Archive Decision

This decision has been migrated from the JCA website. Information is accurate but formatting may differ from contemporary decisions. Please contact us for any further enquiries.

Reefton TC 10 March 2013 – R 10

ID: JCA11309

Applicant:
Mr N M Ydgren- Stipendiary Steward

Respondent(s):
Mr P J Davis - Licensed Open Horseman

Information Number:
A4985

Hearing Type:
Hearing

Rules:
869(3)(b)

Plea:
admitted

Meet Title:
Reefton TC - 10 March 2013

Meet Chair:
SChing

Meet Committee Member 1:
RMcKenzie

Race Date:
2013/03/10

Race Number:
R 10

Decision:

The charge was found to be proved.

Penalty:

Mr Davis’ Open Horseman’s licence was suspended from the completion of racing on 10 March up to and including 17 March 2013 (2 effective days). This period of suspension is inclusive of Addington on 15 March and 17 March at Banks Peninsula.

Charge:

Careless driving.

Facts:

Following the running of Race 10, the Thank You Westport Trotting Club Trot, an information was filed by Stipendiary Steward Mr N M Ydgren against Open Horseman Mr P J Davis alleging a breach of Rule 869(3)(b) in that he drove carelessly when driving “Sarah Palin “in the run home.

Mr Davis had indicated on the Information that this breach of the Rules was admitted and he had also informed the Stipendiary Stewards that he did not wish to be present at the hearing.

The charge reads as follows:

I, the above named informant allege that the above named Defendant committed a breach of Rule 869(3)(b) in that you drove carelessly when shifting outwards when insufficiently clear of “St Petersburg” (B O’Connell) causing “St Petersburg” to break”.

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

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

Submissions for Decision:

Mr Ydgren stated that this charge had arisen out of an upheld protest in the event between the 6th placed horse “St Petersburg” and the 2nd placed “Sarah Palin” that resulted in “Sarah Palin” being relegated to 6th place. Mr Ydgren gave evidence and used video coverage to show that over the final stages Mr Davis, driving “Sarah Palin” was racing on the pylons. He attempted to shift outwards when looking for clear running and in doing so was not clear of the runner on his outer. This shift outwards caused “St Petersburg”, driven by Mr O’Connell, to check and break.

Reasons for Decision:

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

Submissions for Penalty:

Mr Ydgren informed the Committee that Mr Davis had a clear record and credit should be given for his ready admission of the breach. Mr Ydgren submitted that the JCA Penalty guide recommended a starting point of a 10 drive suspension or a $500 fine where relegation was the result of careless driving. He stated that Mr Davis was a busy driver and the Stewards believed that a fine of $300 to $400 or a two day suspension be considered.

Mr Ydgren submitted that Mr Davis had indicated on the Information and to the Stewards that a suspension was preferred. Mr Ydgren stated the Stewards did not have an objection to a suspension and if a suspension was imposed that a penalty of two effective days be imposed.

 

Reasons for Penalty:

In determining penalty, the Committee took into account Mr Davis’ ready admission of the breach and his good record. The Committee considered this breach to be mid-range due to the consequences of Mr Davis’ actions and determined that a suspension would be an appropriate penalty in this case with the length of suspension being 2 days.

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: 1c1387ce47e8bee4362e45065272d76c


informantnumber: A4985


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 10/03/2013


hearing_title: Reefton TC 10 March 2013 - R 10


charge:

Careless driving.


facts:

Following the running of Race 10, the Thank You Westport Trotting Club Trot, an information was filed by Stipendiary Steward Mr N M Ydgren against Open Horseman Mr P J Davis alleging a breach of Rule 869(3)(b) in that he drove carelessly when driving “Sarah Palin “in the run home.

Mr Davis had indicated on the Information that this breach of the Rules was admitted and he had also informed the Stipendiary Stewards that he did not wish to be present at the hearing.

The charge reads as follows:

I, the above named informant allege that the above named Defendant committed a breach of Rule 869(3)(b) in that you drove carelessly when shifting outwards when insufficiently clear of “St Petersburg” (B O’Connell) causing “St Petersburg” to break”.

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

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


appealdecision:


isappeal:


submissionsfordecision:

Mr Ydgren stated that this charge had arisen out of an upheld protest in the event between the 6th placed horse “St Petersburg” and the 2nd placed “Sarah Palin” that resulted in “Sarah Palin” being relegated to 6th place. Mr Ydgren gave evidence and used video coverage to show that over the final stages Mr Davis, driving “Sarah Palin” was racing on the pylons. He attempted to shift outwards when looking for clear running and in doing so was not clear of the runner on his outer. This shift outwards caused “St Petersburg”, driven by Mr O’Connell, to check and break.


reasonsfordecision:

As Mr Davis 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:

Mr Ydgren informed the Committee that Mr Davis had a clear record and credit should be given for his ready admission of the breach. Mr Ydgren submitted that the JCA Penalty guide recommended a starting point of a 10 drive suspension or a $500 fine where relegation was the result of careless driving. He stated that Mr Davis was a busy driver and the Stewards believed that a fine of $300 to $400 or a two day suspension be considered.

Mr Ydgren submitted that Mr Davis had indicated on the Information and to the Stewards that a suspension was preferred. Mr Ydgren stated the Stewards did not have an objection to a suspension and if a suspension was imposed that a penalty of two effective days be imposed.

 


reasonsforpenalty:

In determining penalty, the Committee took into account Mr Davis’ ready admission of the breach and his good record. The Committee considered this breach to be mid-range due to the consequences of Mr Davis’ actions and determined that a suspension would be an appropriate penalty in this case with the length of suspension being 2 days.


penalty:

Mr Davis’ Open Horseman’s licence was suspended from the completion of racing on 10 March up to and including 17 March 2013 (2 effective days). This period of suspension is inclusive of Addington on 15 March and 17 March at Banks Peninsula.


hearing_type: Hearing


Rules: 869(3)(b)


Informant: Mr N M Ydgren- Stipendiary Steward


JockeysandTrainer: Mr P J Davis - Licensed Open Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 8f0f92bf36b1c739e37d56f3e537c290


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 10


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 796a15fa6f22e190790b845083e3bfc6


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 10/03/2013


meet_title: Reefton TC - 10 March 2013


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: reefton-tc


meet_racingtype: harness-racing


meet_chair: SChing


meet_pm1: RMcKenzie


meet_pm2: none


name: Reefton TC