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NZ Metro TC 23 April 2011 – R4

ID: JCA15556

Applicant:
Mr N. M. Ydgren - Stipendiary Steward

Respondent(s):
Mr G. D. Smith - Open Horseman

Information Number:
68598

Hearing Type:
Hearing

Rules:
Rule 869(3)(b)

Plea:
admitted

Meet Title:
NZ Metro TC - 23 April 2011

Meet Chair:
JPhelan

Meet Committee Member 1:
RMcKenzie

Meet Committee Member 2:
SChing

Race Date:
2011/04/23

Race Number:
R1

Decision:

The charge was found to be proved.

Penalty:

On resuming the hearing we advised the parties of our reasons and that Mr Smith was fined the sum of $500.

Charge:

Alleged breach of Rule 869(3)(b)

Facts:

Following the running of Race 4, the Avon City Ford NZ Welcome Stakes, an Information was filed by Stipendiary Steward Mr N. M. Ydgren against Open Horseman Mr G. D. Smith, the driver of “Anvils Lifesign” (9), alleging a breach of Rule 869(3)(b) in that he drove carelessly.
 
The charge reads as follows.
“I the above named informant allege that the above named Defendant committed a breach of Rule 869(3)(b) in that driver G. D. Smith (Anvils Lifesign) permitted his drive to come into contact with the sulky of Rockin Roll Lad (Blair Orange), resulting in his drive breaking and losing his chance.”
 
Rule 869(3)(b) reads as follows,
“(3) No horseman in any race shall drive:-
(b) carelessly..”
Mr Smith had indicated on the Information that this breach of the Rules was admitted and he confirmed this at the hearing. Mr Smith also agreed that he understood the charge and the Rule it was brought under.

Submissions for Decision:

Mr Ydgren gave evidence and used video coverage to show that late in the run home Mr Smith was attempting to take a gap when improving, but ran out of room and made contact with the sulky wheel of “Rockin Roll Lad” (1), resulting in his horse breaking and losing its chance.

Mr Smith explained that he was looking for a run, and although he took hold of his horse when he ran out of room, it was too late.

Reasons for Decision:

As Mr Smith had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).

Submissions for Penalty:

In relation to penalty Mr Ydgren advised that Mr Smith had three previous convictions since May 2010 under Rule 869(4). Mr Ydgren said that the Penalty Guide recommended a starting point of a fine of $600 and/or a 3 week suspension for a breach of this Rule in a major race. Mr Ydgren submitted that a fine of $500 should be imposed in this case.

Mr Smith had no submissions to make regarding penalty.
 
We adjourned to consider the matter of penalty.

Reasons for Penalty:

In relation to penalty we took into account that Mr Smith had admitted the breach, but also that he had three previous relevant convictions under Rule 869(4), and that this was an $80,000 Group 1 race.

We looked at the Penalty Guide and previous penalties imposed under this Rule in Group 1 races. We were satisfied that the penalty the Stipendiary Stewards recommended was very fair, and that Mr Smith would be fined the sum of $500.

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: b30c98cc54dc2933ccdd435843361815

informantnumber: 68598

horsename:

hearing_racingtype:

startdate: no date provided

newcharge:

plea: admitted

penaltyrequired: 1

decisiondate: 14/04/2011

hearing_title: NZ Metro TC 23 April 2011 - R4

charge:

Alleged breach of Rule 869(3)(b)

facts:

Following the running of Race 4, the Avon City Ford NZ Welcome Stakes, an Information was filed by Stipendiary Steward Mr N. M. Ydgren against Open Horseman Mr G. D. Smith, the driver of “Anvils Lifesign” (9), alleging a breach of Rule 869(3)(b) in that he drove carelessly.
 
The charge reads as follows.
“I the above named informant allege that the above named Defendant committed a breach of Rule 869(3)(b) in that driver G. D. Smith (Anvils Lifesign) permitted his drive to come into contact with the sulky of Rockin Roll Lad (Blair Orange), resulting in his drive breaking and losing his chance.”
 
Rule 869(3)(b) reads as follows,
“(3) No horseman in any race shall drive:-
(b) carelessly..”
Mr Smith had indicated on the Information that this breach of the Rules was admitted and he confirmed this at the hearing. Mr Smith also agreed that he understood the charge and the Rule it was brought under.

appealdecision:

isappeal:

submissionsfordecision:

Mr Ydgren gave evidence and used video coverage to show that late in the run home Mr Smith was attempting to take a gap when improving, but ran out of room and made contact with the sulky wheel of “Rockin Roll Lad” (1), resulting in his horse breaking and losing its chance.

Mr Smith explained that he was looking for a run, and although he took hold of his horse when he ran out of room, it was too late.

reasonsfordecision:

As Mr Smith had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).

Decision:

The charge was found to be proved.

sumissionsforpenalty:

In relation to penalty Mr Ydgren advised that Mr Smith had three previous convictions since May 2010 under Rule 869(4). Mr Ydgren said that the Penalty Guide recommended a starting point of a fine of $600 and/or a 3 week suspension for a breach of this Rule in a major race. Mr Ydgren submitted that a fine of $500 should be imposed in this case.

Mr Smith had no submissions to make regarding penalty.
 
We adjourned to consider the matter of penalty.

reasonsforpenalty:

In relation to penalty we took into account that Mr Smith had admitted the breach, but also that he had three previous relevant convictions under Rule 869(4), and that this was an $80,000 Group 1 race.

We looked at the Penalty Guide and previous penalties imposed under this Rule in Group 1 races. We were satisfied that the penalty the Stipendiary Stewards recommended was very fair, and that Mr Smith would be fined the sum of $500.

penalty:

On resuming the hearing we advised the parties of our reasons and that Mr Smith was fined the sum of $500.

hearing_type: Hearing

Rules: Rule 869(3)(b)

Informant: Mr N. M. Ydgren - Stipendiary Steward

JockeysandTrainer: Mr G. D. Smith - Open Horseman

Otherperson:

PersonPresent:

Respondent:

StipendSteward:

raceid: cc30fe6b8102c2b7b27815fc8f9594f4

race_expapproval:

racecancelled: 0

race_noreport: 0

race_emailed1: 0

race_emailed2: 0

race_title: R1

submittochair:

race_expappcomment:

race_km:

race_otherexp:

race_chair:

race_pm1:

race_pm2:

meetid: 9ce62f150f012408adb6bbec4d1c49a5

meet_expapproval: approved

meet_noreport: 0

waitingforpublication: 0

meet_emailed1: 0

meet_emailed2: 0

meetdate: 23/04/2011

meet_title: NZ Metro TC - 23 April 2011

meet_expappcomment:

meet_km: [{"Comment": [], "MemberRole": "Panel member 2 ", "MemberID": "SChing", "Member": "", "OtherExpenses": "0", "KMs": "0", "Total": "0.0", "kmprice": 0.0, "Approved": "on"}]

meet_otherexp:

tracklocation: nz-metro-tc

meet_racingtype: harness-racing

meet_chair: JPhelan

meet_pm1: RMcKenzie

meet_pm2: SChing

name: NZ Metro TC