NZ Metro TC 9 September 2016 – R 3 – Chair, Mr S Ching
ID: JCA14675
Meet Title:
NZ Metro TC - 9 September 2016
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2016/09/09
Race Number:
R3
Decision:
As Mr Keast had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
Accordingly, Mr Keast’s Junior Horseman’s License was suspended from the conclusion of racing today 9 September up to and including 17 September 2016. This suspension encompasses the meetings at Addington on 15 September and Invercargill 17 September 2016.
Facts:
Following the running of Race 3, the John Jones Steel & Papanui Parish Mobile Pace, an information was filed by Stipendiary Steward, Mr J Muirhead against Junior Horseman, Mr D Keast, alleging a breach of Rule 869(3)(b) in that he drove carelessly by allowing GOING TO CALIFORNIA to contact the wheel of GUNPOWDER near the 300m causing his own horse to gallop.
Mr Keast had endorsed on the Information that this breach of the Rules was admitted which he confirmed at the hearing. He also stated that he understood the rule he was being charged with. Mr Keast, as a Junior Horseman, was assisted at the hearing by Open Horseman, Mr N McGrath.
Rule 869(3)(b) reads as follows:
“(3) No horseman in any race shall drive: -
(b) carelessly: -
Mr Muirhead gave evidence and used video coverage to show that approaching the home turn near the 300m, GOING TO CALIFORNIA, driven by Mr Keast, was positioned 3 deep on the running line and in the trail of GUNPOWDER, driven by Mr C DeFilippi. Mr Muirhead stated that Mr Keast then gave his horse a flick with the whip and activated the horses gear. He said that shortly afterwards GOING TO CALIFORNIA struck the left sulky wheel of GUNPOWDER and broke, losing all chance. Mr Muirhead stated that Mr Keast was simply trailing too close to GUNPOWDER and after giving the horse a flick and activating the gear, his horse became keen and struck the wheel of Mr DeFilippi’s horse.
Mr McGrath stated that GOING TO CALIFORNIA races without hopples which he believed did not help the situation. He said that most horses racing with hopples would not have broken in this situation as the gear would assist them in maintaining their gait in similar circumstances.
Submissions for Penalty:
Mr Muirhead informed the Committee that this drive was Mr Keast’s 6th so far this season and that he had driven on 64 occasions last season. He stated that Mr Keast had a previous breach of this Rule within the last 4 months where he struck a wheel when driving the same horse on 30 June 2016. The penalty on that occasion was a fine of $250. Mr Muirhead stated that the JCA Penalty Guide showed a starting point of a 3-day suspension for a second breach of this rule within a period of 4 months. He stated he would leave it up to the Committee to decide the appropriate length of penalty in this case.
Mr McGrath stated that credit should be given to Mr Keast for his frank admission of the breach and the way he handled himself throughout the enquiry and subsequent hearing. He also said that consideration should be given to the fact that GOING TO CALIFORNIA raced without hopples which made the horse more susceptible to break in the running. He stated that a 2-day suspension would be a fair penalty on this occasion. Deferment of penalty was discussed with Mr Keast and Mr McGrath with Mr Keast opting to start any penalty immediately.
Mr McGrath also stated that Mr Keast regularly drives in the Otago/Southland district and any dates in that area should be included in the penalty. The Stewards had no objection to the inclusion of Otago/Southland dates and confirmed that Mr Keast drives in Invercargill regularly.
Reasons for Penalty:
In determining penalty, the Committee took into account Mr Keast’s frank admission of the breach and the way he handled himself throughout the hearing. The JCA Penalty Guide dictates a starting point of a 3-day suspension for a second breach of this rule within 4 months. In adopting the starting point of a 3-day suspension, we were able to give Mr Keast a discount of 1 day for his admission of the breach. We therefore determined that a 2-day suspension was an appropriate penalty in this case.
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: 6fc7b118467e5d827142f870ef64c7cf
informantnumber: A8356
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless driving
plea: admitted
penaltyrequired: 1
decisiondate: 14/09/2016
hearing_title: NZ Metro TC 9 September 2016 - R 3 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 3, the John Jones Steel & Papanui Parish Mobile Pace, an information was filed by Stipendiary Steward, Mr J Muirhead against Junior Horseman, Mr D Keast, alleging a breach of Rule 869(3)(b) in that he drove carelessly by allowing GOING TO CALIFORNIA to contact the wheel of GUNPOWDER near the 300m causing his own horse to gallop.
Mr Keast had endorsed on the Information that this breach of the Rules was admitted which he confirmed at the hearing. He also stated that he understood the rule he was being charged with. Mr Keast, as a Junior Horseman, was assisted at the hearing by Open Horseman, Mr N McGrath.
Rule 869(3)(b) reads as follows:
“(3) No horseman in any race shall drive: -
(b) carelessly: -
Mr Muirhead gave evidence and used video coverage to show that approaching the home turn near the 300m, GOING TO CALIFORNIA, driven by Mr Keast, was positioned 3 deep on the running line and in the trail of GUNPOWDER, driven by Mr C DeFilippi. Mr Muirhead stated that Mr Keast then gave his horse a flick with the whip and activated the horses gear. He said that shortly afterwards GOING TO CALIFORNIA struck the left sulky wheel of GUNPOWDER and broke, losing all chance. Mr Muirhead stated that Mr Keast was simply trailing too close to GUNPOWDER and after giving the horse a flick and activating the gear, his horse became keen and struck the wheel of Mr DeFilippi’s horse.
Mr McGrath stated that GOING TO CALIFORNIA races without hopples which he believed did not help the situation. He said that most horses racing with hopples would not have broken in this situation as the gear would assist them in maintaining their gait in similar circumstances.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Keast had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
sumissionsforpenalty:
Mr Muirhead informed the Committee that this drive was Mr Keast’s 6th so far this season and that he had driven on 64 occasions last season. He stated that Mr Keast had a previous breach of this Rule within the last 4 months where he struck a wheel when driving the same horse on 30 June 2016. The penalty on that occasion was a fine of $250. Mr Muirhead stated that the JCA Penalty Guide showed a starting point of a 3-day suspension for a second breach of this rule within a period of 4 months. He stated he would leave it up to the Committee to decide the appropriate length of penalty in this case.
Mr McGrath stated that credit should be given to Mr Keast for his frank admission of the breach and the way he handled himself throughout the enquiry and subsequent hearing. He also said that consideration should be given to the fact that GOING TO CALIFORNIA raced without hopples which made the horse more susceptible to break in the running. He stated that a 2-day suspension would be a fair penalty on this occasion. Deferment of penalty was discussed with Mr Keast and Mr McGrath with Mr Keast opting to start any penalty immediately.
Mr McGrath also stated that Mr Keast regularly drives in the Otago/Southland district and any dates in that area should be included in the penalty. The Stewards had no objection to the inclusion of Otago/Southland dates and confirmed that Mr Keast drives in Invercargill regularly.
reasonsforpenalty:
In determining penalty, the Committee took into account Mr Keast’s frank admission of the breach and the way he handled himself throughout the hearing. The JCA Penalty Guide dictates a starting point of a 3-day suspension for a second breach of this rule within 4 months. In adopting the starting point of a 3-day suspension, we were able to give Mr Keast a discount of 1 day for his admission of the breach. We therefore determined that a 2-day suspension was an appropriate penalty in this case.
penalty:
Accordingly, Mr Keast’s Junior Horseman’s License was suspended from the conclusion of racing today 9 September up to and including 17 September 2016. This suspension encompasses the meetings at Addington on 15 September and Invercargill 17 September 2016.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr N Ydgren - Stipendiary Steward
JockeysandTrainer: Mr D Keast - Junior Horseman
Otherperson: Mr N McGrath - Open Horseman Aasisting Mr Keast
PersonPresent:
Respondent:
StipendSteward:
raceid: c6205833edfaaff1ff0cadbf774477a8
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 3420ba6e40c17ebde6bb52d24d3d2c8f
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 09/09/2016
meet_title: NZ Metro TC - 9 September 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: NZ Metro TC