Archive Decision

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Rangiora HRC 18 December 2011 – R 3

ID: JCA14991

Applicant:
Mr N M Ydgren - Stipendiary Steward

Respondent(s):
Mr G D O'Reilly - Open Horseman

Information Number:
A5066

Hearing Type:
Hearing

Rules:
869(3)(b)

Plea:
admitted

Meet Title:
Rangiora HRC - 18 December 2011

Meet Chair:
JPhelan

Meet Committee Member 1:
KHales

Race Date:
2011/12/18

Race Number:
R3

Decision:

The charge was found to be proved.

Penalty:

On resuming the hearing, we advised the parties of our reasons, and that Mr O’Reilly was fined the sum of $300.

Charge:

Alleged breach of Rule 869(3)(b).

Facts:

Following the running of Race 3, the Kaikanui Tavern Pace, an Information was filed by Stipendiary Steward, Mr N M Ydgren, against Open Horseman, Mr G D O’Reilly, the driver of “KENMORE STAR” (11), alleging a breach of Rule 869(3)(b) in that he drove carelessly.

The charge reads as follows:

“I the above named informant allege that the above named Respondent committed a breach of Rule 869(3)(b) (in that) you drove carelessly with approx. 200m to race when attempting to shift into the passing lane when insufficient room existed, resulting in your horse breaking.”

Rules 869(3)(b) reads as follows:

“(3) No horseman in any race shall drive:-
(b) carelessly..”

Mr O’Reilly had indicated on the Information that this breach of the Rules was admitted and he confirmed this at the hearing. Mr O’Reilly also agreed that he understood the charge and the Rule it was brought under.

Submissions for Decision:

Mr Ydgren gave evidence, and used video coverage to show that in the run home, Mr O’Reilly was attempting to use the passing lane when there was insufficient room to do so, resulting in his horse breaking and losing its chance.

Mr O’Reilly had no submissions to make regarding the facts of this matter.

Reasons for Decision:

As Mr O’Reilly had admitted this breach of the Rules, it was found to be proved in accordance with Rule 1111(1)(d).

Submissions for Penalty:

In relation to penalty, Mr Ydgren advised that Mr O’Reilly had previously breached this Rule on 4 December 2011 at Waimate, when he was fined the sum of $225. Mr Ydgren submitted that a fine in the vicinity of $250 to $300 should be imposed in this case.

Mr O’Reilly had no relevant submissions to make regarding penalty.

We adjourned to consider the matter of penalty.

Reasons for Penalty:

In relation to penalty, we took into account that Mr O’Reilly had admitted the breach, but also that he had previously breached this rule two weeks ago. Taking all these matters into account, we decided that Mr O’Reilly would be fined the sum of $300.

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: 95d2b3f111d7338561cdd80fda3e10e0


informantnumber: A5066


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 20/12/2011


hearing_title: Rangiora HRC 18 December 2011 - R 3


charge:

Alleged breach of Rule 869(3)(b).


facts:

Following the running of Race 3, the Kaikanui Tavern Pace, an Information was filed by Stipendiary Steward, Mr N M Ydgren, against Open Horseman, Mr G D O’Reilly, the driver of “KENMORE STAR” (11), alleging a breach of Rule 869(3)(b) in that he drove carelessly.

The charge reads as follows:

“I the above named informant allege that the above named Respondent committed a breach of Rule 869(3)(b) (in that) you drove carelessly with approx. 200m to race when attempting to shift into the passing lane when insufficient room existed, resulting in your horse breaking.”

Rules 869(3)(b) reads as follows:

“(3) No horseman in any race shall drive:-
(b) carelessly..”

Mr O’Reilly had indicated on the Information that this breach of the Rules was admitted and he confirmed this at the hearing. Mr O’Reilly also agreed that he understood the charge and the Rule it was brought under.


appealdecision:


isappeal:


submissionsfordecision:

Mr Ydgren gave evidence, and used video coverage to show that in the run home, Mr O’Reilly was attempting to use the passing lane when there was insufficient room to do so, resulting in his horse breaking and losing its chance.

Mr O’Reilly had no submissions to make regarding the facts of this matter.


reasonsfordecision:

As Mr O’Reilly had admitted this breach of the Rules, it was found to be proved in accordance with Rule 1111(1)(d).


Decision:

The charge was found to be proved.


sumissionsforpenalty:

In relation to penalty, Mr Ydgren advised that Mr O’Reilly had previously breached this Rule on 4 December 2011 at Waimate, when he was fined the sum of $225. Mr Ydgren submitted that a fine in the vicinity of $250 to $300 should be imposed in this case.

Mr O’Reilly had no relevant submissions to make regarding penalty.

We adjourned to consider the matter of penalty.


reasonsforpenalty:

In relation to penalty, we took into account that Mr O’Reilly had admitted the breach, but also that he had previously breached this rule two weeks ago. Taking all these matters into account, we decided that Mr O’Reilly would be fined the sum of $300.


penalty:

On resuming the hearing, we advised the parties of our reasons, and that Mr O’Reilly was fined the sum of $300.


hearing_type: Hearing


Rules: 869(3)(b)


Informant: Mr N M Ydgren - Stipendiary Steward


JockeysandTrainer: Mr G D O'Reilly - Open Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 3a22e88f9a91da7b1fe4dbf105fb535f


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: 84da3872f9eef17115ea09401d73d056


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 18/12/2011


meet_title: Rangiora HRC - 18 December 2011


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: rangiora-hrc


meet_racingtype: harness-racing


meet_chair: JPhelan


meet_pm1: KHales


meet_pm2: none


name: Rangiora HRC