NZ Metro TC 9 August 2013 – R 10
ID: JCA14886
Meet Title:
NZ Metro TC - 9 August 2013
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2013/08/09
Race Number:
R10
Decision:
Mr McDowell having admitted the charge, the charge was found proved.
Penalty:
Mr McDowell was fined the sum of $250.
Charge:
Careless Driving
Facts:
Following the running of Race 10, DressSmart Hornby Mobile Pace, an information was filed by Stipendiary Steward, Mr M Zarb, against Licensed Graduation Driver, Mr C McDowell, alleging a breach of Rule 869 (3) (b) in that Mr McDowell, as the driver of LOCKEY in the race, “drove carelessly racing into the first bend when shifting ground inwards when not clear of BOUNTY EYRE (A M Butt) which resulted in FLYIN RYAN (D J Dunn) being checked”.
Mr McDowell 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.
Submissions for Decision:
Mr Zarb informed the Committee that the incident occurred as the field approached the 1700 metres, approximately 300 metres after the start of the mobile 2000 metres event. Mr Zarb referred to the head-on video replay and pointed out the three runners concerned. On the outside of the three runners was LOCKEY, driven by Mr McDowell, on his inside and slightly behind LOCKEY was BOUNTY EYRE, driven by A M Butt, and on the inside of and just behind that runner, against the pylons, was FLYIN RYAN, driven by D J Dunn.
Mr Zarb pointed out that Mr McDowell then shifted inwards carrying Mr Butt onto Mr Dunn, who had to check his horse. Mr Zarb also showed a side-on video replay. He submitted that it showed that Mr McDowell had crossed the path of Mr Butt when “well and truly not clear”. That Mr Butt had to steady and that Mr Dunn’s horse was checked was apparent from the video replays, Mr Zarb submitted.
Mr McDowell said that he had had trouble with LOCKEY in the past with lugging in. The horse wears a boring pole on his near side. He has driven the horse back in the field in his last two starts and he has been “really good”, Mr McDowell said, but in this race under the pressure of going forward he did lug in. However, he frankly admitted that he should have taken more care.
Submissions for Penalty:
Mr Zarb informed the Committee that Mr McDowell had 80 drives in the 2012/2013 decision just concluded and, in the current season, has had 5 drives to date. He has no breach of the Rule on his record in that period.
He submitted that a monetary penalty by way of a fine of between $250 and $300 was appropriate or, if the Committee thought that a suspension was warranted, a suspension of 3 days.
Mr McDowell had admitted the breach at an early opportunity, Mr Zarb said.
Mr McDowell, when asked by the Committee, indicated that his preference was for a fine over a suspension.
Reasons for Penalty:
In considering penalty, the Committee had regard, as mitigating factors, to Mr McDowell’s very frank admission of the breach and his previous good record.
The Penalty Guide starting point for a breach of the Rule is 8 drives or a fine of $400. A suspension was not called for in this case, in the Committee’s view. Mr McDowell was entitled to a discount for the mitigating factors referred to. In addition, the Committee saw the degree of carelessness as being low, although it was fortunate that the consequences were not more serious. The Committee noted that FLYIN RYAN was the eventual winner of the race.
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: 88491fc6ecffbacc00bda529f8c8ba14
informantnumber: A1618
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 09/08/2013
hearing_title: NZ Metro TC 9 August 2013 - R 10
charge:
Careless Driving
facts:
Following the running of Race 10, DressSmart Hornby Mobile Pace, an information was filed by Stipendiary Steward, Mr M Zarb, against Licensed Graduation Driver, Mr C McDowell, alleging a breach of Rule 869 (3) (b) in that Mr McDowell, as the driver of LOCKEY in the race, “drove carelessly racing into the first bend when shifting ground inwards when not clear of BOUNTY EYRE (A M Butt) which resulted in FLYIN RYAN (D J Dunn) being checked”.
Mr McDowell 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.
appealdecision:
isappeal:
submissionsfordecision:
Mr Zarb informed the Committee that the incident occurred as the field approached the 1700 metres, approximately 300 metres after the start of the mobile 2000 metres event. Mr Zarb referred to the head-on video replay and pointed out the three runners concerned. On the outside of the three runners was LOCKEY, driven by Mr McDowell, on his inside and slightly behind LOCKEY was BOUNTY EYRE, driven by A M Butt, and on the inside of and just behind that runner, against the pylons, was FLYIN RYAN, driven by D J Dunn.
Mr Zarb pointed out that Mr McDowell then shifted inwards carrying Mr Butt onto Mr Dunn, who had to check his horse. Mr Zarb also showed a side-on video replay. He submitted that it showed that Mr McDowell had crossed the path of Mr Butt when “well and truly not clear”. That Mr Butt had to steady and that Mr Dunn’s horse was checked was apparent from the video replays, Mr Zarb submitted.
Mr McDowell said that he had had trouble with LOCKEY in the past with lugging in. The horse wears a boring pole on his near side. He has driven the horse back in the field in his last two starts and he has been “really good”, Mr McDowell said, but in this race under the pressure of going forward he did lug in. However, he frankly admitted that he should have taken more care.
reasonsfordecision:
Decision:
Mr McDowell having admitted the charge, the charge was found proved.
sumissionsforpenalty:
Mr Zarb informed the Committee that Mr McDowell had 80 drives in the 2012/2013 decision just concluded and, in the current season, has had 5 drives to date. He has no breach of the Rule on his record in that period.
He submitted that a monetary penalty by way of a fine of between $250 and $300 was appropriate or, if the Committee thought that a suspension was warranted, a suspension of 3 days.
Mr McDowell had admitted the breach at an early opportunity, Mr Zarb said.
Mr McDowell, when asked by the Committee, indicated that his preference was for a fine over a suspension.
reasonsforpenalty:
In considering penalty, the Committee had regard, as mitigating factors, to Mr McDowell’s very frank admission of the breach and his previous good record.
The Penalty Guide starting point for a breach of the Rule is 8 drives or a fine of $400. A suspension was not called for in this case, in the Committee’s view. Mr McDowell was entitled to a discount for the mitigating factors referred to. In addition, the Committee saw the degree of carelessness as being low, although it was fortunate that the consequences were not more serious. The Committee noted that FLYIN RYAN was the eventual winner of the race.
penalty:
Mr McDowell was fined the sum of $250.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: M Zarb, Stipendiary Steward
JockeysandTrainer: C McDowell, Licensed Graduation Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: c608f605068351e2d184a92dc1a4f220
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R10
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 21c51378418b8d3247cd50b1a21827ba
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 09/08/2013
meet_title: NZ Metro TC - 9 August 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: SChing
meet_pm2: none
name: NZ Metro TC