NZ Metro TC 2 May 2014 – R 4 (heard at Ashburton on 4 May 2014)
ID: JCA17961
Meet Title:
NZ Metro TC - 2 May 2014
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2014/05/02
Race Number:
R4
Decision:
The charge was found proved.
Penalty:
Miss Neilson's Junior Drivers Licence is suspended from the conclusion of racing today 4 May up to and including 10 May 2014. This period of suspension encompasses the meetings at Forbury Park on 9 May and Addington on 10 May. We also impose a fine and the level of that fine is set at $200.
Facts:
This hearing was heard at the Ashburton Trotting Club's meeting on 4 May 2014 after being opened and adjourned at the NZMTC meeting on 2 May. This was to allow Miss Neilson to take advice from her employer and trainer of the horse, Mr M Jones.
Following the running of Race 4, the Teltrac Communications Ltd Mobile Pace, an information was filed by Stipendiary Steward, Mr N Ydgren, against Licensed Junior Horsewoman, Miss M Neilson, alleging that Miss Neilson, as the driver of JACCKA LEN in the race, failed to drive JACCKA LEN out to the finish of the race when having a reasonable chance of finishing in 3rd placing.
Rule 863(3) reads as follows:
“Every horseman shall drive his horse out to the end of the race if he has any reasonable chance of running 1st, 2nd, 3rd, 4th, 5th or 6th.”
Submissions for Decision:
The Stewards alleged that Miss Neilson, driver of JACCKA LEN, ceased in her urgings of the gelding over the final 30m when holding 3rd place from TIANA FRANCO by a ½ length at that point. TIANA FRANCO eventually finished up beating JACCKA LEN on the line by the official margin of a nose. Mr Ydgren gave evidence and showed the relevant video replays of the final stages of the race. He pointed out JACCKA LEN, driven by Miss Neilson, approaching the 30m and under a drive. JACCKA LEN was in front of TIANA FRANCO at this point by a ½ length, he said, when at the 30m Miss Neilson stopped driving her horse out and was beaten out of 3rd place on the line. Mr Ydgren stated that Miss Neilson had been using the reins and whip in the straight up to the 30m and then stopped driving her horse out. Mr Ydgren said it was clear on the films that Miss Neilson had stopped driving her horse out 30m from the line. He also said it was not unreasonable to expect Miss Neilson to continue driving her horse to the line as it had reasonable chance of holding 3rd place and there was no reason preventing her from doing so.
Mr Jones and Miss Neilson gave evidence that JACCKA LEN had been running around in the straight and the reason Miss Neilson had stopped driving the horse out was to keep the horse on a true line and prevent it from causing interference to TIANA FRANCO.
They stated that the films showed JACCKA LEN running around in the early part of the straight with Miss Neilson able to drive the horse out with the whip and reins. They said that approaching the final stages Miss Neilson had stopped driving the horse out as it had given its best and was a tired horse. They also said Miss Neilson stopped driving her horse out to prevent it causing interference to TIANA FRANCO. Mr Jones submitted that Miss Neilson had an obligation under the rules to keep her horse on a true line and that she was only doing what the Stewards would expect of her, otherwise she would be in trouble for causing interference.
Reasons for Decision:
The Committee carefully considered the evidence and submissions made by both parties. The Committee were satisfied that JACCKA LEN and was beaten out of 3rd place by TIANA FRANCO by the official margin of a nose. We were also satisfied that Miss Neilson had stopped driving JACCKA LEN at the 30m when there was a reasonable chance of the horse holding 3rd place as it had a ½ length advantage on TIANA FRANCO at this point. We found the evidence and films of the alleged incident submitted by Mr Ydgren, compelling. The Committee found the evidence submitted by Mr Jones and Miss Neilson, that the reason she stopped driving over the final stages was to keep her horse straight as it was running around and may interfere with TIANA FRANCO, without merit. We accept her horse was running around earlier in the straight but at the time Miss Neilson stopped driving, JACCKA LEN was racing in a true line. The horse was not racing in such a manner that relieved her of her obligations to drive JACCKA LEN out. We were satisfied that Miss Neilson stopped driving JACCKA LEN out near the 30m when there was a reasonable chance of finishing in 3rd place and in doing so was clearly in breach of her responsibilities to drive her horse out to the end of the race.
We therefore found the charge proved.
Submissions for Penalty:
Mr Ydgren stated that Miss Neilson was a Junior Driver and had a clear record in regard to this Rule with drives so far this season being 26 and wins 4. Miss Neilson, he said, had previous drives in Australia to a career total of 323 with 25 wins. He stated the JCA Penalty Guide recommends a starting point of $600 or 12 drives for a breach of this Rule with particular regard to the placing involved. He said there were 2 recent cases of note where penalties for similar breaches were imposed. One such case was for 4th placing with the driver receiving a $350 fine and the other for 5th placing in a Group race where the driver was fined $300. Mr Ydgren submitted that a fine in the area of $300 to $350 be considered as penalty in this case.
Miss Neilson and Mr Jones decided after considerable discussion, that a combination of fine and suspension would be preferred as Miss Neilson was driving in a Ladies Invitational race on Sunday 11 May. Mr Ydgren told the Committee that they would not oppose a combination penalty in this case.
Reasons for Penalty:
In determining penalty the Committee took into consideration Miss Neilson's clear penalty record in regard to this Rule and her status as a Junior Driver. We also took into account the placing involved and the effect on the betting public and connections with regard to stake money. After taking into consideration other penalties imposed for similar breaches of this Rule, Miss Neilson's clear penalty record and her status as a Junior Driver, the Committee determined that an appropriate penalty for this case was a combined suspension and monetary penalty.
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: dcf2ac82ed04a624fb497d56666011d9
informantnumber: A6135
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of Rule 868(3)
plea: denied
penaltyrequired: 1
decisiondate: 06/05/2014
hearing_title: NZ Metro TC 2 May 2014 - R 4 (heard at Ashburton on 4 May 2014)
charge:
facts:
This hearing was heard at the Ashburton Trotting Club's meeting on 4 May 2014 after being opened and adjourned at the NZMTC meeting on 2 May. This was to allow Miss Neilson to take advice from her employer and trainer of the horse, Mr M Jones.
Following the running of Race 4, the Teltrac Communications Ltd Mobile Pace, an information was filed by Stipendiary Steward, Mr N Ydgren, against Licensed Junior Horsewoman, Miss M Neilson, alleging that Miss Neilson, as the driver of JACCKA LEN in the race, failed to drive JACCKA LEN out to the finish of the race when having a reasonable chance of finishing in 3rd placing.
Rule 863(3) reads as follows:
“Every horseman shall drive his horse out to the end of the race if he has any reasonable chance of running 1st, 2nd, 3rd, 4th, 5th or 6th.”
appealdecision:
isappeal:
submissionsfordecision:
The Stewards alleged that Miss Neilson, driver of JACCKA LEN, ceased in her urgings of the gelding over the final 30m when holding 3rd place from TIANA FRANCO by a ½ length at that point. TIANA FRANCO eventually finished up beating JACCKA LEN on the line by the official margin of a nose. Mr Ydgren gave evidence and showed the relevant video replays of the final stages of the race. He pointed out JACCKA LEN, driven by Miss Neilson, approaching the 30m and under a drive. JACCKA LEN was in front of TIANA FRANCO at this point by a ½ length, he said, when at the 30m Miss Neilson stopped driving her horse out and was beaten out of 3rd place on the line. Mr Ydgren stated that Miss Neilson had been using the reins and whip in the straight up to the 30m and then stopped driving her horse out. Mr Ydgren said it was clear on the films that Miss Neilson had stopped driving her horse out 30m from the line. He also said it was not unreasonable to expect Miss Neilson to continue driving her horse to the line as it had reasonable chance of holding 3rd place and there was no reason preventing her from doing so.
Mr Jones and Miss Neilson gave evidence that JACCKA LEN had been running around in the straight and the reason Miss Neilson had stopped driving the horse out was to keep the horse on a true line and prevent it from causing interference to TIANA FRANCO.
They stated that the films showed JACCKA LEN running around in the early part of the straight with Miss Neilson able to drive the horse out with the whip and reins. They said that approaching the final stages Miss Neilson had stopped driving the horse out as it had given its best and was a tired horse. They also said Miss Neilson stopped driving her horse out to prevent it causing interference to TIANA FRANCO. Mr Jones submitted that Miss Neilson had an obligation under the rules to keep her horse on a true line and that she was only doing what the Stewards would expect of her, otherwise she would be in trouble for causing interference.
reasonsfordecision:
The Committee carefully considered the evidence and submissions made by both parties. The Committee were satisfied that JACCKA LEN and was beaten out of 3rd place by TIANA FRANCO by the official margin of a nose. We were also satisfied that Miss Neilson had stopped driving JACCKA LEN at the 30m when there was a reasonable chance of the horse holding 3rd place as it had a ½ length advantage on TIANA FRANCO at this point. We found the evidence and films of the alleged incident submitted by Mr Ydgren, compelling. The Committee found the evidence submitted by Mr Jones and Miss Neilson, that the reason she stopped driving over the final stages was to keep her horse straight as it was running around and may interfere with TIANA FRANCO, without merit. We accept her horse was running around earlier in the straight but at the time Miss Neilson stopped driving, JACCKA LEN was racing in a true line. The horse was not racing in such a manner that relieved her of her obligations to drive JACCKA LEN out. We were satisfied that Miss Neilson stopped driving JACCKA LEN out near the 30m when there was a reasonable chance of finishing in 3rd place and in doing so was clearly in breach of her responsibilities to drive her horse out to the end of the race.
We therefore found the charge proved.
Decision:
The charge was found proved.
sumissionsforpenalty:
Mr Ydgren stated that Miss Neilson was a Junior Driver and had a clear record in regard to this Rule with drives so far this season being 26 and wins 4. Miss Neilson, he said, had previous drives in Australia to a career total of 323 with 25 wins. He stated the JCA Penalty Guide recommends a starting point of $600 or 12 drives for a breach of this Rule with particular regard to the placing involved. He said there were 2 recent cases of note where penalties for similar breaches were imposed. One such case was for 4th placing with the driver receiving a $350 fine and the other for 5th placing in a Group race where the driver was fined $300. Mr Ydgren submitted that a fine in the area of $300 to $350 be considered as penalty in this case.
Miss Neilson and Mr Jones decided after considerable discussion, that a combination of fine and suspension would be preferred as Miss Neilson was driving in a Ladies Invitational race on Sunday 11 May. Mr Ydgren told the Committee that they would not oppose a combination penalty in this case.
reasonsforpenalty:
In determining penalty the Committee took into consideration Miss Neilson's clear penalty record in regard to this Rule and her status as a Junior Driver. We also took into account the placing involved and the effect on the betting public and connections with regard to stake money. After taking into consideration other penalties imposed for similar breaches of this Rule, Miss Neilson's clear penalty record and her status as a Junior Driver, the Committee determined that an appropriate penalty for this case was a combined suspension and monetary penalty.
penalty:
Miss Neilson's Junior Drivers Licence is suspended from the conclusion of racing today 4 May up to and including 10 May 2014. This period of suspension encompasses the meetings at Forbury Park on 9 May and Addington on 10 May. We also impose a fine and the level of that fine is set at $200.
hearing_type: Hearing
Rules: 868 (3)
Informant: N Ydgren, Stipendiary Steward
JockeysandTrainer: M Neilson, Licensed Junior Horsewoman
Otherperson: M Jones-Licensed Open Horseman
PersonPresent:
Respondent:
StipendSteward:
raceid: e251f23dbc56deb50b84ed64375b97af
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 8e92e923187c0c55d82b3e3ebfce2684
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 02/05/2014
meet_title: NZ Metro TC - 2 May 2014
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