NZ Metro TC 6 April 2018 – R 7 – Chair, Mr R McKenzie
ID: JCA14860
Meet Title:
NZ Metro TC - 6 April 2018
Meet Chair:
RMcKenzie
Meet Committee Member 1:
DAnderson
Race Date:
2018/04/06
Race Number:
R7
Decision:
Mr Smith having admitted the breach, the charge was found proved.
Penalty:
Mr Smith’s Open Horseman’s licence is suspended from after the close of racing on 8th April 2018 up to and including 19th April 2018 - 4 days. The meetings intended to be encompassed by that period of suspension are Addington on 13th April, Winton on 14th April, Methven on 15th April and Forbury Park on 19th April. In calculating those driving days, the Committee accepts that Mr Smith has recently driven in Otago and Southland.
Facts:
Following the running of Race 7, Fred Shaw Memorial NZ Trotting Championship (Group 1), an information was filed by Chief Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Mr G D Smith, alleging a breach of Rule 869 (3) (b) in that Mr Smith, as the diver of DOCTOR BONES in the race “drove carelessly when shifting inwards checking ALDERBECK (B M Williamson) near the 700 metres which broke”.
Mr Smith was present at the hearing of the information and he indicated that he admitted the breach.
Rule 869 provides as follows:
(3) No horseman in any race shall drive:-
(b) carelessly.
Mr Ydgren showed video replays of the incident with approximately 700 metres to race. He pointed out DOCTOR BONES, driven by Mr Smith, racing 3-wide without cover passing the 800 metres. Mr Smith was then taken to a 4-wide position when TEMPORALE (A G Herlihy) came out. Mr Smith made a brief attempt to shift inwards to ease ALDERBECK (B M Williamson) down and take up the position behind TEMPORALE, Mr Ydgren said. In doing so he locked wheels with Mr Williamson. ALDERBECK was improving, its momentum was halted “quite abruptly” and it broke as a result, Mr Ydgren said. That runner had been clearly established in the 3-wide line at that point. Mr Smith had driven carelessly when he shifted in and locked Mr Williamson’s wheel. He had attempted to complete that manoeuvre when he was not entitled to do so, Mr Ydgren submitted.
Mr Smith said that he did not dispute that it was his fault that he had locked wheels but the breach was “minimal”, he submitted. He believed that he “had the wood on” Mr Williamson to ease him down and was entitled to do so. It was his intention to ease down once he was clear of TEMPORALE but he accepted that Mr Williamson was closing the gap quickly. He had gone to angle down for “a split second” before angling back out again but it was too late by then.
Submissions for Penalty:
Mr Ydgren began by referring to the Penalty Guide which suggested, for a breach in a major race, a 3-days’ suspension. This was a $100,000 Group 1 race.
Mr Smith has had 311 drives this season, he had 318 last season and 421 in the 2015/2016 season. He is a very busy driver in the Canterbury region. His record for careless driving was clear and Mr Ydgren described it as “excellent”. Stewards were submitting that the starting should be uplifted to 4 or 5 days for the fact that another runner had been put out of a Group 1 race.
Mr Ydgren submitted that, having regard to Mr Smith’s admission of the breach and his excellent record for which matters Mr Smith was entitled to receive credit, a 3 or 4 days’ suspension would be appropriate. Mr Smith drives 4 or 5 times at each meeting. Mr Smith stated that it would be more like 5 to 6.
A discussion then took place as to the upcoming meetings at which Mr Smith would be likely to be driving. Mr Smith has driven in Southland in November last year and again as recently as 31 December, Mr Ydgren said. While he is not a regular driver in that area, he does occasionally drive down there. Mr Smith did drive at Forbury Park in March, Mr Ydgren said (the Committee noted that he had four drives there on 29 March).
Reasons for Penalty:
The starting point for considering penalty in this case is that suggested in the Penalty Guide – for careless driving in a “major race” a 3-days’ suspension (“major race” is defined as “a race with stakes of $40,000 or more”).
The Committee was of the view that an uplift was required to that starting point in this case for a couple of reasons - firstly, the status of the race (Group 1) and the stake payable ($100,000) and, secondly, the above mid-range consequences in that the chances of ALDERBECK were extinguished in the incident. The Committee, therefore, decided that an uplift to the Penalty Guide starting point of 2 days to 5 days was appropriate.
Mitigating factors to be taken into account are Mr Smith’s very good record which Mr Ydgren described as “excellent” and his frank admission of the breach. For those factors, the Committee allows Mr Smith a discount of one day from the 5 days arrived at.
Mr Smith declined the opportunity to take a deferment of any suspension.
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: 851d3a8f48383fbb6b3d4335cf7db9e1
informantnumber: A10228
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: admitted
penaltyrequired: 1
decisiondate: 09/04/2018
hearing_title: NZ Metro TC 6 April 2018 - R 7 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 7, Fred Shaw Memorial NZ Trotting Championship (Group 1), an information was filed by Chief Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Mr G D Smith, alleging a breach of Rule 869 (3) (b) in that Mr Smith, as the diver of DOCTOR BONES in the race “drove carelessly when shifting inwards checking ALDERBECK (B M Williamson) near the 700 metres which broke”.
Mr Smith was present at the hearing of the information and he indicated that he admitted the breach.
Rule 869 provides as follows:
(3) No horseman in any race shall drive:-
(b) carelessly.
Mr Ydgren showed video replays of the incident with approximately 700 metres to race. He pointed out DOCTOR BONES, driven by Mr Smith, racing 3-wide without cover passing the 800 metres. Mr Smith was then taken to a 4-wide position when TEMPORALE (A G Herlihy) came out. Mr Smith made a brief attempt to shift inwards to ease ALDERBECK (B M Williamson) down and take up the position behind TEMPORALE, Mr Ydgren said. In doing so he locked wheels with Mr Williamson. ALDERBECK was improving, its momentum was halted “quite abruptly” and it broke as a result, Mr Ydgren said. That runner had been clearly established in the 3-wide line at that point. Mr Smith had driven carelessly when he shifted in and locked Mr Williamson’s wheel. He had attempted to complete that manoeuvre when he was not entitled to do so, Mr Ydgren submitted.
Mr Smith said that he did not dispute that it was his fault that he had locked wheels but the breach was “minimal”, he submitted. He believed that he “had the wood on” Mr Williamson to ease him down and was entitled to do so. It was his intention to ease down once he was clear of TEMPORALE but he accepted that Mr Williamson was closing the gap quickly. He had gone to angle down for “a split second” before angling back out again but it was too late by then.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Smith having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Ydgren began by referring to the Penalty Guide which suggested, for a breach in a major race, a 3-days’ suspension. This was a $100,000 Group 1 race.
Mr Smith has had 311 drives this season, he had 318 last season and 421 in the 2015/2016 season. He is a very busy driver in the Canterbury region. His record for careless driving was clear and Mr Ydgren described it as “excellent”. Stewards were submitting that the starting should be uplifted to 4 or 5 days for the fact that another runner had been put out of a Group 1 race.
Mr Ydgren submitted that, having regard to Mr Smith’s admission of the breach and his excellent record for which matters Mr Smith was entitled to receive credit, a 3 or 4 days’ suspension would be appropriate. Mr Smith drives 4 or 5 times at each meeting. Mr Smith stated that it would be more like 5 to 6.
A discussion then took place as to the upcoming meetings at which Mr Smith would be likely to be driving. Mr Smith has driven in Southland in November last year and again as recently as 31 December, Mr Ydgren said. While he is not a regular driver in that area, he does occasionally drive down there. Mr Smith did drive at Forbury Park in March, Mr Ydgren said (the Committee noted that he had four drives there on 29 March).
reasonsforpenalty:
The starting point for considering penalty in this case is that suggested in the Penalty Guide – for careless driving in a “major race” a 3-days’ suspension (“major race” is defined as “a race with stakes of $40,000 or more”).
The Committee was of the view that an uplift was required to that starting point in this case for a couple of reasons - firstly, the status of the race (Group 1) and the stake payable ($100,000) and, secondly, the above mid-range consequences in that the chances of ALDERBECK were extinguished in the incident. The Committee, therefore, decided that an uplift to the Penalty Guide starting point of 2 days to 5 days was appropriate.
Mitigating factors to be taken into account are Mr Smith’s very good record which Mr Ydgren described as “excellent” and his frank admission of the breach. For those factors, the Committee allows Mr Smith a discount of one day from the 5 days arrived at.
Mr Smith declined the opportunity to take a deferment of any suspension.
penalty:
Mr Smith’s Open Horseman’s licence is suspended from after the close of racing on 8th April 2018 up to and including 19th April 2018 - 4 days. The meetings intended to be encompassed by that period of suspension are Addington on 13th April, Winton on 14th April, Methven on 15th April and Forbury Park on 19th April. In calculating those driving days, the Committee accepts that Mr Smith has recently driven in Otago and Southland.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: N M Ydgren, Chief Stipendiary Steward
JockeysandTrainer: G D Smith, Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: cfbec02d186ad2b240ccc848bcc52222
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 3ff53ed1713dce13eb6bac9e4637b407
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 06/04/2018
meet_title: NZ Metro TC - 6 April 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: DAnderson
meet_pm2: none
name: NZ Metro TC