Archive Decision

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NZ Metro TC 13 December 2014 – R 3

ID: JCA16040

Applicant:
N M Ydgren, Stipendiary Steward

Respondent(s):
G M Craw, Licensed Graduation Driver

Information Number:
A6184

Hearing Type:
Hearing

New Charge:
Careless Driving

Rules:
869(3)(b)

Plea:
admitted

Meet Title:
NZ Metro TC - 13 December 2014

Meet Chair:
RMcKenzie

Meet Committee Member 1:
KHales

Race Date:
2014/12/13

Race Number:
R3

Decision:

Mr Craw having admitted the breach, the charge was found proved. 

Penalty:

Mr Craw was fined the sum of $250.00.

Facts:

Following the running of Race 3, Hydro Services Mobile Pace, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Graduation Driver, Mr G M Craw, alleging that Mr Craw, as the driver of TRADITIONAL in the race, “drove carelessly near the 400 metres by allowing TRADITIONAL to shift inwards checking ZEBADEE (S J Ottley) which broke and lost all chance”.

Mr Craw was present at the hearing of the information and he indicated that he admitted the charge.

Rule 869 provides as follows:

(3)  No horseman shall in any race drive:

      (b)   carelessly.

Mr Ydgren showed video replays of the incident, from several angles, with approximately 400 metres to run. He pointed out TRADITIONAL, driven by Mr Craw, racing towards the rear of the field in the 2-wide line with ZEBADEE (S J Ottley) improving on its inside.

Mr Ydgren pointed out Mr Craw attempt to activate some gear. Miss Ottley had, in the meantime, become established to his inside. At that point Mr Craw’s horse shifted in, under some pressure, and checked Miss Ottley’s horse into a gallop. There was plenty of room for Miss Ottley to be in that position, Mr Ydgren submitted. However, the gap got tighter and tighter until contact was made with her horse’s off front leg causing her horse to gallop and lose all chance. The contact was clearly visible from the video replay.

Mr Ydgren submitted that Mr Craw should have given priority to steering his horse rather than activating its gear.

Mr Craw said the incident was unfortunate. He was unaware that Miss Ottley was that close to his wheel. His horse was under pressure at the time, he said. 

Submissions for Penalty:

Mr Ydgren informed the Committee that Mr Craw’s driving record was clear. However, this was his first drive this season. Last season, he had 4 drives and, in the 2012/2013 season he had 12 drives. He is not a busy driver, Mr Ydgren submitted.

Mr Ydgren referred to the starting point in the Penalty Guide of 8 drives or a $400 fine.

He submitted that another runner had been put out of the race as a result of Mr Craw’s carelessness. This was an aggravating factor, Mr Ydgren submitted, but mitigating factors were Mr Craw’s clear record and his admission of the breach. Mr Ydgren submitted that an appropriate penalty was a $300 fine.

Mr Craw submitted that the Committee should be lenient considering that this was his first drive for the season. He also pointed out that the horse was fresh up and the race had been run in fast time (3-13.1 for the mobile 2600 metres). He repeated that he was not aware that Miss Ottley had been on his wheel. 

Reasons for Penalty:

In determining penalty, the Committee had regard to the starting point of a $400 fine for a breach of the Rule as provided in the Penalty Guide. Mr Craw’ admission of the breach and clear record were mitigating factors, warranting a $200 discount.

The principal aggravating factor in this case was that Mr Craw had allowed his horse to shift in which had resulted in interference to another runner, causing that runner to lose its chance, only 400 metres from the finish. That aggravating factor warranted a $50 uplift from $200 to $250. The Committee assessed the degree of carelessness as being mid-range. 

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: b29a321668e66a6c9e0d2d666283b513


informantnumber: A6184


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Driving


plea: admitted


penaltyrequired: 1


decisiondate: 13/12/2014


hearing_title: NZ Metro TC 13 December 2014 - R 3


charge:


facts:

Following the running of Race 3, Hydro Services Mobile Pace, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Graduation Driver, Mr G M Craw, alleging that Mr Craw, as the driver of TRADITIONAL in the race, “drove carelessly near the 400 metres by allowing TRADITIONAL to shift inwards checking ZEBADEE (S J Ottley) which broke and lost all chance”.

Mr Craw was present at the hearing of the information and he indicated that he admitted the charge.

Rule 869 provides as follows:

(3)  No horseman shall in any race drive:

      (b)   carelessly.

Mr Ydgren showed video replays of the incident, from several angles, with approximately 400 metres to run. He pointed out TRADITIONAL, driven by Mr Craw, racing towards the rear of the field in the 2-wide line with ZEBADEE (S J Ottley) improving on its inside.

Mr Ydgren pointed out Mr Craw attempt to activate some gear. Miss Ottley had, in the meantime, become established to his inside. At that point Mr Craw’s horse shifted in, under some pressure, and checked Miss Ottley’s horse into a gallop. There was plenty of room for Miss Ottley to be in that position, Mr Ydgren submitted. However, the gap got tighter and tighter until contact was made with her horse’s off front leg causing her horse to gallop and lose all chance. The contact was clearly visible from the video replay.

Mr Ydgren submitted that Mr Craw should have given priority to steering his horse rather than activating its gear.

Mr Craw said the incident was unfortunate. He was unaware that Miss Ottley was that close to his wheel. His horse was under pressure at the time, he said. 


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr Craw having admitted the breach, the charge was found proved. 


sumissionsforpenalty:

Mr Ydgren informed the Committee that Mr Craw’s driving record was clear. However, this was his first drive this season. Last season, he had 4 drives and, in the 2012/2013 season he had 12 drives. He is not a busy driver, Mr Ydgren submitted.

Mr Ydgren referred to the starting point in the Penalty Guide of 8 drives or a $400 fine.

He submitted that another runner had been put out of the race as a result of Mr Craw’s carelessness. This was an aggravating factor, Mr Ydgren submitted, but mitigating factors were Mr Craw’s clear record and his admission of the breach. Mr Ydgren submitted that an appropriate penalty was a $300 fine.

Mr Craw submitted that the Committee should be lenient considering that this was his first drive for the season. He also pointed out that the horse was fresh up and the race had been run in fast time (3-13.1 for the mobile 2600 metres). He repeated that he was not aware that Miss Ottley had been on his wheel. 


reasonsforpenalty:

In determining penalty, the Committee had regard to the starting point of a $400 fine for a breach of the Rule as provided in the Penalty Guide. Mr Craw’ admission of the breach and clear record were mitigating factors, warranting a $200 discount.

The principal aggravating factor in this case was that Mr Craw had allowed his horse to shift in which had resulted in interference to another runner, causing that runner to lose its chance, only 400 metres from the finish. That aggravating factor warranted a $50 uplift from $200 to $250. The Committee assessed the degree of carelessness as being mid-range. 


penalty:

Mr Craw was fined the sum of $250.00.


hearing_type: Hearing


Rules: 869(3)(b)


Informant: N M Ydgren, Stipendiary Steward


JockeysandTrainer: G M Craw, Licensed Graduation Driver


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: f62f17de5bb79e2501e04b6e6bb2e0a6


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: c1a4b955e9ee8aa8844682d32d069cad


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 13/12/2014


meet_title: NZ Metro TC - 13 December 2014


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: nz-metro-tc


meet_racingtype: harness-racing


meet_chair: RMcKenzie


meet_pm1: KHales


meet_pm2: none


name: NZ Metro TC