NZ Metro TC 9 December 2017 – R 2 – Chair. Mr S Ching
ID: JCA16518
Meet Title:
NZ Metro TC - 9 December 2017
Meet Chair:
SChing
Meet Committee Member 1:
HWeston
Race Date:
2017/12/09
Race Number:
R2
Decision:
As Miss Tomlinson had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
Miss Tomlinson was fined the sum of $200.
Facts:
Following the running of Race 2, the Resource Recycling Technologies NZ Ltd Mobile Pace, an information was filed by Chief Stipendiary Steward Mr N Ydgren against Junior Horsewoman Miss S Tomlinson, alleging a breach of Rule 507A(1) in that she failed to be on course 30 minutes prior to Race 2 resulting in a change of driver for HONOUR THE BET.
Miss Tomlinson had indicated on the Information that this breach of the Rules was admitted which she confirmed at the hearing. Miss Tomlinson also confirmed she understood the rule she was being charged with. As a Junior Driver, Miss Tomlinson was asked if she required assistance at the hearing, to which she replied she was comfortable on her own as there were no senior drivers available to assist.
Rule 507A(1) provides as follows;
507A (1) Every horseman engaged to drive a horse in a race shall report his or her attendance at the racecourse to the trainer or person left in charge of the horse at least 30 minutes before their first drive for the meeting.
Mr Ydgren gave evidence that Miss Tomlinson was driving at the Invercargill meeting on this day and had booked a flight to return to Christchurch which she believed was in time to make her drive on Mr K Chapmans horse, HONOUR THE BET, in Race 2. The flight that Miss Tomlinson had booked was scheduled to arrive at 5.45pm which was 30 minutes before the start of Race 2. He said that time was landing time and it would normally take another 10 minutes to disembark the aircraft and get to the car park. He stated that this booking had made Miss Tomlinson’s chances of arriving on course by the required time virtually nil. Mr Ydgren stated that Miss Tomlinson’s flight was delayed, and she had no chance of arriving on the course on time. He said that even if the flight was on time, Miss Tomlinson would not have arrived on course in time to take up the drive on HONOUR THE BET. This was the reason she was being charged.
As a consequence of Miss Tomlinson’s failure to arrive in time for Race 2 there was a driver change to Mr J Dunn which was not ideal as the betting was well and truly open by then. Miss Tomlinson had contacted the Stewards to say her flight was delayed before leaving Invercargill, however, as stated, the chances of her arriving on course on time were slim to none at best.
Miss Tomlinson stated that she had told Mr Chapman that her flight was at 4.30pm from Invercargill and it was up to him if he wanted her to drive the horse. She told him if the flight was delayed she probably would not make it on time. She said that she had used this flight recently on several occasions and it normally landed at Christchurch Airport at 5.30pm so thought she would be ok with 15 minutes to get to the track by 5.45pm as required. Mr Chapman told Miss Tomlinson that if the flight was delayed he would get another driver. She said that she had misjudged the times and did not realise she could get charged for not arriving on course by the required time.
Submissions for Penalty:
Mr Ydgren informed the Committee that this normally is dealt with by way of a Minor Infringement Notice with a fine of $100. He said that because of the offending and the consequential effects of that offending, the Stewards considered that the penalty should be graduated from that level in this case due to the adverse effect on the connections and the punters. He submitted that the penalty should be more inline with the Penalty Guide starting point for a driver who breaks an engagement which is a fine of $200 or a 4-drive suspension.
Mr Ydgren stated that Miss Tomlinson had admitted the breach at the first opportunity and had a clear penalty record in relation to this rule.
Miss Tomlinson submitted that she would prefer a fine to a suspension.
Reasons for Penalty:
The Committee determined that a $200 fine was an appropriate starting point for this case. The aggravating factors were the late change of driver for HONOUR THE BET, the adverse effect on the connections and punters as well as the fact that there was a slim or no chance of Miss Tomlinson arriving on course on time, even if the flight arrived on time. These aggravating factors warrant an uplift which we set at $50. We were however able to afford Miss Tomlinson a combined discount of $50 for her admission of the breach and her good record, therefore determining that a fine of $200 was an appropriate penalty.
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: be8d47bbe0bbaaa5d53fd8728233fc00
informantnumber: A8981
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Failed to arrive on course on time by the prescribed time for drive in Race 2.
plea: admitted
penaltyrequired: 1
decisiondate: 12/12/2017
hearing_title: NZ Metro TC 9 December 2017 - R 2 - Chair. Mr S Ching
charge:
facts:
Following the running of Race 2, the Resource Recycling Technologies NZ Ltd Mobile Pace, an information was filed by Chief Stipendiary Steward Mr N Ydgren against Junior Horsewoman Miss S Tomlinson, alleging a breach of Rule 507A(1) in that she failed to be on course 30 minutes prior to Race 2 resulting in a change of driver for HONOUR THE BET.
Miss Tomlinson had indicated on the Information that this breach of the Rules was admitted which she confirmed at the hearing. Miss Tomlinson also confirmed she understood the rule she was being charged with. As a Junior Driver, Miss Tomlinson was asked if she required assistance at the hearing, to which she replied she was comfortable on her own as there were no senior drivers available to assist.
Rule 507A(1) provides as follows;
507A (1) Every horseman engaged to drive a horse in a race shall report his or her attendance at the racecourse to the trainer or person left in charge of the horse at least 30 minutes before their first drive for the meeting.
Mr Ydgren gave evidence that Miss Tomlinson was driving at the Invercargill meeting on this day and had booked a flight to return to Christchurch which she believed was in time to make her drive on Mr K Chapmans horse, HONOUR THE BET, in Race 2. The flight that Miss Tomlinson had booked was scheduled to arrive at 5.45pm which was 30 minutes before the start of Race 2. He said that time was landing time and it would normally take another 10 minutes to disembark the aircraft and get to the car park. He stated that this booking had made Miss Tomlinson’s chances of arriving on course by the required time virtually nil. Mr Ydgren stated that Miss Tomlinson’s flight was delayed, and she had no chance of arriving on the course on time. He said that even if the flight was on time, Miss Tomlinson would not have arrived on course in time to take up the drive on HONOUR THE BET. This was the reason she was being charged.
As a consequence of Miss Tomlinson’s failure to arrive in time for Race 2 there was a driver change to Mr J Dunn which was not ideal as the betting was well and truly open by then. Miss Tomlinson had contacted the Stewards to say her flight was delayed before leaving Invercargill, however, as stated, the chances of her arriving on course on time were slim to none at best.
Miss Tomlinson stated that she had told Mr Chapman that her flight was at 4.30pm from Invercargill and it was up to him if he wanted her to drive the horse. She told him if the flight was delayed she probably would not make it on time. She said that she had used this flight recently on several occasions and it normally landed at Christchurch Airport at 5.30pm so thought she would be ok with 15 minutes to get to the track by 5.45pm as required. Mr Chapman told Miss Tomlinson that if the flight was delayed he would get another driver. She said that she had misjudged the times and did not realise she could get charged for not arriving on course by the required time.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Miss Tomlinson had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
sumissionsforpenalty:
Mr Ydgren informed the Committee that this normally is dealt with by way of a Minor Infringement Notice with a fine of $100. He said that because of the offending and the consequential effects of that offending, the Stewards considered that the penalty should be graduated from that level in this case due to the adverse effect on the connections and the punters. He submitted that the penalty should be more inline with the Penalty Guide starting point for a driver who breaks an engagement which is a fine of $200 or a 4-drive suspension.
Mr Ydgren stated that Miss Tomlinson had admitted the breach at the first opportunity and had a clear penalty record in relation to this rule.
Miss Tomlinson submitted that she would prefer a fine to a suspension.
reasonsforpenalty:
The Committee determined that a $200 fine was an appropriate starting point for this case. The aggravating factors were the late change of driver for HONOUR THE BET, the adverse effect on the connections and punters as well as the fact that there was a slim or no chance of Miss Tomlinson arriving on course on time, even if the flight arrived on time. These aggravating factors warrant an uplift which we set at $50. We were however able to afford Miss Tomlinson a combined discount of $50 for her admission of the breach and her good record, therefore determining that a fine of $200 was an appropriate penalty.
penalty:
Miss Tomlinson was fined the sum of $200.
hearing_type: Hearing
Rules: 507 A(1)
Informant: N Ydgren-Chief Stipendiary Steward
JockeysandTrainer: S Tomlinson-Junior Horsewoman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: ccdf7a5e018f6df088cb05b0da6883d3
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: f7d8a2bd6e3015e9f7acf764fec43745
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 09/12/2017
meet_title: NZ Metro TC - 9 December 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: HWeston
meet_pm2: none
name: NZ Metro TC