NZ Metro TC 8 April 2011 – R3
ID: JCA12056
Meet Title:
NZ Metro TC - 8 April 2011
Meet Chair:
RMcKenzie
Meet Committee Member 1:
JPhelan
Meet Committee Member 2:
BScott
Race Date:
2011/04/08
Race Number:
R3
Decision:
The charge was found proved.
Penalty:
Mr Neal’s Open Horseman’s licence was suspended up to and including Thursday, 21 April 2011 (5 driving days). In addition, Mr Neal was fined the sum of $300.
Charge:
Following the running of Race 3, Rendezvous Hotel Auckland Graduation Series (Final) Mobile Pace, an information was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Open Horseman, Mr A P Neal, alleging a breach of Rule 869 (3) (b) in that Mr Neal, as the driver of DELIGHT BRIGADE in the race, “rounding the first turn [he] allowed DELIGHT BRIGADE to shift down and check ELYSIUM (A G Herlihy) which broke resulting also in ANVILS DELIGHT (T W Mitchell) who was following checking and breaking”.
Mr Neal was present at the hearing of the information and he indicated that he did not admit the breach.
Rule 869 provides as follows:
(3) No horseman in any race shall drive:-
(3) No horseman in any race shall drive:-
(b) carelessly
Facts:
Mr McIntyre had Mr C George, Chief Stipendiary Steward, show video replays of the start of the 2200 metres mobile start event. He pointed out DELIGHT BRIGADE, driven by Mr Neal, which had drawn 5 at the barrier, with ELYSIUM (A G Herlihy) on his inner approaching the first turn. Behind ELYSIUM was ANVILS DELIGHT (T W Mitchell). Mr George said that the Stewards believed that Mr Neal had permitted his horse to shift down the track and make contact with ELYSIUM resulting in a check to that runner with ANVILS DELIGHT suffering the “repercussions” of that. The Committee observed that ELYSIUM broke and lost considerable ground. Mr George alleged that, just prior to the contact being made, Mr Neal had turned his horse’s head in and his horse had responded by shifting in and making contact with the inside runner. Mr Neal then directed his horse out abruptly to relieve the pressure.
Mr George also pointed out that ARTIFACE (D J Butcher) had been improving forward at the same time. Mr Neal was on his back and following him down the track and, in the Stewards view, this led to the interference.
Mr Neal disputed the evidence of Mr George that his horse’s head was turned in just prior to the interference. Mr Herlihy had driven through from the second row on a forward move into the gap. Mr Neal said that his horse did “dive in a bit” – it was wearing full blinds and was a bit green.
Mr George submitted that Mr Neal was never clear of Mr Herlihy on his inside.
Submissions for Decision:
See Facts above
Reasons for Decision:
The Committee had listened to the evidence of both parties and had carefully viewed the video replays. The Committee found that, racing into the first bend, DELIGHT BRIGADE, driven by Mr Neal, was racing 3-wide having drawn 5 at the 2200 metres mobile start with Mr Herlihy driving ELYSIUM on his inside in the one-out line. Mr Butcher on ARTIFACE had crossed to the position outside the leader. We find that, at that point, Mr Neal allowed DELIGHT BRIGADE to shift down in an attempt to get onto the back of Mr Butcher in the one-out line and in doing so made contact with ELYSIUM – there was insufficient room for Mr Neal to move down, in the Committee’s view. As a result, DELIGHT BRIGADE caused interference to ELYSIUM and also ANVILS DELIGHT, which had been following ELYSIUM, with ANVILS DELIGHT breaking and losing considerable ground.
The Committee was satisfied that, in allowing his horse to shift down when not clear, Mr Neal drove carelessly.
Submissions for Penalty:
Mr McIntyre informed the Committee that Mr Neal has had 57 drives to date in the current season. Mr Neal had a clear record. Mr McIntyre referred to the consequential effects of the breach. His horse was 2/2 in the betting and was relegated to 9th placing behind ANVILS DELIGHT, which was 3/3 in the betting. Mr McIntyre referred to the starting point given in the Penalty Guide – a fine of $400 and/or a suspension of 2 weeks. Because of the consequential effects referred to, Mr McIntyre submitted that the appropriate penalty was a fine of $500 and a 2 weeks’ suspension. Mr McIntyre read to the Committee and Mr Neal the meetings that Mr Neal would be likely to be driving at over the next 2 ½ weeks.
Mr Neal referred to the status of the race. The stake of $15,000 was only the normal stake for a Friday night race at the track. He asked the Committee to consider that a suspension without a fine would be a sufficient penalty for the breach.
Reasons for Penalty:
In determining penalty, the Committee gave Mr Neal credit for his good driving record. The Committee pointed out to the parties that the recommended starting point for a breach of the careless driving rule resulting in a relegation was, in fact, a fine of $600 and/or a suspension for 3 weeks. The aggravating factors in this instance were that the carelessness had resulted in the relegation of Mr Neal’s horse (2nd favourite) with ANVILS DELIGHT (3rd favourite) losing its chance. The Committee viewed Mr Neal’s offending as being at the higher end of a scale of seriousness.
JCA Decision Fields (raw)
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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: 32a816cdab0002f52d9fbe4d09e9c21f
informantnumber: 69032
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 1
decisiondate: 24/02/2011
hearing_title: NZ Metro TC 8 April 2011 - R3
charge:
Following the running of Race 3, Rendezvous Hotel Auckland Graduation Series (Final) Mobile Pace, an information was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Open Horseman, Mr A P Neal, alleging a breach of Rule 869 (3) (b) in that Mr Neal, as the driver of DELIGHT BRIGADE in the race, “rounding the first turn [he] allowed DELIGHT BRIGADE to shift down and check ELYSIUM (A G Herlihy) which broke resulting also in ANVILS DELIGHT (T W Mitchell) who was following checking and breaking”.
Mr Neal was present at the hearing of the information and he indicated that he did not admit the breach.
Rule 869 provides as follows:
(3) No horseman in any race shall drive:-
(3) No horseman in any race shall drive:-
(b) carelessly
facts:
Mr McIntyre had Mr C George, Chief Stipendiary Steward, show video replays of the start of the 2200 metres mobile start event. He pointed out DELIGHT BRIGADE, driven by Mr Neal, which had drawn 5 at the barrier, with ELYSIUM (A G Herlihy) on his inner approaching the first turn. Behind ELYSIUM was ANVILS DELIGHT (T W Mitchell). Mr George said that the Stewards believed that Mr Neal had permitted his horse to shift down the track and make contact with ELYSIUM resulting in a check to that runner with ANVILS DELIGHT suffering the “repercussions” of that. The Committee observed that ELYSIUM broke and lost considerable ground. Mr George alleged that, just prior to the contact being made, Mr Neal had turned his horse’s head in and his horse had responded by shifting in and making contact with the inside runner. Mr Neal then directed his horse out abruptly to relieve the pressure.
Mr George also pointed out that ARTIFACE (D J Butcher) had been improving forward at the same time. Mr Neal was on his back and following him down the track and, in the Stewards view, this led to the interference.
Mr Neal disputed the evidence of Mr George that his horse’s head was turned in just prior to the interference. Mr Herlihy had driven through from the second row on a forward move into the gap. Mr Neal said that his horse did “dive in a bit” – it was wearing full blinds and was a bit green.
Mr George submitted that Mr Neal was never clear of Mr Herlihy on his inside.
appealdecision:
isappeal:
submissionsfordecision:
See Facts above
reasonsfordecision:
The Committee had listened to the evidence of both parties and had carefully viewed the video replays. The Committee found that, racing into the first bend, DELIGHT BRIGADE, driven by Mr Neal, was racing 3-wide having drawn 5 at the 2200 metres mobile start with Mr Herlihy driving ELYSIUM on his inside in the one-out line. Mr Butcher on ARTIFACE had crossed to the position outside the leader. We find that, at that point, Mr Neal allowed DELIGHT BRIGADE to shift down in an attempt to get onto the back of Mr Butcher in the one-out line and in doing so made contact with ELYSIUM – there was insufficient room for Mr Neal to move down, in the Committee’s view. As a result, DELIGHT BRIGADE caused interference to ELYSIUM and also ANVILS DELIGHT, which had been following ELYSIUM, with ANVILS DELIGHT breaking and losing considerable ground.
The Committee was satisfied that, in allowing his horse to shift down when not clear, Mr Neal drove carelessly.
Decision:
The charge was found proved.
sumissionsforpenalty:
Mr McIntyre informed the Committee that Mr Neal has had 57 drives to date in the current season. Mr Neal had a clear record. Mr McIntyre referred to the consequential effects of the breach. His horse was 2/2 in the betting and was relegated to 9th placing behind ANVILS DELIGHT, which was 3/3 in the betting. Mr McIntyre referred to the starting point given in the Penalty Guide – a fine of $400 and/or a suspension of 2 weeks. Because of the consequential effects referred to, Mr McIntyre submitted that the appropriate penalty was a fine of $500 and a 2 weeks’ suspension. Mr McIntyre read to the Committee and Mr Neal the meetings that Mr Neal would be likely to be driving at over the next 2 ½ weeks.
Mr Neal referred to the status of the race. The stake of $15,000 was only the normal stake for a Friday night race at the track. He asked the Committee to consider that a suspension without a fine would be a sufficient penalty for the breach.
reasonsforpenalty:
In determining penalty, the Committee gave Mr Neal credit for his good driving record. The Committee pointed out to the parties that the recommended starting point for a breach of the careless driving rule resulting in a relegation was, in fact, a fine of $600 and/or a suspension for 3 weeks. The aggravating factors in this instance were that the carelessness had resulted in the relegation of Mr Neal’s horse (2nd favourite) with ANVILS DELIGHT (3rd favourite) losing its chance. The Committee viewed Mr Neal’s offending as being at the higher end of a scale of seriousness.
penalty:
Mr Neal’s Open Horseman’s licence was suspended up to and including Thursday, 21 April 2011 (5 driving days). In addition, Mr Neal was fined the sum of $300.
hearing_type: Hearing
Rules: Rule 869 (3) (b) Careless driving
Informant: N G McIntyre, Stipendiary Steward
JockeysandTrainer: A P Neal, Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: e487ad41bbe2fde3cf5fcddeccbe684e
race_expapproval:
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race_emailed1: 0
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race_title: R3
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meetdate: 08/04/2011
meet_title: NZ Metro TC - 8 April 2011
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meet_chair: RMcKenzie
meet_pm1: JPhelan
meet_pm2: BScott
name: NZ Metro TC