Rangiora HRC 8 April 2018 – R 1 – Chair, Mr R McKenzie
ID: JCA14957
Meet Title:
Rangiora HRC - 8 April 2018
Meet Chair:
RMcKenzie
Meet Committee Member 1:
TCastles
Race Date:
2018/04/08
Race Number:
R1
Decision:
Mr McDermott having admitted the breach, the charge was found proved.
Penalty:
Mr McDermott’s request for a deferment of his suspension was granted by the Committee.
Mr McDermott’s Advanced Amateur Driver’s licence is suspended from after the close of racing on 13 April 2018 up to and including 6th July 2018.
Facts:
Following the running of Race 1, Bishopdale / Bush Inn TAB’s & Tavern Harewood Mobile Pace (Amateur Drivers), an information was filed by Chief Stipendiary Steward, Mr N M Ydgren, against Licensed Advanced Amateur Driver, Mr J B McDermott, alleging a breach of Rule 868 (2) in that Mr McDermott, as the driver of GERALD in the race “failed to take all reasonable and permissible measures near the 300 metres when failing to shift GERALD into clear running to obtain the best possible position and/or finishing place”.
Mr Ydgren told the Committee that, following the race, Mr McDermott had viewed the video replays prior to his leaving the course. He told Stewards that he was happy for Licensed Open Horseman, Mr R D Holmes, to accept service of the information, to enter a plea to the charge on his behalf and to represent him at the hearing.
Mr Holmes had signed the information on Mr McDermott’s behalf indicating that the breach was admitted.
Mr Holmes was present at the hearing of the information and he confirmed that he was authorised by Mr McDermott to admit the breach.
Rule 862 provides as follows:
(2) Every horseman shall take all reasonable measures at all times during the race to ensure that his horse is given full opportunity to win the race or to obtain the best possible position and/or finishing place.
Mr Ydgren showed video replays of the relevant part of the race, with approximately 300 metres to race. He pointed out GERALD, driven by Mr McDermott, racing in 6th position, three places back in the two-out line. As the field approached the 300 metres, Mr McDermott had an opportunity to shift outwards after enjoying quite an economical run to that point, Mr Ydgren said. However, he did not take that opportunity, instead remaining in the two-out line and allowing himself to be covered by the improving 3-wide line led by RUSSIAN EXPRESS (A N Edge). Thereafter, GERALD went to the line untested, not gaining racing room until the final stages. The horse was travelling well and Stewards submitted that it was in Mr McDermott’s and everyone’s best interests to shift outwards to ensure that he obtained a clear and unobstructed run to the finishing line, Mr Ydgren said.
Mr Ydgren said that Mr McDermott had been holding his horse up for a run until the last opportunity, but he should not have left it as late as he did. The Committee noted that GERALD finished in 10th placing, 6.90 lengths from the winner.
Mr Ydgren said that Mr McDermott had only recently taken over the training of the horse and did not believe that it possessed a long sprint, hence his intention to hold it up for as long as possible.
Mr Holmes confirmed what Mr Ydgren had told the Committee – that Mr McDermott had not had the horse for long and was holding it up for the last run but had “missed the boat”. Mr McDermott, at first, indicated that he would defend the charge but after speaking to him, Mr Holmes, he was happy to admit the breach.
Submissions for Penalty:
Mr Ydgren said that Stewards saw this breach as being very similar to the breach by fellow amateur driver, Ms S Blake, in the same race. Mr McDermott had a good record and had admitted the breach. A 12-weeks’ suspension in line with the penalty imposed on Ms Blake was appropriate, Mr Ydgren submitted.
Mr Ydgren added that Mr McDermott was seeking a deferment of the suspension until after the Addington meeting on Friday, 13 April next, at which a race for amateur drivers was being held. Mr Holmes confirmed this.
Mr Holmes said that this suspension would be Mr McDermott’s first for any breach (the Committee noted that Mr McDermott has had 106 drives since obtaining an Advanced Amateur licence in the 2008/2009 season).
Reasons for Penalty:
The Committee had, earlier in the day, heard a charge against another amateur driver arising out of the same race in fact a situation almost identical to this case. The driver in that case, Ms S Blake, also had a clear record and had admitted the breach. After a deliberation, this Committee imposed a penalty of a 12 weeks’ suspension on that driver and, in the interests of consistency, we have decided to impose the same penalty on Mr McDermott.
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: 913d16d92189b14483bb811201939230
informantnumber: A10229
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Failing to Take Reasonable and Permissible Measures
plea: admitted
penaltyrequired: 1
decisiondate: 09/04/2018
hearing_title: Rangiora HRC 8 April 2018 - R 1 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 1, Bishopdale / Bush Inn TAB’s & Tavern Harewood Mobile Pace (Amateur Drivers), an information was filed by Chief Stipendiary Steward, Mr N M Ydgren, against Licensed Advanced Amateur Driver, Mr J B McDermott, alleging a breach of Rule 868 (2) in that Mr McDermott, as the driver of GERALD in the race “failed to take all reasonable and permissible measures near the 300 metres when failing to shift GERALD into clear running to obtain the best possible position and/or finishing place”.
Mr Ydgren told the Committee that, following the race, Mr McDermott had viewed the video replays prior to his leaving the course. He told Stewards that he was happy for Licensed Open Horseman, Mr R D Holmes, to accept service of the information, to enter a plea to the charge on his behalf and to represent him at the hearing.
Mr Holmes had signed the information on Mr McDermott’s behalf indicating that the breach was admitted.
Mr Holmes was present at the hearing of the information and he confirmed that he was authorised by Mr McDermott to admit the breach.
Rule 862 provides as follows:
(2) Every horseman shall take all reasonable measures at all times during the race to ensure that his horse is given full opportunity to win the race or to obtain the best possible position and/or finishing place.
Mr Ydgren showed video replays of the relevant part of the race, with approximately 300 metres to race. He pointed out GERALD, driven by Mr McDermott, racing in 6th position, three places back in the two-out line. As the field approached the 300 metres, Mr McDermott had an opportunity to shift outwards after enjoying quite an economical run to that point, Mr Ydgren said. However, he did not take that opportunity, instead remaining in the two-out line and allowing himself to be covered by the improving 3-wide line led by RUSSIAN EXPRESS (A N Edge). Thereafter, GERALD went to the line untested, not gaining racing room until the final stages. The horse was travelling well and Stewards submitted that it was in Mr McDermott’s and everyone’s best interests to shift outwards to ensure that he obtained a clear and unobstructed run to the finishing line, Mr Ydgren said.
Mr Ydgren said that Mr McDermott had been holding his horse up for a run until the last opportunity, but he should not have left it as late as he did. The Committee noted that GERALD finished in 10th placing, 6.90 lengths from the winner.
Mr Ydgren said that Mr McDermott had only recently taken over the training of the horse and did not believe that it possessed a long sprint, hence his intention to hold it up for as long as possible.
Mr Holmes confirmed what Mr Ydgren had told the Committee – that Mr McDermott had not had the horse for long and was holding it up for the last run but had “missed the boat”. Mr McDermott, at first, indicated that he would defend the charge but after speaking to him, Mr Holmes, he was happy to admit the breach.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr McDermott having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Ydgren said that Stewards saw this breach as being very similar to the breach by fellow amateur driver, Ms S Blake, in the same race. Mr McDermott had a good record and had admitted the breach. A 12-weeks’ suspension in line with the penalty imposed on Ms Blake was appropriate, Mr Ydgren submitted.
Mr Ydgren added that Mr McDermott was seeking a deferment of the suspension until after the Addington meeting on Friday, 13 April next, at which a race for amateur drivers was being held. Mr Holmes confirmed this.
Mr Holmes said that this suspension would be Mr McDermott’s first for any breach (the Committee noted that Mr McDermott has had 106 drives since obtaining an Advanced Amateur licence in the 2008/2009 season).
reasonsforpenalty:
The Committee had, earlier in the day, heard a charge against another amateur driver arising out of the same race in fact a situation almost identical to this case. The driver in that case, Ms S Blake, also had a clear record and had admitted the breach. After a deliberation, this Committee imposed a penalty of a 12 weeks’ suspension on that driver and, in the interests of consistency, we have decided to impose the same penalty on Mr McDermott.
penalty:
Mr McDermott’s request for a deferment of his suspension was granted by the Committee.
Mr McDermott’s Advanced Amateur Driver’s licence is suspended from after the close of racing on 13 April 2018 up to and including 6th July 2018.
hearing_type: Hearing
Rules: 868(2)
Informant: N M Ydgren Chief Stipendiary Steward
JockeysandTrainer: J B McDermott, Licensed Advanced Amateur Driver
Otherperson: R D Holmes, Licensed Open Horseman
PersonPresent:
Respondent:
StipendSteward:
raceid: fbf665bbfc7b8574dcbd6f04438a9053
race_expapproval:
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race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
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meetdate: 08/04/2018
meet_title: Rangiora HRC - 8 April 2018
meet_expappcomment:
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tracklocation: rangiora-hrc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: TCastles
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name: Rangiora HRC