Archive Decision

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NZ Metro TC 4 October 2013 – R 1

ID: JCA11378

Applicant:
N G McIntyre, Co-Chief Stipendiary Steward

Respondent(s):
T A Healy, Licensed Open Driver

Information Number:
A1659

Hearing Type:
Hearing

Rules:
869(3)(b)

Plea:
admitted

Meet Title:
NZ Metro TC - 4 October 2013

Meet Chair:
RMcKenzie

Meet Committee Member 1:
KHales

Race Date:
2013/10/04

Race Number:
R1

Decision:

Miss Healy having admitted the breach, the charge was found proved.  

Penalty:

Miss Healy, Open Driver’s licence was suspended up to and including Monday, 28 October 2013 (6 Canterbury driving days).  

Charge:

Careless driving. 

Facts:

Following the running of Race 1, Air New Zealand Mobile Pace, an information was filed by Co-Chief Stipendiary Steward, Mr N G McIntyre, against Licensed Open Driver, Miss T A Healy, alleging that Miss Healy, as the driver of DANA DYNASTY in the race, “at approximately the 150 metres drove carelessly when allowing her horse to shift outwards which caused interference to both BETABCOOL (T S Chmiel) and ROCKAHULA ARDEN (G R Payne)”.

Miss Healy was present at the hearing of the information and she indicated that she admitted the breach.

Rule 869 provides as follows:

(3) No horseman shall in any race drive:-
     (b) carelessly.

Submissions for Decision:

Mr McIntyre showed video replays of the final 300 metres of the race. He pointed out DANA DYNASTY, driven by Miss Healy, racing 4-back in the middle line, one off the fence, following LIMITATION (B J Borcoskie). Directly outside Miss Healy was ROCKAHULA ARDEN, driven by Mr Payne, and outside Mr Payne was BETABCOOL, driven by Mr Chmiel, as the field entered the home straight. Shortly thereafter, Miss Healy attempted to come across the back of LIMITATION and, as a result, put Mr Payne in an “awkward position” onto Mr Chmiel, who was progressing down the outside. ROCKAHULA ARDEN and BETABCOOL locked stays briefly. At no stage was Miss Healy in a position to come out, Mr McIntyre submitted. The right hand wheel of Miss Healy’s sulky was under the stomach of ROCKAHULA ARDEN, Mr McIntyre said. Mr Chmiel had tried to relieve the pressure as much as he could, he said.

Miss Healy said that the mare had hung badly. She had come out further than she had wanted her to when she attempted to angle her out. The mare had hung for the entire race, she said. 

Submissions for Penalty:

Mr McIntyre submitted that the carelessness was in “mid-range.” This drive was Miss Healy’s first for the current season and, in the 2012/2013 season, she had 13 drives. The Stewards were looking for a fine in the vicinity of $250 or a suspension for 6 drives.

Miss Healy said that she would prefer a suspension to a fine. She said that she would be driving DANA DYNASTY and, possibly, GARIBALDI, trained by her, in upcoming weeks. 

Reasons for Penalty:

The Committee took, as a starting point for determining penalty, a fine of $400 or 8 drives as recommended by the Penalty Guide. Miss Healy was entitled to a discount for her admission of the breach and her previous good record. The latter was tempered by the fact that she has had few drives in the past 12 months. The Committee saw the degree of carelessness as being mid-range, as submitted by Mr McIntyre.

The Committee also had regard to Miss Healy’s submission for a suspension over a fine on the basis that a fine would put a financial burden on her.

The Committee calculated that Miss Healy would have, perhaps, 1 drive per meeting over the period of the next 3-4 weeks. The Committee’s intention was to impose a suspension for 6 drives. 

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: 194da89da9d79b5d5b625ead84d7d632


informantnumber: A1659


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 09/10/2013


hearing_title: NZ Metro TC 4 October 2013 - R 1


charge:

Careless driving. 


facts:

Following the running of Race 1, Air New Zealand Mobile Pace, an information was filed by Co-Chief Stipendiary Steward, Mr N G McIntyre, against Licensed Open Driver, Miss T A Healy, alleging that Miss Healy, as the driver of DANA DYNASTY in the race, “at approximately the 150 metres drove carelessly when allowing her horse to shift outwards which caused interference to both BETABCOOL (T S Chmiel) and ROCKAHULA ARDEN (G R Payne)”.

Miss Healy was present at the hearing of the information and she indicated that she admitted the breach.

Rule 869 provides as follows:

(3) No horseman shall in any race drive:-
     (b) carelessly.


appealdecision:


isappeal:


submissionsfordecision:

Mr McIntyre showed video replays of the final 300 metres of the race. He pointed out DANA DYNASTY, driven by Miss Healy, racing 4-back in the middle line, one off the fence, following LIMITATION (B J Borcoskie). Directly outside Miss Healy was ROCKAHULA ARDEN, driven by Mr Payne, and outside Mr Payne was BETABCOOL, driven by Mr Chmiel, as the field entered the home straight. Shortly thereafter, Miss Healy attempted to come across the back of LIMITATION and, as a result, put Mr Payne in an “awkward position” onto Mr Chmiel, who was progressing down the outside. ROCKAHULA ARDEN and BETABCOOL locked stays briefly. At no stage was Miss Healy in a position to come out, Mr McIntyre submitted. The right hand wheel of Miss Healy’s sulky was under the stomach of ROCKAHULA ARDEN, Mr McIntyre said. Mr Chmiel had tried to relieve the pressure as much as he could, he said.

Miss Healy said that the mare had hung badly. She had come out further than she had wanted her to when she attempted to angle her out. The mare had hung for the entire race, she said. 


reasonsfordecision:


Decision:

Miss Healy having admitted the breach, the charge was found proved.  


sumissionsforpenalty:

Mr McIntyre submitted that the carelessness was in “mid-range.” This drive was Miss Healy’s first for the current season and, in the 2012/2013 season, she had 13 drives. The Stewards were looking for a fine in the vicinity of $250 or a suspension for 6 drives.

Miss Healy said that she would prefer a suspension to a fine. She said that she would be driving DANA DYNASTY and, possibly, GARIBALDI, trained by her, in upcoming weeks. 


reasonsforpenalty:

The Committee took, as a starting point for determining penalty, a fine of $400 or 8 drives as recommended by the Penalty Guide. Miss Healy was entitled to a discount for her admission of the breach and her previous good record. The latter was tempered by the fact that she has had few drives in the past 12 months. The Committee saw the degree of carelessness as being mid-range, as submitted by Mr McIntyre.

The Committee also had regard to Miss Healy’s submission for a suspension over a fine on the basis that a fine would put a financial burden on her.

The Committee calculated that Miss Healy would have, perhaps, 1 drive per meeting over the period of the next 3-4 weeks. The Committee’s intention was to impose a suspension for 6 drives. 


penalty:

Miss Healy, Open Driver’s licence was suspended up to and including Monday, 28 October 2013 (6 Canterbury driving days).  


hearing_type: Hearing


Rules: 869(3)(b)


Informant: N G McIntyre, Co-Chief Stipendiary Steward


JockeysandTrainer: T A Healy, Licensed Open Driver


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 7d28f52f2739fda17a3a4e8f50c832cd


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R1


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 2194096e5897ea1b105fb91d41237d63


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 04/10/2013


meet_title: NZ Metro TC - 4 October 2013


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: nz-metro-tc


meet_racingtype: harness-racing


meet_chair: RMcKenzie


meet_pm1: KHales


meet_pm2: none


name: NZ Metro TC