NZ Metro TC – 8 November 2005 – Race 9
ID: JCA20035
Hearing Type (Code):
harness-racing
Meet Title:
NZ Metro TC - 8 November 2005
Race Date:
2005/11/08
Race Number:
Race 9
Decision: --
Following the running of Race 9, Christchurch Casino New Zealand Trotting Cup, an information was filed by Chief Stipendiary Steward, Mr N R Escott, against Licensed Open Horseman, Mr W E Higgs, alleging that Mr Higgs, as the driver of WHITE ARROW in the race, "drove carelessly and drove in a manner affecting the chances of PRESIDO
--
DECISION AND REASONS:
--Following the running of Race 9, Christchurch Casino New Zealand Trotting Cup, an information was filed by Chief Stipendiary Steward, Mr N R Escott, against Licensed Open Horseman, Mr W E Higgs, alleging that Mr Higgs, as the driver of WHITE ARROW in the race, "drove carelessly and drove in a manner affecting the chances of PRESIDO when striking and puncturing the sulky wheel of this horse with 2200 metres to run".
--Mr Higgs did not admit the breach.
--The Committee heard evidence from the Stipendiary Stewards, Mr C J de Filippi and Mr Higgs and viewed video replays of the incident.
--Following a deliberation, the Committee delivered the following oral decision:
--"We have listened to the evidence and submissions of both parties and we have carefully viewed the video replays. In particular, we found the evidence of Mr de Filippi most helpful. Mr de Filippi is a senior and very experienced horseman. Mr de Filippi did concede that there had been a slight easing of the pace at the relevant stage of the race but the telling statement by him was that there was plenty of room for Mr Higgs to miss him. The evidence of Mr de Filippi supported the other evidence given by the Stipendiary Stewards and the observations of this Committee from viewing the video replays.
--The Committee is satisfied that Mr de Filippi had safely moved into the two-out line to follow MAINLAND BANNER when his sulky wheel was struck from behind by the foreleg of WHITE ARROW, Mr Higgs having attempted to improve WHITE ARROW into the gap already taken up by Mr de Filippi in the two-out line. We are satisfied that, in doing so, Mr Higgs drove carelessly in that he failed to meet the standard of a reasonable prudent driver.
--We therefore find the charge of careless driving under Rule 839 (3) (b) to be proved."
--In relation to penalty, Mr Escott informed the Committee that Mr Higgs' had a clear record over the previous 12 months as far as careless driving or causing interference was concerned. He asked the Committee to take into account that the race was the top harness race in New Zealand for a stake of $400,000. He also submitted that the Committee should take into account the consequential effects on PRESIDO. He further submitted that the carelessness in this instance was at the higher end of the scale. Mr Escott recommended a suspension for a period of 1 month and a fine of $1,500.
--Mr Higgs declined the opportunity to make any submissions in relation to penalty.
--Following a deliberation, the Committee delivered the following oral decision in relation to penalty:
--"Mr Escott has recommended a suspension of 1 month and a fine of $1,500. He has pointed out, firstly, the status and stake of the race, secondly, the consequential effects on the horse PRESIDO, which was effectively eliminated from the race (the right side sulky tyre came off the rim) and, thirdly, he has submitted that the carelessness, on this occasion, was at the higher end of the scale.
--Mr Higgs has declined the opportunity to make submissions to us in relation to penalty.
--Taking into account the matters put forward by Mr Escott, the Committee has decided that the penalty recommended by him is appropriate in the circumstances. Therefore, Mr Higgs' horseman's licence will be suspended from today up to and including the 4th of December 2005 and, in addition, he will be fined the sum of $1,500."
--CHAIRMAN
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--
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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: 65361254f870c633b7c4645484d4c6af
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 08/11/2005
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: NZ Metro TC - 8 November 2005 - Race 9
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--Following the running of Race 9, Christchurch Casino New Zealand Trotting Cup, an information was filed by Chief Stipendiary Steward, Mr N R Escott, against Licensed Open Horseman, Mr W E Higgs, alleging that Mr Higgs, as the driver of WHITE ARROW in the race, "drove carelessly and drove in a manner affecting the chances of PRESIDO
--
DECISION AND REASONS:
--Following the running of Race 9, Christchurch Casino New Zealand Trotting Cup, an information was filed by Chief Stipendiary Steward, Mr N R Escott, against Licensed Open Horseman, Mr W E Higgs, alleging that Mr Higgs, as the driver of WHITE ARROW in the race, "drove carelessly and drove in a manner affecting the chances of PRESIDO when striking and puncturing the sulky wheel of this horse with 2200 metres to run".
--Mr Higgs did not admit the breach.
--The Committee heard evidence from the Stipendiary Stewards, Mr C J de Filippi and Mr Higgs and viewed video replays of the incident.
--Following a deliberation, the Committee delivered the following oral decision:
--"We have listened to the evidence and submissions of both parties and we have carefully viewed the video replays. In particular, we found the evidence of Mr de Filippi most helpful. Mr de Filippi is a senior and very experienced horseman. Mr de Filippi did concede that there had been a slight easing of the pace at the relevant stage of the race but the telling statement by him was that there was plenty of room for Mr Higgs to miss him. The evidence of Mr de Filippi supported the other evidence given by the Stipendiary Stewards and the observations of this Committee from viewing the video replays.
--The Committee is satisfied that Mr de Filippi had safely moved into the two-out line to follow MAINLAND BANNER when his sulky wheel was struck from behind by the foreleg of WHITE ARROW, Mr Higgs having attempted to improve WHITE ARROW into the gap already taken up by Mr de Filippi in the two-out line. We are satisfied that, in doing so, Mr Higgs drove carelessly in that he failed to meet the standard of a reasonable prudent driver.
--We therefore find the charge of careless driving under Rule 839 (3) (b) to be proved."
--In relation to penalty, Mr Escott informed the Committee that Mr Higgs' had a clear record over the previous 12 months as far as careless driving or causing interference was concerned. He asked the Committee to take into account that the race was the top harness race in New Zealand for a stake of $400,000. He also submitted that the Committee should take into account the consequential effects on PRESIDO. He further submitted that the carelessness in this instance was at the higher end of the scale. Mr Escott recommended a suspension for a period of 1 month and a fine of $1,500.
--Mr Higgs declined the opportunity to make any submissions in relation to penalty.
--Following a deliberation, the Committee delivered the following oral decision in relation to penalty:
--"Mr Escott has recommended a suspension of 1 month and a fine of $1,500. He has pointed out, firstly, the status and stake of the race, secondly, the consequential effects on the horse PRESIDO, which was effectively eliminated from the race (the right side sulky tyre came off the rim) and, thirdly, he has submitted that the carelessness, on this occasion, was at the higher end of the scale.
--Mr Higgs has declined the opportunity to make submissions to us in relation to penalty.
--Taking into account the matters put forward by Mr Escott, the Committee has decided that the penalty recommended by him is appropriate in the circumstances. Therefore, Mr Higgs' horseman's licence will be suspended from today up to and including the 4th of December 2005 and, in addition, he will be fined the sum of $1,500."
--CHAIRMAN
------
--
--
--
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 839.3.b
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 28278755d436f65283519914f8279cb5
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 9
submittochair:
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race_km:
race_otherexp:
race_chair:
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race_pm2:
meetid: e988f37a4bf0066fd58d1115ccf4bf69
meet_expapproval:
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waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 08/11/2005
meet_title: NZ Metro TC - 8 November 2005
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: NZ Metro TC