NZ Metro TC 31 March 2018 – R 1 (heard 2 April 2018 at Motukarara) – Chair, Mr S Ching

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startdate: 31/03/2018

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hearing_title: NZ Metro TC 31 March 2018 - R 1 (heard 2 April 2018 at Motukarara) - Chair, Mr S Ching

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RACEDAY JUDICIAL COMMITTEE DECISION

Informant: N Ydgren - Chief Stipendiary Steward

Respondent: S McNally - Open Horseman

Meeting: NZ Metro Trotting Club

Date: 31 March 2018 (heard 2 April 2018 at Motukarara)

Race: 1

Rules: 869 (3) (b)

Judicial Committee: S Ching, Chairman - G Clapp, Committee Member

Charge: Careless driving

Information Number: A10224

Plea: Admitted

Evidence:

Following the running of Race 1, the Yaldy Punters Challenge @ Addington 6th April Trot, an information was filed by Chief Stipendiary Steward Mr N Ydgren against Open Horseman Mr S McNally, alleging a breach of Rule 869(3) (b) in that he drove carelessly near the 600m mark when shifting outwards when not clear of ELVIS P, causing that runner to break.

Mr McNally had endorsed on the Information that this breach of the Rules was admitted. Mr McNally had also informed the Stewards that he did not wish to be present at the hearing which was confirmed by Mr Ydgren.

Rule 869(3)(b) reads as follows:

“(3) No horseman in any race shall drive:-

(b) carelessly:-

This information was lodged with the JCA Committee on Saturday 31 March and heard at the Banks Peninsula meeting on Monday 2 April 2018.

Submissions For Decision:

Mr Ydgren gave evidence and used video coverage to show that approaching the 600m Mr McNally, driving THE GREAT REDEEMER, was racing 3 back on the pylons with ELVIS P, driven by Ms M Perriton, on his outer. He said that Ms Perriton was weakening at this point, with Mr McNally able to ease Ms Perriton to a 3-wide position by virtue of having an advantage over her with Ms Perriton having the advantage over the horse on her outer. Mr Ydgren stated that Mr McNally then attempted to ease out Ms Perriton again to take up the position in front of Ms Perriton, but in doing so made contact with the left front leg of ELVIS P who then broke losing its chances.

Reasons For Decision:

As Mr McNally had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).

Decision:

The charge was found to be proved.

Submissions on Penalty:

Mr Ydgren stated that the level of carelessness was probably no worse than mid-range however Mr McNally’s actions have taken a horse out of the race with the consequential effects at least mid-range. He stated that for that reason the Stewards are proposing a suspension of Mr McNally’s licence for this breach. Mr Ydgren stated that Mr McNally has a clear record and is a reasonably busy driver, driving recently in the Southland district. He said that Mr McNally usually drives on average 2 to 3 times per meeting and submitted that a 3-day suspension be considered as penalty in this case.

Mr McNally, through the Stewards, requested a deferment of penalty until after racing on 6 April being the meeting at Addington.

Reasons for Penalty:

The JCA Penalty Guide provides a starting point of a 10-drive suspension or a $500 for a mid-range breach of this rule. The Committee agreed with Mr Ydgren that a suspension was an appropriate penalty and adopted the starting point of a 10-drive suspension. There were no aggravating factors to consider, therefore no uplift in penalty was warranted. We were, however, able to afford Mr McNally a discount for his admission of the breach and his clear record. This discount we set at 2 drives. Mr McNally has 2 to 3 drives on average per meeting. This Committee has determined that an 8-drive suspension would equate to a 3-day suspension.

We therefore determined that a 3-day suspension was an appropriate penalty in this case.

Penalty:

Mr McNally’s application for a deferment until after racing on 6 April is granted. Accordingly, Mr McNally’s Horseman’s License is suspended from the conclusion of racing 6 April up to and including 15 April 2018. This suspension encompasses the meetings at Rangiora on 8 April, Addington 13 April and Methven 15 April 2018.

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hearing_type: Old Hearing

Rules: 869(3)(b)

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