Archive Decision

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Rangiora HRC 11 August 2019 – R 7 – Chair, Mr D Anderson

ID: JCA16359

Applicant:
Mrs C Tibbs - Stipendiary Steward

Respondent(s):
Mr B Laughton - Junior Driver

Other Person:
Mr S Mulcay - Stipendiary Steward, Mr R May - Senior Driver assisting Mr Laughton

Information Number:
A11220

Hearing Type:
Hearing

New Charge:
Careless Driving

Rules:
869(3)(b)

Plea:
admitted

Meet Title:
Rangiora HRC - 11 August 2019

Meet Chair:
DAnderson

Meet Committee Member 1:
RMcKenzie

Race Date:
2019/08/11

Race Number:
R 7

Decision:

Mr Laughton having admitted the breach; the charge was found proved.

Penalty:

Accordingly, Mr Laughton’s licence to drive is suspended from the close of racing today 11 August 2019 up to and including racing on 22 August 2019.

Meetings encompassed in this suspension are: Kurow at Oamaru, NZMTC at Addington.

Facts:

Following the running of Race 7, the Warner Donald Junior Driver Mobile Pace, an information was filed by Stipendiary Steward, Mrs C Tibbs, against Junior Driver Mr B Laughton, alleging “In that he drove carelessly causing interference near the 700m to AWESOME SPEED (S Smith) which broke losing ground.”

Mr Laughton confirmed that he understood the rule he was being charged with and indicated that he admitted the breach.

Mr Laughton was assisted at the hearing by Senior Driver Mr R May.

Rule 869 provides as follows:

(2) No horseman in any race shall drive: -

(b) carelessly

Mrs Tibbs used the race films to identify Mr Laughton racing mid field and 3 wide approaching the 800-metre pole. She pointed to Mr Laughton being forced 4 wide by KING OF HEROES (M Hurrell) and then restrain his horse and push AWESOME SPEED (S Smith), who was following KING OF HEROES, down the track and into very restricted room. This inevitably resulted in AWESOME SPEED being checked and galloped losing its chance.

Mr Laughton explained to the hearing that approaching the 700m he could see there was enough room to the inside of Mr Smith for him to be eased down. He said at the same time as he started the manoeuvre the horses on the fence had begun to shift out to avoid a tiring runner and the result being Mr Smith had nowhere to go.

Mr May alluded to the fact Mr Smith was having only his 2nd race day drive and a more experienced driver may have achieved a better outcome for himself.

Submissions for Penalty:

Mrs Tibbs said the Penalty Guide has a starting point of a 10-drive suspension or a $500 fine. The Stewards would be seeking a suspension in this case as a horse has had its chances extinguished. She said Mr Laughton has a clear record and an average of approximately 3 drives per meeting. The Stewards would be seeking a 3-day suspension.

Mr Laughton had no submissions on penalty.

Deferment was discussed but Mr Laughton said he would prefer to get any suspension over with as soon as possible.

Reasons for Penalty:

In determining penalty, the Committee considered the breach as mid-range and adopted the 10-drive starting point.

The aggravating factor is AWESOME SPEED has been checked and galloped.

The mitigating factors are Mr Laughton’s good record and frank admission. The Committee also have regard for the fact that Mr Laughton had looked to make sure he had room, but by the time he had completed his manoeuvre other horses had changed ground and the circumstances had changed.

The Committee in considering all the above factors find that a 2-day suspension is appropriate 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: a9947c83fbc0477db7052e95fc2c2ec9


informantnumber: A11220


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Driving


plea: admitted


penaltyrequired: 1


decisiondate: 13/08/2019


hearing_title: Rangiora HRC 11 August 2019 - R 7 - Chair, Mr D Anderson


charge:


facts:

Following the running of Race 7, the Warner Donald Junior Driver Mobile Pace, an information was filed by Stipendiary Steward, Mrs C Tibbs, against Junior Driver Mr B Laughton, alleging “In that he drove carelessly causing interference near the 700m to AWESOME SPEED (S Smith) which broke losing ground.”

Mr Laughton confirmed that he understood the rule he was being charged with and indicated that he admitted the breach.

Mr Laughton was assisted at the hearing by Senior Driver Mr R May.

Rule 869 provides as follows:

(2) No horseman in any race shall drive: -

(b) carelessly

Mrs Tibbs used the race films to identify Mr Laughton racing mid field and 3 wide approaching the 800-metre pole. She pointed to Mr Laughton being forced 4 wide by KING OF HEROES (M Hurrell) and then restrain his horse and push AWESOME SPEED (S Smith), who was following KING OF HEROES, down the track and into very restricted room. This inevitably resulted in AWESOME SPEED being checked and galloped losing its chance.

Mr Laughton explained to the hearing that approaching the 700m he could see there was enough room to the inside of Mr Smith for him to be eased down. He said at the same time as he started the manoeuvre the horses on the fence had begun to shift out to avoid a tiring runner and the result being Mr Smith had nowhere to go.

Mr May alluded to the fact Mr Smith was having only his 2nd race day drive and a more experienced driver may have achieved a better outcome for himself.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr Laughton having admitted the breach; the charge was found proved.


sumissionsforpenalty:

Mrs Tibbs said the Penalty Guide has a starting point of a 10-drive suspension or a $500 fine. The Stewards would be seeking a suspension in this case as a horse has had its chances extinguished. She said Mr Laughton has a clear record and an average of approximately 3 drives per meeting. The Stewards would be seeking a 3-day suspension.

Mr Laughton had no submissions on penalty.

Deferment was discussed but Mr Laughton said he would prefer to get any suspension over with as soon as possible.


reasonsforpenalty:

In determining penalty, the Committee considered the breach as mid-range and adopted the 10-drive starting point.

The aggravating factor is AWESOME SPEED has been checked and galloped.

The mitigating factors are Mr Laughton’s good record and frank admission. The Committee also have regard for the fact that Mr Laughton had looked to make sure he had room, but by the time he had completed his manoeuvre other horses had changed ground and the circumstances had changed.

The Committee in considering all the above factors find that a 2-day suspension is appropriate in this case.


penalty:

Accordingly, Mr Laughton’s licence to drive is suspended from the close of racing today 11 August 2019 up to and including racing on 22 August 2019.

Meetings encompassed in this suspension are: Kurow at Oamaru, NZMTC at Addington.


hearing_type: Hearing


Rules: 869(3)(b)


Informant: Mrs C Tibbs - Stipendiary Steward


JockeysandTrainer: Mr B Laughton - Junior Driver


Otherperson: Mr S Mulcay - Stipendiary Steward, Mr R May - Senior Driver assisting Mr Laughton


PersonPresent:


Respondent:


StipendSteward:


raceid: 0dca6a29402cd2349dc067265d23b8df


race_expapproval:


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race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 7


submittochair:


race_expappcomment:


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meetdate: 11/08/2019


meet_title: Rangiora HRC - 11 August 2019


meet_expappcomment:


meet_km:


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tracklocation: rangiora-hrc


meet_racingtype: harness-racing


meet_chair: DAnderson


meet_pm1: RMcKenzie


meet_pm2: none


name: Rangiora HRC