NZ Metro TC – 30 July 2009 – Race 1
ID: JCA22871
Hearing Type (Code):
harness-racing
Meet Title:
NZ Metro TC - 30 July 2009
Race Date:
2009/07/30
Race Number:
Race 1
Decision:
Following the running of Race 1, The Mad Butcher Supports Allergy Awareness Mobile Pace, an information was filed by Stipendiary Steward, Mr S P Renault, alleging a breach of Rule 869 (3) (b) in that “as the driver of HE’ S A CHARMER [he] drove carelessly when allowing his drive to strike the wheel of KONNI KASE (J Williams) with approximately 500 metres to run”.
--
Following the running of Race 1, The Mad Butcher Supports Allergy Awareness Mobile Pace, an information was filed by Stipendiary Steward, Mr S P Renault, alleging a breach of Rule 869 (3) (b) in that “as the driver of HE’ S A CHARMER [he] drove carelessly when allowing his drive to strike the wheel of KONNI KASE (J Williams) with approximately 500 metres to run”.
--Mr Holmes was present at the hearing of the information and did not admit the breach.
--Rule 869 provides as follows:
(3) No horseman in any race shall drive:-
(b) carelessly.
Following the hearing and following a deliberation, the Committee delivered the following oral decision:-
“The Committee has carefully listened to the evidence and the submissions of the parties in this case and we have carefully viewed the video replays.
It was alleged by Mr Renault that Mr Holmes drove carelessly when allowing HE’S A CHARMER to strike the wheel of KONNI KASE with approximately 500 metres to run. Mr Ydgren, Stipendiary Steward, showed video replays of the incident.
--Mr Holmes submitted that the incident was the result of “backwash” as much as anything. He used the video replays to demonstrate that he had maintained a straight line. He pointed out that Mrs Williams had made a rapid outward movement and, in front of her, RUBY ANN (K S Hadfield) was retreating quickly.
--The Committee finds that those two factors, if not the cause of the incident, at least contributed significantly to the incident in which HE’S A CHARMER struck the wheel of KONNI KASE.
--The Committee is not satisfied, on a balance of probabilities, that Mr Holmes drove carelessly. There is some doubt as a result of those contributing factors referred to and we have to give Mr Holmes the benefit of that doubt.
--The charge of careless driving against Mr Holmes is dismissed”.
--R G McKenzie
CHAIR
68010
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: eb2ec1415f191e40b97b9731dfb18def
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 30/07/2009
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: NZ Metro TC - 30 July 2009 - Race 1
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Following the running of Race 1, The Mad Butcher Supports Allergy Awareness Mobile Pace, an information was filed by Stipendiary Steward, Mr S P Renault, alleging a breach of Rule 869 (3) (b) in that “as the driver of HE’ S A CHARMER [he] drove carelessly when allowing his drive to strike the wheel of KONNI KASE (J Williams) with approximately 500 metres to run”.
--
Following the running of Race 1, The Mad Butcher Supports Allergy Awareness Mobile Pace, an information was filed by Stipendiary Steward, Mr S P Renault, alleging a breach of Rule 869 (3) (b) in that “as the driver of HE’ S A CHARMER [he] drove carelessly when allowing his drive to strike the wheel of KONNI KASE (J Williams) with approximately 500 metres to run”.
--Mr Holmes was present at the hearing of the information and did not admit the breach.
--Rule 869 provides as follows:
(3) No horseman in any race shall drive:-
(b) carelessly.
Following the hearing and following a deliberation, the Committee delivered the following oral decision:-
“The Committee has carefully listened to the evidence and the submissions of the parties in this case and we have carefully viewed the video replays.
It was alleged by Mr Renault that Mr Holmes drove carelessly when allowing HE’S A CHARMER to strike the wheel of KONNI KASE with approximately 500 metres to run. Mr Ydgren, Stipendiary Steward, showed video replays of the incident.
--Mr Holmes submitted that the incident was the result of “backwash” as much as anything. He used the video replays to demonstrate that he had maintained a straight line. He pointed out that Mrs Williams had made a rapid outward movement and, in front of her, RUBY ANN (K S Hadfield) was retreating quickly.
--The Committee finds that those two factors, if not the cause of the incident, at least contributed significantly to the incident in which HE’S A CHARMER struck the wheel of KONNI KASE.
--The Committee is not satisfied, on a balance of probabilities, that Mr Holmes drove carelessly. There is some doubt as a result of those contributing factors referred to and we have to give Mr Holmes the benefit of that doubt.
--The charge of careless driving against Mr Holmes is dismissed”.
--R G McKenzie
CHAIR
68010
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.3.b
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: ab88646e578328aa03197629597328ee
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 766f136aba92a13bf35f7060b93e00fc
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 30/07/2009
meet_title: NZ Metro TC - 30 July 2009
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: NZ Metro TC