NZ Metro TC 15 September 2016 – R5 – Chair, Mr S Ching
ID: JCA15615
Meet Title:
NZ Metro TC - 15 September 2016
Meet Chair:
SChing
Meet Committee Member 1:
GClapp
Race Date:
2016/09/15
Race Number:
R5
Decision:
As Mr Smith had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
Accordingly, Mr Smith was fined the sum of $400.
Facts:
Following the running of Race 5, the HRS Construction Mobile Pace, an information was filed by Stipendiary Steward, Mr N Ydgren against Open Horseman, Mr G Smith, alleging a breach of Rule 869(3)(b) in that he drove carelessly by allowing DANA DUKE to shift outwards when not entitled to causing DANA DUKE to lock wheels with BALLYMORE BOY before breaking.
Mr Smith had endorsed on the Information that this breach of the Rules was admitted which he confirmed at the hearing. He also confirmed that 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 with the assistance of Stipendiary Steward, Mr S Wallis, to show that near the 600m, DANA DUKE, driven by Mr Smith, was racing just beyond midfield in a 2 wide position in the trail of RANFURLY RULZ, driven by Mr C DeFilippi. Trailing DANA DUKE was BALLYMORE BOY, driven by Mr R Holmes with ALPHA ROCK, driven by Mr Dunn behind Mr Holmes. Mr Dunn began a forward movement on the outside of Mr Holmes who in turn shifted Mr Dunn to 4 wide position to improve himself on the outside of Mr Smith. Mr Ydgren stated that it was evident that Mr Dunn had improved past Mr Holmes and gone forward of him which in turn meant that Mr Smith could not improve outwards at that point as Mr Holmes had in essence nowhere to go. Mr Ydgren pointed out on the film, Mr DeFilippi shift out from a 2 wide position to a 3 wide position with Mr Smith following him out and putting pressure on Mr Holmes who was positioned ½ a length back from both Mr Smith and Mr Dunn. He said that Mr Holmes became, for want of better words, ‘the meat in the sandwich’. Shortly afterwards Mr Smith realised that he had Mr Holmes precariously placed and corrected his runner back down the track, however by that stage both sulkies had locked wheels. As a result, BALLYMORE BOY and DANA DUKE were locked together with both horses breaking and losing all chance. Mr Ydgren stated that the level of carelessness was low with minimal movement by Mr Smith but that the consequential effects of his carelessness was mid to high.
Mr Smith stated that for want of a better term it was “poor judgement “on his part. He said that 2nd and 3rd favourite were following a rank outsider in front of him in the 1 out line. He stated that with these two horses being stablemates, he did not anticipate the one in front of him to move out but expected the one in front of that runner to make the first move with the trailing runner following. He said that he was going to follow the both of them which was why he didn’t look when the 3 wide train first came not realising that there was a horse 4 wide on the outside of Mr Holmes. He said once he realised Mr Holmes was improving past him quickly and was in a precarious position, he has reacted and turned back in but too late with Mr Holmes sulky wheel locking with his wheel. He also said that ‘½ a second either way the result may have different’ and that it was an error of judgement and not intentional or negligent on his part.
Submissions for Penalty:
Mr Ydgren informed the Committee that Mr Smith was a busy driver who drove on 421 occasions last season with 41 drives so far this season and that Mr Smith had a clear record in regard to this rule. Mr Ydgren stated that the JCA Penalty Guide recommended a starting point for breach of this rule as a 10 drive suspension or a $500 fine. He said that the aggravating factor in this case was that two horses had their chances extinguished at a crucial stage of the race. He submitted that after taking all factors into consideration a fine of $400 be considered as penalty in this case.
Reasons for Penalty:
In determining penalty, the Committee took into account Mr Smith’s ready admission of the breach and his good record. The JCA Penalty Guide dictates a starting point of a $500 fine or 10 drive suspension for an initial breach of this rule. In adopting the starting point of a $500 fine, we determined that an uplift of $100 to $600 was warranted due to the aggravating factors in this case, being the consequences of Mr Smith’s actions, which we determined were at a high level. However, we were able to give Mr Smith a discount of $100 for his good record and a further $100 discount for his admission of the breach. We therefore determined that a fine of $400 was an appropriate penalty in this case.
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: bbac1637e08f420201d5a6ec3466c400
informantnumber: A8311
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: admitted
penaltyrequired: 1
decisiondate: 17/09/2016
hearing_title: NZ Metro TC 15 September 2016 - R5 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 5, the HRS Construction Mobile Pace, an information was filed by Stipendiary Steward, Mr N Ydgren against Open Horseman, Mr G Smith, alleging a breach of Rule 869(3)(b) in that he drove carelessly by allowing DANA DUKE to shift outwards when not entitled to causing DANA DUKE to lock wheels with BALLYMORE BOY before breaking.
Mr Smith had endorsed on the Information that this breach of the Rules was admitted which he confirmed at the hearing. He also confirmed that 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 with the assistance of Stipendiary Steward, Mr S Wallis, to show that near the 600m, DANA DUKE, driven by Mr Smith, was racing just beyond midfield in a 2 wide position in the trail of RANFURLY RULZ, driven by Mr C DeFilippi. Trailing DANA DUKE was BALLYMORE BOY, driven by Mr R Holmes with ALPHA ROCK, driven by Mr Dunn behind Mr Holmes. Mr Dunn began a forward movement on the outside of Mr Holmes who in turn shifted Mr Dunn to 4 wide position to improve himself on the outside of Mr Smith. Mr Ydgren stated that it was evident that Mr Dunn had improved past Mr Holmes and gone forward of him which in turn meant that Mr Smith could not improve outwards at that point as Mr Holmes had in essence nowhere to go. Mr Ydgren pointed out on the film, Mr DeFilippi shift out from a 2 wide position to a 3 wide position with Mr Smith following him out and putting pressure on Mr Holmes who was positioned ½ a length back from both Mr Smith and Mr Dunn. He said that Mr Holmes became, for want of better words, ‘the meat in the sandwich’. Shortly afterwards Mr Smith realised that he had Mr Holmes precariously placed and corrected his runner back down the track, however by that stage both sulkies had locked wheels. As a result, BALLYMORE BOY and DANA DUKE were locked together with both horses breaking and losing all chance. Mr Ydgren stated that the level of carelessness was low with minimal movement by Mr Smith but that the consequential effects of his carelessness was mid to high.
Mr Smith stated that for want of a better term it was “poor judgement “on his part. He said that 2nd and 3rd favourite were following a rank outsider in front of him in the 1 out line. He stated that with these two horses being stablemates, he did not anticipate the one in front of him to move out but expected the one in front of that runner to make the first move with the trailing runner following. He said that he was going to follow the both of them which was why he didn’t look when the 3 wide train first came not realising that there was a horse 4 wide on the outside of Mr Holmes. He said once he realised Mr Holmes was improving past him quickly and was in a precarious position, he has reacted and turned back in but too late with Mr Holmes sulky wheel locking with his wheel. He also said that ‘½ a second either way the result may have different’ and that it was an error of judgement and not intentional or negligent on his part.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Smith 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 Smith was a busy driver who drove on 421 occasions last season with 41 drives so far this season and that Mr Smith had a clear record in regard to this rule. Mr Ydgren stated that the JCA Penalty Guide recommended a starting point for breach of this rule as a 10 drive suspension or a $500 fine. He said that the aggravating factor in this case was that two horses had their chances extinguished at a crucial stage of the race. He submitted that after taking all factors into consideration a fine of $400 be considered as penalty in this case.
reasonsforpenalty:
In determining penalty, the Committee took into account Mr Smith’s ready admission of the breach and his good record. The JCA Penalty Guide dictates a starting point of a $500 fine or 10 drive suspension for an initial breach of this rule. In adopting the starting point of a $500 fine, we determined that an uplift of $100 to $600 was warranted due to the aggravating factors in this case, being the consequences of Mr Smith’s actions, which we determined were at a high level. However, we were able to give Mr Smith a discount of $100 for his good record and a further $100 discount for his admission of the breach. We therefore determined that a fine of $400 was an appropriate penalty in this case.
penalty:
Accordingly, Mr Smith was fined the sum of $400.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: N Ydgren-Stipendiary Steward
JockeysandTrainer: G Smith-Open Horseman
Otherperson: S Wallis-Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: d6aa00392d4b683295734d0122da8816
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 37e09ab073f8c39d397d6819addd2f53
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 15/09/2016
meet_title: NZ Metro TC - 15 September 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: GClapp
meet_pm2: none
name: NZ Metro TC