NZ Metro TC 16 July 2015 – R 8 – Chair, Mr S Ching
ID: JCA12681
Meet Title:
NZ Metro TC - 16 July 2015
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2015/07/16
Race Number:
R6
Decision:
The charge was found to be proved.
Penalty:
Mr McCormick’s horseman’s license was suspended from the conclusion of racing 19 July up to and including 31 July 2015. This suspension encompasses the meetings at Christchurch on 24 July, Rangiora on 26 July and Christchurch 31 July 2015.
Facts:
Following the running of Race 8, the Armitage Williams-Golden Girls Metro Series (Heat 3) Mobile Pace, an information was filed by Stipendiary Steward Mr Quirk against Open Horseman, Mr L McCormick, alleging a breach of Rule 869(3) (b) in that passing the 350m he shifted outwards and contacted the wheel of LITTLE TESS which then punctured.
Mr McCormick had indicated on the Information that this breach of the Rules was not admitted which he confirmed to the Committee and that he understood the Rule he was charged with.
Rule 869(3)(b) reads as follows:
“(3) No horseman in any race shall drive:-
(b) carelessly:-
Submissions for Decision:
Mr Quirk gave evidence and used video coverage with the assistance of Stipendiary Steward, Mr Ydgren, to show that near the 350m, Mr McCormick, driving GOSHAWK, shifted out from a position, three back on the pylons in an attempt to improve into the two wide line and in the process of that shift struck the sulky wheel of LITTLE TESS. The tyre on LITTLE TESS deflated immediately and as a result the tyre and tube came off. Mr Ydgren submitted that Mr McCormick had misjudged the situation and driven carelessly.
Mr McCormick in defence, gave evidence and used the video replays to show that LITTLE TESS, driven by Mr Chmiel, was in a two wide position trailing up on the helmet of Mr Close driving PERISSA. He said Mr Cox driving FERNLEIGH HANNAH, behind Mr Chmiel, has come out and looked like he would improve forward quickly. He stated that Mr Chmiel has begun an outward movement in order to head off Mr Cox and has shifted off from behind Mr Close creating a gap for him to improve into. Mr McCormick said that he had gone to improve into the gap and follow Mr Chmiel, as you normally would, but Mr Chmiel had then shifted back in. He said that when Mr Chmiel shifted back in, this caused his horse to strike the sulky wheel of LITTLE TESS. He submitted that this was not careless driving on his part. He said this sort of incident happens regularly with no charges being brought against other horsemen.
Reasons for Decision:
The Committee carefully considered the evidence presented and the video coverage of the incident. We were satisfied that with about 350m to run, GOSHAWK, had rightfully shifted out from a pylons run and when attempting to improve onto the back of LITTLE TESS, had struck the sulky wheel of that horse.
Mr McCormick argued that Mr Chmiel had begun shifting off the two wide line in anticipation of heading off Mr Cox but then changed his mind and shifted back in causing GOSHAWK to strike the sulky wheel of that horse.
The Committee found the video replays to be compelling. It was clear in viewing the relative replays that Mr McCormick had shifted off the pylons, was looking to improve and may have anticipated Mr Chmiel shifting out. When this did not happen, Mr McCormick, found himself improving onto the sulky wheel of Mr Chmiel with the result that he struck the wheel.
Mr McCormick’s submission that Mr Chmiel had shifted off and then shifted back in, we found to be without foundation. We again found the replays conclusive in that there was no evidence of Mr Chmiel shifting ground and if he did so, it was minimal. The replays clearly showed Mr Chmiel was always on the back of Mr Close during this incident occurring.
The Committee determined that Mr McCormick made an error of judgement in this case and therefore determined that the charge of careless driving was proved.
Submissions for Penalty:
Mr Quirk stated that Mr McCormick had driven on 46 occasions last season and 48 so far this season. He said that Mr McCormick was suspended for two days on 5 July at Timaru for a similar breach. Mr Quirk submitted that the carelessness was at a low level with the consequences of his carelessness to be mid-range. As this was Mr McCormick’s second breach within 4 months he submitted that a suspension of 3 days be considered as penalty in this case.
Mr McCormick made no submissions in regard to penalty.
Reasons for Penalty:
The Committee agreed with the Stewards that the level of carelessness was low-range with the consequential effects, mid-level. The JCA Penalty Guide recommends a starting point of a 3 days suspension for a second breach of this Rule within 4 months. In taking the starting point of 3 days we considered the aggravating and mitigating factors to be neutral. We therefore determined that a 3 day suspension was an appropriate penalty in this case.
The matter of deferment was not an option for Mr McCormick as the fields were drawn for the upcoming Ashburton meeting and the next Canterbury meeting was at Christchurch on 26 July.
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: 48dbf14c518e1168090aa2ee3ef0c103
informantnumber: A6716
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless driving
plea: denied
penaltyrequired: 1
decisiondate: 22/07/2015
hearing_title: NZ Metro TC 16 July 2015 - R 8 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 8, the Armitage Williams-Golden Girls Metro Series (Heat 3) Mobile Pace, an information was filed by Stipendiary Steward Mr Quirk against Open Horseman, Mr L McCormick, alleging a breach of Rule 869(3) (b) in that passing the 350m he shifted outwards and contacted the wheel of LITTLE TESS which then punctured.
Mr McCormick had indicated on the Information that this breach of the Rules was not admitted which he confirmed to the Committee and that he understood the Rule he was charged with.
Rule 869(3)(b) reads as follows:
“(3) No horseman in any race shall drive:-
(b) carelessly:-
appealdecision:
isappeal:
submissionsfordecision:
Mr Quirk gave evidence and used video coverage with the assistance of Stipendiary Steward, Mr Ydgren, to show that near the 350m, Mr McCormick, driving GOSHAWK, shifted out from a position, three back on the pylons in an attempt to improve into the two wide line and in the process of that shift struck the sulky wheel of LITTLE TESS. The tyre on LITTLE TESS deflated immediately and as a result the tyre and tube came off. Mr Ydgren submitted that Mr McCormick had misjudged the situation and driven carelessly.
Mr McCormick in defence, gave evidence and used the video replays to show that LITTLE TESS, driven by Mr Chmiel, was in a two wide position trailing up on the helmet of Mr Close driving PERISSA. He said Mr Cox driving FERNLEIGH HANNAH, behind Mr Chmiel, has come out and looked like he would improve forward quickly. He stated that Mr Chmiel has begun an outward movement in order to head off Mr Cox and has shifted off from behind Mr Close creating a gap for him to improve into. Mr McCormick said that he had gone to improve into the gap and follow Mr Chmiel, as you normally would, but Mr Chmiel had then shifted back in. He said that when Mr Chmiel shifted back in, this caused his horse to strike the sulky wheel of LITTLE TESS. He submitted that this was not careless driving on his part. He said this sort of incident happens regularly with no charges being brought against other horsemen.
reasonsfordecision:
The Committee carefully considered the evidence presented and the video coverage of the incident. We were satisfied that with about 350m to run, GOSHAWK, had rightfully shifted out from a pylons run and when attempting to improve onto the back of LITTLE TESS, had struck the sulky wheel of that horse.
Mr McCormick argued that Mr Chmiel had begun shifting off the two wide line in anticipation of heading off Mr Cox but then changed his mind and shifted back in causing GOSHAWK to strike the sulky wheel of that horse.
The Committee found the video replays to be compelling. It was clear in viewing the relative replays that Mr McCormick had shifted off the pylons, was looking to improve and may have anticipated Mr Chmiel shifting out. When this did not happen, Mr McCormick, found himself improving onto the sulky wheel of Mr Chmiel with the result that he struck the wheel.
Mr McCormick’s submission that Mr Chmiel had shifted off and then shifted back in, we found to be without foundation. We again found the replays conclusive in that there was no evidence of Mr Chmiel shifting ground and if he did so, it was minimal. The replays clearly showed Mr Chmiel was always on the back of Mr Close during this incident occurring.
The Committee determined that Mr McCormick made an error of judgement in this case and therefore determined that the charge of careless driving was proved.
Decision:
The charge was found to be proved.
sumissionsforpenalty:
Mr Quirk stated that Mr McCormick had driven on 46 occasions last season and 48 so far this season. He said that Mr McCormick was suspended for two days on 5 July at Timaru for a similar breach. Mr Quirk submitted that the carelessness was at a low level with the consequences of his carelessness to be mid-range. As this was Mr McCormick’s second breach within 4 months he submitted that a suspension of 3 days be considered as penalty in this case.
Mr McCormick made no submissions in regard to penalty.
reasonsforpenalty:
The Committee agreed with the Stewards that the level of carelessness was low-range with the consequential effects, mid-level. The JCA Penalty Guide recommends a starting point of a 3 days suspension for a second breach of this Rule within 4 months. In taking the starting point of 3 days we considered the aggravating and mitigating factors to be neutral. We therefore determined that a 3 day suspension was an appropriate penalty in this case.
The matter of deferment was not an option for Mr McCormick as the fields were drawn for the upcoming Ashburton meeting and the next Canterbury meeting was at Christchurch on 26 July.
penalty:
Mr McCormick’s horseman’s license was suspended from the conclusion of racing 19 July up to and including 31 July 2015. This suspension encompasses the meetings at Christchurch on 24 July, Rangiora on 26 July and Christchurch 31 July 2015.
hearing_type: Hearing
Rules: 869 (3) (b)
Informant: R Quirk- Stipendiary Steward
JockeysandTrainer: L McCormick-Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 4a95f0b94ee65ff81f44d62c20962726
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 4fc39ebfb2a0ac470cf4c1d1f4f17eb4
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waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 16/07/2015
meet_title: NZ Metro TC - 16 July 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: NZ Metro TC