Archive Decision

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NZ Metro TC 3 April 2021 – R 1 – Chair, Mr D Anderson

ID: JCA17850

Applicant:
Mr N Ydgren - Chief Stipendiary Steward

Respondent(s):
Mr R Holmes - Open Driver

Other Person:
Mr S Renault - Stipendiary Steward, Mr P Williams - Stipendiary Steward

Information Number:
A13292

Hearing Type:
Hearing

New Charge:
Careless Driving

Rules:
869(3)(b)

Plea:
admitted

Meet Title:
NZ Metro TC - 3 April 2021

Meet Chair:
DAnderson

Meet Committee Member 1:
OJarvis

Race Date:
2021/04/03

Race Number:
R 1

Decision:

Mr Holmes having admitted the breach; the charge was found proved.

Penalty:

Accordingly, Mr Holmes’ Open licence to drive is suspended from the conclusion of racing on Friday 9 April 2021 up to and including racing on 16 April 2021.

Meetings encompassed in the suspension are: Methven 11 April, Forbury Park 14 April and NZMTC 16 2021.

Facts:

Following the running of Race 1, an Information was filed by Chief Stipendiary Steward, Mr N Ydgren, against Open Driver, Mr R Holmes, alleging that “Mr Holmes (SUGARINSPICE) drove carelessly near the 700m when allowing his horse to contact the sulky wheel of GLOBAL FLIGHT which punctured”.

Mr Holmes confirmed he was conversant with the Rule and that he admitted the breach.

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

Mr Ydgren used the race films with the assistance of Mr Williams to identify Mr Holmes (SUGARINSPICE) racing mid field in the running line at approximately 800 metres from the finish. He pointed to Mr Holmes’ horse near fore hoof touch GLOBAL FLIGHTS offside sulky wheel which punctured.

Mr Holmes had nothing to add to Mr Ydgren’s evidence.

Submissions for Penalty:

Mr Ydgren stated Mr Holmes breached this Rule on the 10 March 2021 at Oamaru which was 31 drives ago and was fined $300. He said the Penalty Guide has a 3-day suspension as a starting point for a second breach of the careless driving Rule within a six-month period.

Mr Holmes made no submissions on penalty but requested a deferment of suspension until after the 9 April 2021.

Reasons for Penalty:

The Committee carefully considered all the evidence and submissions presented.

The Committee considered this case a clear breach of the Rule. GLOBAL FLIGHT (A Lethaby) has carried a punctured tyre for 700 metres impacting its chances.

The mitigating factor is Mr Holmes’ admission of the breach.

The Committee in considering the above factors find a 3-day suspension as an appropriate penalty in this case.

Mr Holmes is granted deferment pursuant to Rule 1304(1).

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: f6308215d7973143f18c9f475176dbd2


informantnumber: A13292


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Driving


plea: admitted


penaltyrequired: 1


decisiondate: 05/04/2021


hearing_title: NZ Metro TC 3 April 2021 - R 1 - Chair, Mr D Anderson


charge:


facts:

Following the running of Race 1, an Information was filed by Chief Stipendiary Steward, Mr N Ydgren, against Open Driver, Mr R Holmes, alleging that “Mr Holmes (SUGARINSPICE) drove carelessly near the 700m when allowing his horse to contact the sulky wheel of GLOBAL FLIGHT which punctured”.

Mr Holmes confirmed he was conversant with the Rule and that he admitted the breach.

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

Mr Ydgren used the race films with the assistance of Mr Williams to identify Mr Holmes (SUGARINSPICE) racing mid field in the running line at approximately 800 metres from the finish. He pointed to Mr Holmes’ horse near fore hoof touch GLOBAL FLIGHTS offside sulky wheel which punctured.

Mr Holmes had nothing to add to Mr Ydgren’s evidence.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr Holmes having admitted the breach; the charge was found proved.


sumissionsforpenalty:

Mr Ydgren stated Mr Holmes breached this Rule on the 10 March 2021 at Oamaru which was 31 drives ago and was fined $300. He said the Penalty Guide has a 3-day suspension as a starting point for a second breach of the careless driving Rule within a six-month period.

Mr Holmes made no submissions on penalty but requested a deferment of suspension until after the 9 April 2021.


reasonsforpenalty:

The Committee carefully considered all the evidence and submissions presented.

The Committee considered this case a clear breach of the Rule. GLOBAL FLIGHT (A Lethaby) has carried a punctured tyre for 700 metres impacting its chances.

The mitigating factor is Mr Holmes’ admission of the breach.

The Committee in considering the above factors find a 3-day suspension as an appropriate penalty in this case.

Mr Holmes is granted deferment pursuant to Rule 1304(1).


penalty:

Accordingly, Mr Holmes’ Open licence to drive is suspended from the conclusion of racing on Friday 9 April 2021 up to and including racing on 16 April 2021.

Meetings encompassed in the suspension are: Methven 11 April, Forbury Park 14 April and NZMTC 16 2021.


hearing_type: Hearing


Rules: 869(3)(b)


Informant: Mr N Ydgren - Chief Stipendiary Steward


JockeysandTrainer: Mr R Holmes - Open Driver


Otherperson: Mr S Renault - Stipendiary Steward, Mr P Williams - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: f754571d29e489f9ff1827c8e77502eb


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 1


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 424ae2f533527de67d12add3b0adc2f7


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 03/04/2021


meet_title: NZ Metro TC - 3 April 2021


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: nz-metro-tc


meet_racingtype: harness-racing


meet_chair: DAnderson


meet_pm1: OJarvis


meet_pm2: none


name: NZ Metro TC