NZ Metro TC 22 August 2019 – R 9 – Chair, Mr D Anderson
ID: JCA14223
Meet Title:
NZ Metro TC - 22 August 2019
Meet Chair:
DAnderson
Meet Committee Member 1:
DJackson
Race Date:
2019/08/22
Race Number:
R 9
Decision:
The charge is proved.
Penalty:
Accordingly, Mr McCormick’s licence to drive is suspended from the close of racing today 22 August 2019 up to and including racing on the 22 September 2019.
Meetings encompassed in the suspension are:
NZMTC 30 August
NZMTC 6 September
NZMTC 13 September
Methven 15 September
NZMTC 19 September and Oamaru 22 September 2019
Facts:
Following the running of Race 9, the Pegasus Spur – Elite Trotting Sire Mobile Trot, an information was filed by Stipendiary Steward, Mrs C Tibbs, against Open Driver Mr D McCormick alleging that “racing into the first bend you shifted inwards when not sufficiently clear causing QUAESTOR (K Butt) to be checked”.
Mr McCormick had signed the Information that he did not admit the breach and he confirmed to the Committee he had a clear understanding of the careless driving rule.
Rule 869(3) (b) provides as follows:
(3) no horseman in any race shall drive:
(b) carelessly
Submissions for Decision:
Mrs Tibbs using the race video identified Mr McCormick driving SUGAR CANE, who had started from the outside of the mobile gate, moving from 3 to 4 wide into the parked position one off the rail. She pointed to Ms Butt (QUAESTOR), who was one off the rail as Mr McCormick shifted across, gallop and lose considerable ground. Mrs Tibbs contended Mr McCormick had placed Ms Butt in very tight quarters and had crossed too soon and struck QUAESTOR with his inside wheel causing it to gallop.
Mrs Tibbs called Ms Butt to give evidence for the Stewards. Ms Butt said Mr McCormick had squeezed and then crossed her, and as she was in restricted room this caused Mr McCormick’s wheel to hit QUAESTOR’s leg which in turn galloped.
Mr McCormick said his main defence was he was in a much better position than Ms Butt to tell if contact had been made. He demonstrated on the video at the point of the shift inwards that he had his horse’s head turned out making sure he was clear of QUAESTOR. He conceded it did look as if there was contact but was adamant there was none.
Reasons for Decision:
Having carefully reviewed the video evidence and the submissions provided by both parties, the Committee determined that the charge is proved.
It was clear to the Committee on the video evidence that SUGAR CANE tightened Ms Butt and QUAESTOR has galloped instantaneously as SUGAR CANE crossed it.
Obviously, there is a direct conflict of evidence in relation to contact.
Whether Ms Butt’s horse galloped because it anticipated being contacted, or was indeed contacted is conjecture. The relevant evidence, supported by the race video, is QUAESTOR was trotting in very tight racing quarters and the onus was on Mr McCormick to allow enough racing room when making his manoeuvre.
Submissions for Penalty:
Mrs Tibbs said this breach was mid-range and the Stewards, considering the penalty guide starting point of a 10-drive suspension, were seeking a 6-day suspension. She said this would take into account Mr McCormick’s frequency and volume of driving. She said Mr McCormick drove 32 times last season and this was his 3rd drive this season. Mrs Tibbs said Mr McCormick had a clear record under the rule.
Mr McCormick made no submissions on penalty other than to say he would prefer a suspension rather than a fine.
Reasons for Penalty:
The JCA penalty Guidelines for the rule provides a starting point of a $500 fine or a 10-drive suspension. This Committee agree this to be a clear case of careless driving and a suspension is appropriate. It is a medium level breach with the consequences of a horse galloping and losing several lengths.
The mitigating factor is Mr McCormick’s clear record.
There are no aggravating factors to consider.
The Committee having regard for the above factors, considered a 6-day suspension as an appropriate penalty in this case.
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: a98a5c4b4e85a1eb6af68766bc9ec9a4
informantnumber: A11226
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: denied
penaltyrequired: 1
decisiondate: 26/08/2019
hearing_title: NZ Metro TC 22 August 2019 - R 9 - Chair, Mr D Anderson
charge:
facts:
Following the running of Race 9, the Pegasus Spur – Elite Trotting Sire Mobile Trot, an information was filed by Stipendiary Steward, Mrs C Tibbs, against Open Driver Mr D McCormick alleging that “racing into the first bend you shifted inwards when not sufficiently clear causing QUAESTOR (K Butt) to be checked”.
Mr McCormick had signed the Information that he did not admit the breach and he confirmed to the Committee he had a clear understanding of the careless driving rule.
Rule 869(3) (b) provides as follows:
(3) no horseman in any race shall drive:
(b) carelessly
appealdecision:
isappeal:
submissionsfordecision:
Mrs Tibbs using the race video identified Mr McCormick driving SUGAR CANE, who had started from the outside of the mobile gate, moving from 3 to 4 wide into the parked position one off the rail. She pointed to Ms Butt (QUAESTOR), who was one off the rail as Mr McCormick shifted across, gallop and lose considerable ground. Mrs Tibbs contended Mr McCormick had placed Ms Butt in very tight quarters and had crossed too soon and struck QUAESTOR with his inside wheel causing it to gallop.
Mrs Tibbs called Ms Butt to give evidence for the Stewards. Ms Butt said Mr McCormick had squeezed and then crossed her, and as she was in restricted room this caused Mr McCormick’s wheel to hit QUAESTOR’s leg which in turn galloped.
Mr McCormick said his main defence was he was in a much better position than Ms Butt to tell if contact had been made. He demonstrated on the video at the point of the shift inwards that he had his horse’s head turned out making sure he was clear of QUAESTOR. He conceded it did look as if there was contact but was adamant there was none.
reasonsfordecision:
Having carefully reviewed the video evidence and the submissions provided by both parties, the Committee determined that the charge is proved.
It was clear to the Committee on the video evidence that SUGAR CANE tightened Ms Butt and QUAESTOR has galloped instantaneously as SUGAR CANE crossed it.
Obviously, there is a direct conflict of evidence in relation to contact.
Whether Ms Butt’s horse galloped because it anticipated being contacted, or was indeed contacted is conjecture. The relevant evidence, supported by the race video, is QUAESTOR was trotting in very tight racing quarters and the onus was on Mr McCormick to allow enough racing room when making his manoeuvre.
Decision:
The charge is proved.
sumissionsforpenalty:
Mrs Tibbs said this breach was mid-range and the Stewards, considering the penalty guide starting point of a 10-drive suspension, were seeking a 6-day suspension. She said this would take into account Mr McCormick’s frequency and volume of driving. She said Mr McCormick drove 32 times last season and this was his 3rd drive this season. Mrs Tibbs said Mr McCormick had a clear record under the rule.
Mr McCormick made no submissions on penalty other than to say he would prefer a suspension rather than a fine.
reasonsforpenalty:
The JCA penalty Guidelines for the rule provides a starting point of a $500 fine or a 10-drive suspension. This Committee agree this to be a clear case of careless driving and a suspension is appropriate. It is a medium level breach with the consequences of a horse galloping and losing several lengths.
The mitigating factor is Mr McCormick’s clear record.
There are no aggravating factors to consider.
The Committee having regard for the above factors, considered a 6-day suspension as an appropriate penalty in this case.
penalty:
Accordingly, Mr McCormick’s licence to drive is suspended from the close of racing today 22 August 2019 up to and including racing on the 22 September 2019.
Meetings encompassed in the suspension are:
NZMTC 30 August
NZMTC 6 September
NZMTC 13 September
Methven 15 September
NZMTC 19 September and Oamaru 22 September 2019
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mrs C Tibbs - Stipendiary Steward
JockeysandTrainer: Mr D McCormick - Open Driver
Otherperson: Mr S Renault - Stipendiary Steward, Mr N Ydgren - Chief Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 56204f482708919688fc4ecd344f4f4d
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 3c6a2a64614987f59769e159e918d6b7
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 22/08/2019
meet_title: NZ Metro TC - 22 August 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: DAnderson
meet_pm1: DJackson
meet_pm2: none
name: NZ Metro TC