NZ Metro TC 24 March 2021 – R 4 – Chair, Mr R McKenzie
ID: JCA11537
Meet Title:
NZ Metro TC - 24 March 2021
Meet Chair:
RMcKenzie
Race Date:
2021/03/24
Race Number:
R4
Decision:
The charge was found proved.
Penalty:
Mr McCormick’s Open Driver’s licence is suspended from after the close of racing on 24 March 2021 up to and including 5 April 2021 – 4 days. The meetings intended to be encompassed by the term of suspension are Waimate TC on 28 March, NZ Metropolitan TC on 31 March and 3 April and Banks Peninsula TC on 5 April 2021.
Facts:
Following the running of Race 4, IRT. Your Horse. Our Passion. Pace, an Information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Driver, Mr L D McCormick, alleging that, as the driver of MISSMOLLYGOODGOLLY in the race, he “drove carelessly when shifting inwards shortly after the start when insufficiently clear of NADIRA FRANCO (H S Clarke) which was checked”.
Mr McCormick had signed the Statement by the Respondent on the Information form indicating that he denied the breach and he confirmed this at the hearing, at which he was present.
Rule 869 provides as follows:
(3) No driver shall in any race drive:-
(b) carelessly
Submissions for Decision:
Mr Renault had Manager of Stewards, Mr N G McIntyre, show video replays of the first 200 metres of the 2000 metres standing start race. He pointed out MISSMOLLYGOODGOLLY, driven by Mr McCormick, which had drawn barrier position 8 and NADIRA FRANCO, driven by Ms Clarke, drawn inside it in barrier position 7.
As the tape was released, Mr McCormick’s runner settled a length clear, Mr McIntyre said. However, it then “scrambled for a stride” to be alongside Ms Clarke. Approximately 150 metres after the start, he said, Ms Clarke’s runner galloped. Mr McCormick came in at quite a sharp angle and at no stage was Mr McCormick clear of Ms Clarke when he crossed her and checked her runner, which broke. Stewards were prepared to concede that, just prior to the incident but too late, the head of Mr McCormick’s runner was turned out, Mr McIntyre said.
Mr Renault said that Ms Clarke had told them that she had nowhere to go and suffered pressure from the outside, received contact and was checked.
Mr McCormick said that he had turned his horse’s head out. When he started to do so, there was still space on his inside, and on Ms Clarke’s inside, but his horse had not responded and continued to go across. He was doing his best to steer it out but the horse did not respond. He had followed another runner across, but had attempted to straighten prior to contacting Ms Clarke. He said that the horse had hung for almost the entire race and was difficult to steer. He had anticipated what might happen and tried to stop it, but his horse did not respond, he said.
Mr Renault submitted that Mr McCormick had come down the track at such a sharp angle and has not given himself enough time to correct. He had four horses to his inside. His corrective actions were too late as Ms Clarke was already in trouble, he said. To this, Mr McCormick said that the inside horses were shifting out as he came down making his actions look a lot worse. Mr Renault did not agree.
Reasons for Decision:
The Committee was satisfied that Mr McCormick had driven carelessly by angling sharply down the track after the start and continuing to shift in, with four other runners on his inside. The Committee finds that he was careless in coming down on that angle and not giving himself sufficient time to correct his horse’s movement. The corrective action that he took, by turning his horse’s head outwards, was too late to avoid the interference to Ms Clarke’s runner.
Submissions for Penalty:
Mr Renault told the hearing that Mr McCormick has had 52 drives this season and 62 last season, which is equivalent to two drives per week, he said. He has been driving more frequently in recent months, sometimes up to four drives per meeting.
The starting point under the Penalty Guide is a 10-drives suspension, Mr Renault said. The breach is no worse than mid-range, he said. NADIRA FRANCO broke and lost considerable ground, its chances being affected, Mr Renault submitted. Mr McCormick has a clear record under the careless driving rule.
Mr McCormick elected to take any suspension starting immediately.
Reasons for Penalty:
The starting point for a mid-range breach, which this is, under the Penalty Guide is a 10-drives suspension. Mr McCormick is entitled to a discount from that starting point, for the mitigating factor of his good record, and the Committee fixes that discount in this case at 2 drives. It was agreed that Mr McCormick drove, on average, two times per meeting, so an 8-drives suspension would involve four race meetings.
The Committee did not take the interference to NADIRA FRANCO as an aggravating factor having regard to how that horse finished the race.
JCA Decision Fields (raw)
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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: 1cc8ff3c4a67f1b6e6920aea91b11d4d
informantnumber: A13306
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: denied
penaltyrequired: 1
decisiondate: 25/03/2021
hearing_title: NZ Metro TC 24 March 2021 - R 4 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 4, IRT. Your Horse. Our Passion. Pace, an Information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Driver, Mr L D McCormick, alleging that, as the driver of MISSMOLLYGOODGOLLY in the race, he “drove carelessly when shifting inwards shortly after the start when insufficiently clear of NADIRA FRANCO (H S Clarke) which was checked”.
Mr McCormick had signed the Statement by the Respondent on the Information form indicating that he denied the breach and he confirmed this at the hearing, at which he was present.
Rule 869 provides as follows:
(3) No driver shall in any race drive:-
(b) carelessly
appealdecision:
isappeal:
submissionsfordecision:
Mr Renault had Manager of Stewards, Mr N G McIntyre, show video replays of the first 200 metres of the 2000 metres standing start race. He pointed out MISSMOLLYGOODGOLLY, driven by Mr McCormick, which had drawn barrier position 8 and NADIRA FRANCO, driven by Ms Clarke, drawn inside it in barrier position 7.
As the tape was released, Mr McCormick’s runner settled a length clear, Mr McIntyre said. However, it then “scrambled for a stride” to be alongside Ms Clarke. Approximately 150 metres after the start, he said, Ms Clarke’s runner galloped. Mr McCormick came in at quite a sharp angle and at no stage was Mr McCormick clear of Ms Clarke when he crossed her and checked her runner, which broke. Stewards were prepared to concede that, just prior to the incident but too late, the head of Mr McCormick’s runner was turned out, Mr McIntyre said.
Mr Renault said that Ms Clarke had told them that she had nowhere to go and suffered pressure from the outside, received contact and was checked.
Mr McCormick said that he had turned his horse’s head out. When he started to do so, there was still space on his inside, and on Ms Clarke’s inside, but his horse had not responded and continued to go across. He was doing his best to steer it out but the horse did not respond. He had followed another runner across, but had attempted to straighten prior to contacting Ms Clarke. He said that the horse had hung for almost the entire race and was difficult to steer. He had anticipated what might happen and tried to stop it, but his horse did not respond, he said.
Mr Renault submitted that Mr McCormick had come down the track at such a sharp angle and has not given himself enough time to correct. He had four horses to his inside. His corrective actions were too late as Ms Clarke was already in trouble, he said. To this, Mr McCormick said that the inside horses were shifting out as he came down making his actions look a lot worse. Mr Renault did not agree.
reasonsfordecision:
The Committee was satisfied that Mr McCormick had driven carelessly by angling sharply down the track after the start and continuing to shift in, with four other runners on his inside. The Committee finds that he was careless in coming down on that angle and not giving himself sufficient time to correct his horse’s movement. The corrective action that he took, by turning his horse’s head outwards, was too late to avoid the interference to Ms Clarke’s runner.
Decision:
The charge was found proved.
sumissionsforpenalty:
Mr Renault told the hearing that Mr McCormick has had 52 drives this season and 62 last season, which is equivalent to two drives per week, he said. He has been driving more frequently in recent months, sometimes up to four drives per meeting.
The starting point under the Penalty Guide is a 10-drives suspension, Mr Renault said. The breach is no worse than mid-range, he said. NADIRA FRANCO broke and lost considerable ground, its chances being affected, Mr Renault submitted. Mr McCormick has a clear record under the careless driving rule.
Mr McCormick elected to take any suspension starting immediately.
reasonsforpenalty:
The starting point for a mid-range breach, which this is, under the Penalty Guide is a 10-drives suspension. Mr McCormick is entitled to a discount from that starting point, for the mitigating factor of his good record, and the Committee fixes that discount in this case at 2 drives. It was agreed that Mr McCormick drove, on average, two times per meeting, so an 8-drives suspension would involve four race meetings.
The Committee did not take the interference to NADIRA FRANCO as an aggravating factor having regard to how that horse finished the race.
penalty:
Mr McCormick’s Open Driver’s licence is suspended from after the close of racing on 24 March 2021 up to and including 5 April 2021 – 4 days. The meetings intended to be encompassed by the term of suspension are Waimate TC on 28 March, NZ Metropolitan TC on 31 March and 3 April and Banks Peninsula TC on 5 April 2021.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: S P Renault, Stipendiary Steward
JockeysandTrainer: L D McCormick, Licensed Open Driver
Otherperson: N G McIntyre, Manager of Stewards
PersonPresent:
Respondent:
StipendSteward:
raceid: 529a4ec0e74353106862cc40a2a1967f
race_expapproval:
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race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R4
submittochair:
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meetdate: 24/03/2021
meet_title: NZ Metro TC - 24 March 2021
meet_expappcomment:
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tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
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name: NZ Metro TC