NZ Metro TC – 31 March 2006 – Race 7
ID: JCA22021
Hearing Type (Code):
harness-racing
Meet Title:
NZ Metro TC - 31 March 2006
Race Date:
2006/03/31
Race Number:
Race 7
Decision: --
Following the running of Race 7, Tyco Electronics/Garry Thompson Solicitor NZ Trotting Championship, an information was filed by Chief Stipendiary Steward, Mr N R Escott, against Licensed Driver, Miss N A Chilcott, alleging that Miss Chilcott drove carelessly
--
DECISION AND REASONS:
--Following the running of Race 7, Tyco Electronics/Garry Thompson Solicitor NZ Trotting Championship, an information was filed by Chief Stipendiary Steward, Mr N R Escott, against Licensed Driver, Miss N A Chilcott, alleging that Miss Chilcott drove carelessly in that, as the driver of GOLD in the race, with approximately 1400 metres to run she allowed her horse to strike the sulky wheel of IDLE WISHES (B N Orange) causing GOLD to break.
----Miss Chilcott was present at the hearing of the information and did not admit the breach.
----Mr Escott asked Mr B D Williams, Assistant Stipendiary Steward, to show video replays of the relevant part of the race. He pointed out ALLEGRO AGITATO (R T May) being trailed by IDLE WISHES (B N Orange) with GOLD behind that runner at the rear of the field with approximately 1400 metres to run. He showed ALLEGRO AGITATO shift out and, simultaneously, GOLD break. He further showed Mr Orange turn around and look down, his wheel having been struck, just before GOLD broke. He submitted that the actions of GOLD were consistent with having struck the sulky wheel of IDLE WISHES.
----Mr Escott submitted that any easing of the pace at that point in the race was "very, very marginal".
----Mr Williams stated that the three runners were catching the field and that there were gaps between them. He said that it appeared that GOLD was trailing the inside wheel of IDLE WISHES at all times and not trailing the sulky of that horse. It was less likely that GOLD would have struck the wheel if Miss Chilcott had been trailing in the correct position. Mr Williams said that any easing of the pace was very minimal. The horses had closed up the gaps and were continuing on a move around the field. The horses were open class trotters and should be able to cope with an easing of the pace, if any.
----Miss Chilcott, who had earlier indicated that she may wish to call Mr Orange to give evidence on her behalf, stated that she no longer wished to do so after the Stipendiary Stewards had accepted that there had been a slight easing of the pace.
----Miss Chilcott said that she had been "chasing to catch up". Her horse had been "lugging in a little bit round the turn" which was why she was not trailing directly behind IDLE WISHES. She stated that, when she went to come out, ALLEGRO AGITATO had also gone to go but was then angled back in. It was at that point that GOLD broke. As the last horse of the three she had "copped the worst of it" when Mr Orange also eased. She said that she had taken hold of her horse's head but it is a "long-strider". Her horse had broken as a result of the easing of the pace in front and it had "copped the backwash" and struck the wheel of IDLE WISHES.
----Following a deliberation, the Committee delivered the following oral decision:
--"The Committee has considered the evidence of the Stipendiary Stewards and the statement made by Miss Chilcott and we have carefully viewed the video replays.
--Miss Chilcott has not disputed that GOLD struck the sulky wheel of Mr Orange's horse and broke, but she attributed this to an easing of the pace at that point in the race. She also stated that her horse had been lugging in which accounted for its being on the wheel of Mr Orange's horse rather than trailing it in the correct position.
--We have to consider whether Miss Chilcott exhibited the skills of a reasonable and prudent driver.
--We are of the view that a reasonable and prudent driver would have been able to avoid his or her horse contacting the wheel of Mr Orange's horse. We find this to be so notwithstanding that there may have been a slight easing of the pace, as submitted by Miss Chilcott and conceded by the Stipendiary Stewards, and notwithstanding that Miss Chilcott's horse may have been lugging. We do not consider that either the slight easing of the pace or the behaviour of Miss Chilcott's horse materially contributed to the breaking of GOLD. We are satisfied that this was rather the result of the actions of Miss Chilcott which, we are satisfied, amount to careless driving. Therefore, we find the charge to be proved."
----In relation to penalty, Mr Escott submitted that Miss Chilcott was an experienced driver. She had a clear record over the last 12 months. Mr Escott submitted that the Committee should take into account the status of the race (a Group 1 race for a stake of $50,000) and the fact that GOLD lost all chance in the race after breaking. Mr Escott recommended a fine of $300.00.
----Miss Chilcott submitted that the status of the race should not be a factor in justifying a higher than usual fine. She indicated that she was in a position to pay a fine and preferred a fine to a suspension.
----Following a further deliberation, the Committee delivered the following oral decision in relation to penalty:
--"We have deliberated and considered the matter of penalty. We have taken into account what you both had to say. Mr Escott has rightly pointed out that this was a $50,000 race and, we note, that it was also a Group 1 race. As I said earlier, we are of the view that these are factors which we should take into account. We have also taken into account Miss Chilcott's previous good record and that fact that there were mitigating factors ? there may have been a slight easing of the pace and perhaps your horse was lugging. Considering all of those matters, we consider Mr Escott's recommendation in relation to penalty to be a fair one and we are happy to accept his recommendation and Miss Chilcott is fined the sum of $300.00 accordingly.
----RG McKenzie
--CHAIRMAN
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: b21087b59c0e7d339758ed808754a080
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 31/03/2006
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: NZ Metro TC - 31 March 2006 - Race 7
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--Following the running of Race 7, Tyco Electronics/Garry Thompson Solicitor NZ Trotting Championship, an information was filed by Chief Stipendiary Steward, Mr N R Escott, against Licensed Driver, Miss N A Chilcott, alleging that Miss Chilcott drove carelessly
--
DECISION AND REASONS:
--Following the running of Race 7, Tyco Electronics/Garry Thompson Solicitor NZ Trotting Championship, an information was filed by Chief Stipendiary Steward, Mr N R Escott, against Licensed Driver, Miss N A Chilcott, alleging that Miss Chilcott drove carelessly in that, as the driver of GOLD in the race, with approximately 1400 metres to run she allowed her horse to strike the sulky wheel of IDLE WISHES (B N Orange) causing GOLD to break.
----Miss Chilcott was present at the hearing of the information and did not admit the breach.
----Mr Escott asked Mr B D Williams, Assistant Stipendiary Steward, to show video replays of the relevant part of the race. He pointed out ALLEGRO AGITATO (R T May) being trailed by IDLE WISHES (B N Orange) with GOLD behind that runner at the rear of the field with approximately 1400 metres to run. He showed ALLEGRO AGITATO shift out and, simultaneously, GOLD break. He further showed Mr Orange turn around and look down, his wheel having been struck, just before GOLD broke. He submitted that the actions of GOLD were consistent with having struck the sulky wheel of IDLE WISHES.
----Mr Escott submitted that any easing of the pace at that point in the race was "very, very marginal".
----Mr Williams stated that the three runners were catching the field and that there were gaps between them. He said that it appeared that GOLD was trailing the inside wheel of IDLE WISHES at all times and not trailing the sulky of that horse. It was less likely that GOLD would have struck the wheel if Miss Chilcott had been trailing in the correct position. Mr Williams said that any easing of the pace was very minimal. The horses had closed up the gaps and were continuing on a move around the field. The horses were open class trotters and should be able to cope with an easing of the pace, if any.
----Miss Chilcott, who had earlier indicated that she may wish to call Mr Orange to give evidence on her behalf, stated that she no longer wished to do so after the Stipendiary Stewards had accepted that there had been a slight easing of the pace.
----Miss Chilcott said that she had been "chasing to catch up". Her horse had been "lugging in a little bit round the turn" which was why she was not trailing directly behind IDLE WISHES. She stated that, when she went to come out, ALLEGRO AGITATO had also gone to go but was then angled back in. It was at that point that GOLD broke. As the last horse of the three she had "copped the worst of it" when Mr Orange also eased. She said that she had taken hold of her horse's head but it is a "long-strider". Her horse had broken as a result of the easing of the pace in front and it had "copped the backwash" and struck the wheel of IDLE WISHES.
----Following a deliberation, the Committee delivered the following oral decision:
--"The Committee has considered the evidence of the Stipendiary Stewards and the statement made by Miss Chilcott and we have carefully viewed the video replays.
--Miss Chilcott has not disputed that GOLD struck the sulky wheel of Mr Orange's horse and broke, but she attributed this to an easing of the pace at that point in the race. She also stated that her horse had been lugging in which accounted for its being on the wheel of Mr Orange's horse rather than trailing it in the correct position.
--We have to consider whether Miss Chilcott exhibited the skills of a reasonable and prudent driver.
--We are of the view that a reasonable and prudent driver would have been able to avoid his or her horse contacting the wheel of Mr Orange's horse. We find this to be so notwithstanding that there may have been a slight easing of the pace, as submitted by Miss Chilcott and conceded by the Stipendiary Stewards, and notwithstanding that Miss Chilcott's horse may have been lugging. We do not consider that either the slight easing of the pace or the behaviour of Miss Chilcott's horse materially contributed to the breaking of GOLD. We are satisfied that this was rather the result of the actions of Miss Chilcott which, we are satisfied, amount to careless driving. Therefore, we find the charge to be proved."
----In relation to penalty, Mr Escott submitted that Miss Chilcott was an experienced driver. She had a clear record over the last 12 months. Mr Escott submitted that the Committee should take into account the status of the race (a Group 1 race for a stake of $50,000) and the fact that GOLD lost all chance in the race after breaking. Mr Escott recommended a fine of $300.00.
----Miss Chilcott submitted that the status of the race should not be a factor in justifying a higher than usual fine. She indicated that she was in a position to pay a fine and preferred a fine to a suspension.
----Following a further deliberation, the Committee delivered the following oral decision in relation to penalty:
--"We have deliberated and considered the matter of penalty. We have taken into account what you both had to say. Mr Escott has rightly pointed out that this was a $50,000 race and, we note, that it was also a Group 1 race. As I said earlier, we are of the view that these are factors which we should take into account. We have also taken into account Miss Chilcott's previous good record and that fact that there were mitigating factors ? there may have been a slight easing of the pace and perhaps your horse was lugging. Considering all of those matters, we consider Mr Escott's recommendation in relation to penalty to be a fair one and we are happy to accept his recommendation and Miss Chilcott is fined the sum of $300.00 accordingly.
----RG McKenzie
--CHAIRMAN
sumissionsforpenalty:
reasonsforpenalty:
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hearing_type: Old Hearing
Rules:
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 3493750be25e3fd95f5740bb2558b649
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race_title: Race 7
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meetdate: 31/03/2006
meet_title: NZ Metro TC - 31 March 2006
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