NZ Metro TC 2 August 2012 – R 4 (heard 24 August at Addington)

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startdate: 02/08/2012

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hearing_title: NZ Metro TC 2 August 2012 - R 4 (heard 24 August at Addington)

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RACEDAY JUDICIAL COMMITTEE DECISION
Informant: S P Renault, Stipendiary Steward
Respondent: S J Thompson, Licensed Open Horseman
Information No: A5193
Meeting: New Zealand Metropolitan Trotting Club
Date: 2 August 2012 (heard 24 August 2012 at Addington)
Venue: Addington Raceway, Christchurch
Rule No: 869 (3) (b)
Race: 4
Judicial Committee: R G McKenzie, Chairman - K G Hales Committee Member
Plea: Admitted

FACTS:
Following the running of Race 4, All Signed Up Mobile Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Horseman, Mr S J Thompson, alleging a breach of Rule 869 (3) (b) in that Mr Thompson, as the driver of SMOOTH SEAS in the race, “drove carelessly passing the 900 metres when allowing his horse to strike the wheel of DESTINED FOR GLORY (T S Chmiel).”

The information was served on Mr Thompson at the meeting of Rangiora Harness Racing Club on 19 August 2012. Mr Thompson informed the Stewards that it was his intention to defend the charge so the hearing of the information was adjourned sine die. The information was heard at the meeting of New Zealand Metropolitan Trotting Club on Friday, 24 August 2012.

Mr Thompson had signed the Statement by the Respondent on the information form indicating that he admitted the breach. Mr Renault informed the Committee that Mr Thompson did not wish to be present at the hearing.

Rule 869 provides as follows:

(3) No horseman in any race shall drive:-
(b) carelessly.

SUBMISSIONS:
Mr Renault showed video replays of the incident with approximately 900 metres to run. He pointed out SMOOTH SEAS, driven by Mr Thompson, racing 3-back on the outside at that point. The horse was racing quite keenly, Mr Renault said, and was throwing its head in the air. Racing past the 1000 metres, there was a slight gap on the outside of Mr Thompson, who then attempted to improve 3-wide. However, he was insufficiently clear of the horse on his outside, DESTINED FOR GLORY (T S Chmiel), and the off-front leg of SMOOTH SEAS struck the side of the sulky wheel of that runner. SMOOTH SEAS broke and lost its chance. Mr Renault had said that Mr Thomson had stated that he had done it for safety reasons as his horse was racing keenly. However, Mr Thompson was at no stage clear, Mr Renault said.

DECISION:
Mr Thompson having admitted the breach, the charge was found proved.

PENALTY SUBMISSIONS:
Mr Renault informed the Committee that Mr Thompson had 76 drives in the last season and has had 3 drives since the start of the current season. He has a clear record as far as breaches of the Rule are concerned. Mr Thompson had expressed to the Stewards a preference for a term of suspension over a fine. Mr Renault submitted that a 3-days’ suspension was appropriate on the basis that Mr Thompson has approximately 2 drives per meeting.

PENALTY REASONS:
The Committee noted that the Penalty Guide provides a starting point of a fine of $400 and/or 8 drives for a breach of the Rule. Mr Thompson is entitled to a discount for his admission of the breach and his good record. On that basis, and having regard to Mr Thompson’s preference for a suspension, an appropriate term of suspension is 3 days, being 6 drives.

PENALTY:
Mr Thompson’s Open Horseman’s Licence is suspended up to and including Friday, 7 September – effectively 3 driving days. The meetings intended to be include in that period are Forbury Park on 30 August, Methven on 2 September and Addington on 7 September.

R G McKenzie    K G Hales
CHAIRMAN        COMMITTEE MEMBER
 

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Rules: 869(3)(b)

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