Archive Decision

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NZ Metro TC 21 October 2011 – R 6

ID: JCA17580

Applicant:
NG McIntyre - Stipendiary Steward

Respondent(s):
TD Bagrie - Licensed Junior Horseman

Other Person:
DJ Dunn - Licensed Open Horseman assisting Mr Bagrie

Information Number:
A5455

Hearing Type:
Hearing

Rules:
869 (3) (b)

Plea:
admitted

Meet Title:
NZ Metro TC - 21 October 2011

Meet Chair:
RMcKenzie

Meet Committee Member 1:
JPhelan

Race Date:
2011/10/21

Race Number:
R6

Decision:

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

Penalty:

Mr Bagrie was fined the sum of $200. 

Charge:

Careless driving

Facts:

Following the running of Race 6, Canterbury Aluminium Pace, an information was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Junior Driver, Mr T D Bagrie, alleging a breach of Rule 869 (3) (b) in that Mr Bagrie, as the driver of CODE RED in the race, “at about the 1300 metres when attempting to shift his runner outwards struck the sulky of PEGLEG WEBB (R T May) causing his horse CODE RED to falter and cause interference to other horses”.

Mr Bagrie was present at the hearing of the information and he indicated that he admitted the breach. He was assisted at the hearing by Licensed Open Horseman, Mr D J Dunn.

Rule 869 provides as follows:
(3) No horseman in any race shall drive:-
(b) carelessly.

Submissions for Decision:

Mr McIntyre said that, near the 1300 metres, Mr Bagrie driving CODE RED attempted to shift from the markers out on to the back of the eventual winner, PEGLEG WEBB. However, in doing so, CODE RED contacted the sulky of PEGLEG WEBB resulting in CODE RED breaking. As a result, STERLING LUSTRE (S J Ottley), which was racing directly behind, and SALEM (S F Golding) were checked.

Mr S W Wallis, Stipendiary Steward, showed a video replay of the incident. Mr McIntyre pointed out Mr Bagrie racing 6-deep on the markers. Runners on his outside progressed out and forward and Mr Bagrie attempted to fill the gap but ran into the back of Mr May, Mr McIntyre said. He pointed out the other two runners receive interference.

Submissions for Penalty:

Mr McIntyre said that Mr Bagrie had no previous breaches. He is a relatively inexperienced Junior Driver – this drive being only his 4th raceday drive. Mr Bagrie would learn from this experience, he said. The breach was in the low to mid range and Mr Bagrie’s inexperience should be taken into account. Mr McIntyre submitted that a fine of $200-250 was appropriate.

Mr Dunn, on behalf of Mr Bagrie, said that Mr Bagrie accepted that he had driven carelessly but he stressed Mr Bagrie’s inexperience. Mr Dunn said that driving conditions were “terrible” with poor visibility. He said that Mr Bagrie’s “game plan” was right but the execution was not. Mr Dunn agreed with Mr McIntyre that Mr Bagrie would learn from the experience. Neither was the horse the most tractable horse to drive, Mr Dunn said.

Mr Anderson said that he had tried to do a bit too much in the circumstances and his is goggles were fogged up and dirty. 

Reasons for Penalty:

In determining penalty, the Committee took into account Mr Bagrie’s admission of the breach and his inexperience. It also took into account the weather and track conditions, which made driving difficult. The Committee accepted Mr McIntyre’s submission that the breach was in the low to 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: f4ac7c4899e4d4accee93ef509ea3900


informantnumber: A5455


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 11/10/2011


hearing_title: NZ Metro TC 21 October 2011 - R 6


charge:

Careless driving


facts:

Following the running of Race 6, Canterbury Aluminium Pace, an information was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Junior Driver, Mr T D Bagrie, alleging a breach of Rule 869 (3) (b) in that Mr Bagrie, as the driver of CODE RED in the race, “at about the 1300 metres when attempting to shift his runner outwards struck the sulky of PEGLEG WEBB (R T May) causing his horse CODE RED to falter and cause interference to other horses”.

Mr Bagrie was present at the hearing of the information and he indicated that he admitted the breach. He was assisted at the hearing by Licensed Open Horseman, Mr D J Dunn.

Rule 869 provides as follows:
(3) No horseman in any race shall drive:-
(b) carelessly.


appealdecision:


isappeal:


submissionsfordecision:

Mr McIntyre said that, near the 1300 metres, Mr Bagrie driving CODE RED attempted to shift from the markers out on to the back of the eventual winner, PEGLEG WEBB. However, in doing so, CODE RED contacted the sulky of PEGLEG WEBB resulting in CODE RED breaking. As a result, STERLING LUSTRE (S J Ottley), which was racing directly behind, and SALEM (S F Golding) were checked.

Mr S W Wallis, Stipendiary Steward, showed a video replay of the incident. Mr McIntyre pointed out Mr Bagrie racing 6-deep on the markers. Runners on his outside progressed out and forward and Mr Bagrie attempted to fill the gap but ran into the back of Mr May, Mr McIntyre said. He pointed out the other two runners receive interference.


reasonsfordecision:


Decision:

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


sumissionsforpenalty:

Mr McIntyre said that Mr Bagrie had no previous breaches. He is a relatively inexperienced Junior Driver – this drive being only his 4th raceday drive. Mr Bagrie would learn from this experience, he said. The breach was in the low to mid range and Mr Bagrie’s inexperience should be taken into account. Mr McIntyre submitted that a fine of $200-250 was appropriate.

Mr Dunn, on behalf of Mr Bagrie, said that Mr Bagrie accepted that he had driven carelessly but he stressed Mr Bagrie’s inexperience. Mr Dunn said that driving conditions were “terrible” with poor visibility. He said that Mr Bagrie’s “game plan” was right but the execution was not. Mr Dunn agreed with Mr McIntyre that Mr Bagrie would learn from the experience. Neither was the horse the most tractable horse to drive, Mr Dunn said.

Mr Anderson said that he had tried to do a bit too much in the circumstances and his is goggles were fogged up and dirty. 


reasonsforpenalty:

In determining penalty, the Committee took into account Mr Bagrie’s admission of the breach and his inexperience. It also took into account the weather and track conditions, which made driving difficult. The Committee accepted Mr McIntyre’s submission that the breach was in the low to mid range. 


penalty:

Mr Bagrie was fined the sum of $200. 


hearing_type: Hearing


Rules: 869 (3) (b)


Informant: NG McIntyre - Stipendiary Steward


JockeysandTrainer: TD Bagrie - Licensed Junior Horseman


Otherperson: DJ Dunn - Licensed Open Horseman assisting Mr Bagrie


PersonPresent:


Respondent:


StipendSteward:


raceid: e87ddc3efc5d94eae4966ea2697f95ed


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: c7b40edfa9c325301df45f9ccd7b5cde


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 21/10/2011


meet_title: NZ Metro TC - 21 October 2011


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: nz-metro-tc


meet_racingtype: harness-racing


meet_chair: RMcKenzie


meet_pm1: JPhelan


meet_pm2: none


name: NZ Metro TC