Archive Decision

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NZ Metro TC 29 July 2011 – R 9

ID: JCA12104

Applicant:
NM Ydgren - Stipendiary Steward

Other Person:
Mr BN Orange - Licensed Open Horseman assisting Miss Young

Information Number:
66835

Hearing Type:
Hearing

Rules:
869(3)(b)

Plea:
admitted

Meet Title:
NZ Metro TC - 29 July 2011

Meet Chair:
RMcKenzie

Meet Committee Member 1:
PRosanowski

Race Date:
2011/07/29

Race Number:
R 9

Decision:

Miss Young having admitted the charge, the charge was found proved.

Penalty:

Miss Young’s Junior Driver’s Licence was suspended up to and including Tuesday, 9 August 2011 – effectively 3 meetings (based on a total of 5-6 drives at those meetings).

Charge:

Careless driving.

Facts:

Following the running of Race 9, Treetech Specialist Treecare Mobile Pace, Information No. 66835 was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Junior Driver, Miss J J A Young, alleging that Miss Young, as the driver of TARPORT SPIRIT in the race,
“drove carelessly when attempting to improve between BEARDSLEY (S F Golding) and GRETNA’S BEST (R J Butt) when not in a position to do so”.

Miss Young was present at the hearing of the information and was assisted by Licensed Open Horseman, Mr B N Orange. Miss Young indicated that she admitted the breach.

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

Submissions for Decision:

Mr Ydgren had Mr S P Renault, Stipendiary Steward, show video replays of the incident with approximately 300 metres to run. He pointed out GRETNA’S BEST racing 3-wide with Miss Young, driving TARPORT SPIRIT in the middle. Passing the 400 metres, Miss Young attempted to improve outwards by forcing Mr Butt out when she was never in a position to do so as Mr Butt was ahead of her. She attempted to take a gap that was never there as a result of which her own horse broke and lost all chance.

Mr Orange said that what had happened was self-explanatory. He said that he had explained to Miss Young what she should have done. On this occasion, she had “got it wrong”, he said, and she would learn from her mistake.

Submissions for Penalty:

Mr Ydgren said that on 5.9.10 Miss Young received a one-week suspension for driving in a manner likely to cause interference when attempting to ease another runner. He referred to the Penalty Guide which gave, as a starting point for a breach of the Rule, a $400 fine and/or 8 drives. The consequences of Miss Young’s carelessness were that her horse lost its chance in the race. However, no other runner was affected, Mr Ydgren said. He submitted that the appropriate penalty was a fine of $250-300.

Mr Ydgren informed the Committee that Miss Young had had 162 career drives, including 44 in the current season.

Mr Orange said that he had spoken to Miss Young who had told him she was not in a financial position to pay a fine. He submitted that the Committee should consider a suspension rather than a fine.

The Committee looked at upcoming race meetings at which Miss Young would be likely to have driven. Miss Young said that she had a drive at most meetings and could have two or three drives per meeting in the next few weeks as her father, a trainer, will have horses racing in that period.

Mr Ydgren submitted that a suspension for 5-6 drives would be appropriate.

Reasons for Penalty:

In determining penalty, the Committee took into account Miss Young’s frank admission of the breach and her previous satisfactory record. An aggravating factor was that her horse had lost its chance in the race. The Committee also took into account Miss Young’s financial position and her preference for a suspension.

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: 31f017bac2e1b55e25f2728f1028c0ab


informantnumber: 66835


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 05/08/2011


hearing_title: NZ Metro TC 29 July 2011 - R 9


charge:

Careless driving.


facts:

Following the running of Race 9, Treetech Specialist Treecare Mobile Pace, Information No. 66835 was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Junior Driver, Miss J J A Young, alleging that Miss Young, as the driver of TARPORT SPIRIT in the race,
“drove carelessly when attempting to improve between BEARDSLEY (S F Golding) and GRETNA’S BEST (R J Butt) when not in a position to do so”.

Miss Young was present at the hearing of the information and was assisted by Licensed Open Horseman, Mr B N Orange. Miss Young indicated that she admitted the breach.

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


appealdecision:


isappeal:


submissionsfordecision:

Mr Ydgren had Mr S P Renault, Stipendiary Steward, show video replays of the incident with approximately 300 metres to run. He pointed out GRETNA’S BEST racing 3-wide with Miss Young, driving TARPORT SPIRIT in the middle. Passing the 400 metres, Miss Young attempted to improve outwards by forcing Mr Butt out when she was never in a position to do so as Mr Butt was ahead of her. She attempted to take a gap that was never there as a result of which her own horse broke and lost all chance.

Mr Orange said that what had happened was self-explanatory. He said that he had explained to Miss Young what she should have done. On this occasion, she had “got it wrong”, he said, and she would learn from her mistake.


reasonsfordecision:


Decision:

Miss Young having admitted the charge, the charge was found proved.


sumissionsforpenalty:

Mr Ydgren said that on 5.9.10 Miss Young received a one-week suspension for driving in a manner likely to cause interference when attempting to ease another runner. He referred to the Penalty Guide which gave, as a starting point for a breach of the Rule, a $400 fine and/or 8 drives. The consequences of Miss Young’s carelessness were that her horse lost its chance in the race. However, no other runner was affected, Mr Ydgren said. He submitted that the appropriate penalty was a fine of $250-300.

Mr Ydgren informed the Committee that Miss Young had had 162 career drives, including 44 in the current season.

Mr Orange said that he had spoken to Miss Young who had told him she was not in a financial position to pay a fine. He submitted that the Committee should consider a suspension rather than a fine.

The Committee looked at upcoming race meetings at which Miss Young would be likely to have driven. Miss Young said that she had a drive at most meetings and could have two or three drives per meeting in the next few weeks as her father, a trainer, will have horses racing in that period.

Mr Ydgren submitted that a suspension for 5-6 drives would be appropriate.


reasonsforpenalty:

In determining penalty, the Committee took into account Miss Young’s frank admission of the breach and her previous satisfactory record. An aggravating factor was that her horse had lost its chance in the race. The Committee also took into account Miss Young’s financial position and her preference for a suspension.


penalty:

Miss Young’s Junior Driver’s Licence was suspended up to and including Tuesday, 9 August 2011 – effectively 3 meetings (based on a total of 5-6 drives at those meetings).


hearing_type: Hearing


Rules: 869(3)(b)


Informant: NM Ydgren - Stipendiary Steward


JockeysandTrainer:


Otherperson: Mr BN Orange - Licensed Open Horseman assisting Miss Young


PersonPresent:


Respondent:


StipendSteward:


raceid: ea1185e0830605a667e6a1b345ac4aec


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: 7a5e30d6ac6c7f878124ff33946ef51e


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 29/07/2011


meet_title: NZ Metro TC - 29 July 2011


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: nz-metro-tc


meet_racingtype: harness-racing


meet_chair: RMcKenzie


meet_pm1: PRosanowski


meet_pm2: none


name: NZ Metro TC