing penalty in a case such as this. Of more assistance to the Committee were the penalties imposed by Judicial Committees in previous similar cases. The Committee was aware of three cases in the last 3 years in which horsemen had allowed their horses to pace during a trotting race and in which the penalties had ranged from 7 days to 7 weeks.
Taking all matters into account including the mitigating factors referred to above, the frequency with which Mr Ford drives and Mr McIntyre’s penalty submission, the Committee decided that an appropriate penalty was a suspension for a period of 8 weeks.
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: 7dd309f7f3009b1261cd2a6c52d12eae
informantnumber: A1591
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Incompetent Driving
plea: admitted
penaltyrequired: 1
decisiondate: 03/07/2014
hearing_title: NZ Metro TC 11 July 2014 - R 2
charge:
facts:
Following the running of Race 2, Breckon Farms Trot, an information was filed by Co-Chief Stipendiary Steward, Mr N G McIntyre, against Licensed Graduation Horseman, Mr C B Ford, alleging that Mr Ford, as the driver of LITTLE MO in the race, “drove incompetently between the 2100 metres and 400 metres approximately by failing to realise that his gelding had switched to a pace which resulted in him not taking immediate corrective action required to return LITTLE MO to its correct gait”.
Mr Ford was present at the hearing of the information and he indicated that he admitted the breach.
Rule 869 provides as follows:
(3) No horseman shall in any race drive:
(a) incompetently.
Mr McIntyre showed a video replay of the race. He pointed out LITTLE MO, driven by Mr Ford, trailing the leader, SUNBLOC (M P Jones), approximately 300 metres after the start of the 2600 metres standing start event for C0 trotters. As the field approached the 2300 metres, he pointed out LITTLE MO go into a break and be taken clear of the field by Mr Ford.
Mr McIntyre said that the horse came down in a pace at the back of the field and continued in a pace. Mr Ford had informed the Stewards that he had only realised with approximately 400 metres to run that the horse had been pacing, at which point he broke the horse up to get it back into a trot. Mr McIntyre alleged that LITTLE MO had been in a pace for approximately 1700 metres. The horse recovered from its break at the 400 metres and ran on to finish in 4th placing.
Mr Ford did not wish to make any submissions.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Ford having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr McIntyre said that Mr Ford had a clear record. He referred to the Penalty Guide which provided for a starting point for a breach of the Rule of 80 drives or a $4,000 fine.
Mr Ford has had 18 drives in the current season. In the 2012/2013 season he had 6 drives and in the 2011/2012 season, 19 drives. He is not a “regular driver”, Mr McIntyre said.
Mr McIntyre submitted that an appropriate penalty would be a suspension of Mr Ford’s licence to drive in races for a period of between 6 and 8 weeks.
Mr Ford had no submissions to make regarding penalty.
reasonsforpenalty:
In determining penalty, the Committee had regard to, as mitigating factors, Mr Ford’s previous good record, albeit from not a large number of drives, and his very frank admission of the breach. The starting point in the Penalty Guide (80 drives or a $4,000 fine) was not appropriate in assessing penalty in a case such as this. Of more assistance to the Committee were the penalties imposed by Judicial Committees in previous similar cases. The Committee was aware of three cases in the last 3 years in which horsemen had allowed their horses to pace during a trotting race and in which the penalties had ranged from 7 days to 7 weeks.
Taking all matters into account including the mitigating factors referred to above, the frequency with which Mr Ford drives and Mr McIntyre’s penalty submission, the Committee decided that an appropriate penalty was a suspension for a period of 8 weeks.
penalty:
Mr Ford’s Graduation Horseman’s licence is suspended from and including Saturday, 12 July 2014, up to and including Friday, 5 September 2014 – a period of 8 weeks.
hearing_type: Hearing
Rules: 869(3)(a)
Informant: Mr N G McIntyre - Co-Chief Stipendiary Steward
JockeysandTrainer: C B Ford, Licensed Graduation Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 654771461be879fac35472cc1994dd1f
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: b787f66d4277f777a5f4e57aa88da8a8
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 11/07/2014
meet_title: NZ Metro TC - 11 July 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: PWilliams
meet_pm2: none
name: NZ Metro TC