Reefton TC 30 December 2018 – R 2 – Chair, Mr S Ching
ID: JCA15475
Meet Title:
Reefton TC - 30 December 2018
Meet Chair:
SChing
Meet Committee Member 1:
DAnderson
Race Date:
2018/12/30
Race Number:
R2
Decision:
As Mr Anderson had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
Mr Anderson’s Horseman’s licence is suspended from the completion of racing 30 December 2018 up to and including 18 January 2019. Relevant meetings encompassed in this period of suspension are Nelson 11 January, Nelson 13 January, Timaru 16 January and Marlborough 18 January 2019.
Facts:
Following the running of Race 2, the Dawsons Hotel Handicap Trot, an Information was filed by Stipendiary Steward, Mr S Wallis against Open Horseman, Mr R Anderson alleging a breach of Rule 869(3)(b) in that he drove carelessly when driving SUNNY GLENIS near the 75m when allowing his horse to shift outwards checking CELTIC THUNDER, which broke.
Mr Anderson had indicated on the Information that this breach of the Rules was admitted which he confirmed at the hearing. Mr Anderson also acknowledged that he understood the rule he was being charged with.
Rule 869(3)(b) reads as follows:
“(3) No horseman in any race shall drive:-
(b) carelessly:-
Mr Wallis gave evidence and used video coverage, with the assistance of Stipendiary Steward, Mr Renault, to show that rounding the final bend, Mr Anderson driving SUNNY GLENIS, was the lead horse with CELTIC THUNDER, driven by Mr B Orange, on his immediate outside. Mr Renault pointed out Mr Anderson’s horse drift into the passing lane at the top of the straight and hamper ANOTHERDOLLYTROUBLE, driven by Mr R May. He said that Mr Anderson corrected his horse and was racing in a straight line but near the 75m, SUNNY GLENIS shifted out and into the line of CELTIC THUNDER, who made contact with the wheel of SUNNY GLENIS, causing CELTIC THUNDER to break. Mr Renault added that CELTIC THUNDER was in a prominent position before breaking, and was in contention for 3rd or 4th place but eventually finished in 5th place.
Mr Anderson said that SUNNY GLENIS’ record showed that she had been warned numerous times for ducking in and ducking out during her races. He said she ducked into the passing lane when they turned for home and he pulled her out. He said that she went straight after that but ducked out again and he straightened her again. Mr Anderson stated that SUNNY GLENIS would have won the 2nd day at Westport but she ducked out on the home turn. He said there was not a lot you could do with her as you didn’t know whether she would duck outwards or inwards.
Mr Wallis responded to a question from the Committee in regard to SUNNY GLENIS who, he said, had not been warned for several starts but understood where Mr Anderson was coming from. He said that SUNNY GLENIS had ducked into the passing lane at the top of the straight and was straightened but what concerned the Stewards was that Mr Anderson did not make enough of an effort to straighten the mare until after contact was made, in the second incident.
Submissions for Penalty:
Mr Wallis informed the Committee that Mr Anderson drove on 97 occasions last season and to date, this season, on 15 occasions. He stated he had a clear record and had admitted the breach, for which credit should be given. Mr Wallis said the JCA Penalty Guide provided for a 10-drive suspension or a $500 fine for a breach of his rule. The aggravating factor, he said, was the runner that was interfered with, which was in contention to finish 3rd or 4th, but due to the incident, finished in 5th place. Taking all factors into consideration, both mitigating and aggravating, Mr Wallis submitted that a 10-drive suspension be considered as penalty. He said that Mr Anderson would normally drive, on average, 2 to 3 times per race day and submitted that a 4-day suspension as equivalent to 10 drives be considered as penalty in this case.
Mr Anderson stated he had 6 horses racing at the moment and future driving would be at the Nelson meetings, Timaru meeting on 16 January and Marlborough meetings in January.
Reasons for Penalty:
The JCA Penalty Guide provides a 10-drive suspension for a mid-range breach of this rule. We assessed this breach as mid-range with the aggravating factor in this case being the consequences of the interference caused to CELTIC THUNDER at the 75m affecting this horse's chance of finishing in a higher place. This we determined, warranted an uplift which we set at 3 drives. We were, however, able to afford Mr Anderson a combined discount for his clear record and his ready admission of the breach. This discount we set at 3 drives. We therefore determined that a 10-drive suspension was an appropriate penalty.
In considering penalty we determined that Mr Anderson drove on average 2.5 drives per race day which we calculated to a 4 day suspension.
Decision Date: 02/01/2019
Publish Date: 02/01/2019
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: 97f8cfda572f1219bb7ac0dda38f90e4
informantnumber: A10825
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: admitted
penaltyrequired: 1
decisiondate: 02/01/2019
hearing_title: Reefton TC 30 December 2018 - R 2 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 2, the Dawsons Hotel Handicap Trot, an Information was filed by Stipendiary Steward, Mr S Wallis against Open Horseman, Mr R Anderson alleging a breach of Rule 869(3)(b) in that he drove carelessly when driving SUNNY GLENIS near the 75m when allowing his horse to shift outwards checking CELTIC THUNDER, which broke.
Mr Anderson had indicated on the Information that this breach of the Rules was admitted which he confirmed at the hearing. Mr Anderson also acknowledged that he understood the rule he was being charged with.
Rule 869(3)(b) reads as follows:
“(3) No horseman in any race shall drive:-
(b) carelessly:-
Mr Wallis gave evidence and used video coverage, with the assistance of Stipendiary Steward, Mr Renault, to show that rounding the final bend, Mr Anderson driving SUNNY GLENIS, was the lead horse with CELTIC THUNDER, driven by Mr B Orange, on his immediate outside. Mr Renault pointed out Mr Anderson’s horse drift into the passing lane at the top of the straight and hamper ANOTHERDOLLYTROUBLE, driven by Mr R May. He said that Mr Anderson corrected his horse and was racing in a straight line but near the 75m, SUNNY GLENIS shifted out and into the line of CELTIC THUNDER, who made contact with the wheel of SUNNY GLENIS, causing CELTIC THUNDER to break. Mr Renault added that CELTIC THUNDER was in a prominent position before breaking, and was in contention for 3rd or 4th place but eventually finished in 5th place.
Mr Anderson said that SUNNY GLENIS’ record showed that she had been warned numerous times for ducking in and ducking out during her races. He said she ducked into the passing lane when they turned for home and he pulled her out. He said that she went straight after that but ducked out again and he straightened her again. Mr Anderson stated that SUNNY GLENIS would have won the 2nd day at Westport but she ducked out on the home turn. He said there was not a lot you could do with her as you didn’t know whether she would duck outwards or inwards.
Mr Wallis responded to a question from the Committee in regard to SUNNY GLENIS who, he said, had not been warned for several starts but understood where Mr Anderson was coming from. He said that SUNNY GLENIS had ducked into the passing lane at the top of the straight and was straightened but what concerned the Stewards was that Mr Anderson did not make enough of an effort to straighten the mare until after contact was made, in the second incident.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Anderson had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
sumissionsforpenalty:
Mr Wallis informed the Committee that Mr Anderson drove on 97 occasions last season and to date, this season, on 15 occasions. He stated he had a clear record and had admitted the breach, for which credit should be given. Mr Wallis said the JCA Penalty Guide provided for a 10-drive suspension or a $500 fine for a breach of his rule. The aggravating factor, he said, was the runner that was interfered with, which was in contention to finish 3rd or 4th, but due to the incident, finished in 5th place. Taking all factors into consideration, both mitigating and aggravating, Mr Wallis submitted that a 10-drive suspension be considered as penalty. He said that Mr Anderson would normally drive, on average, 2 to 3 times per race day and submitted that a 4-day suspension as equivalent to 10 drives be considered as penalty in this case.
Mr Anderson stated he had 6 horses racing at the moment and future driving would be at the Nelson meetings, Timaru meeting on 16 January and Marlborough meetings in January.
reasonsforpenalty:
The JCA Penalty Guide provides a 10-drive suspension for a mid-range breach of this rule. We assessed this breach as mid-range with the aggravating factor in this case being the consequences of the interference caused to CELTIC THUNDER at the 75m affecting this horse's chance of finishing in a higher place. This we determined, warranted an uplift which we set at 3 drives. We were, however, able to afford Mr Anderson a combined discount for his clear record and his ready admission of the breach. This discount we set at 3 drives. We therefore determined that a 10-drive suspension was an appropriate penalty.
In considering penalty we determined that Mr Anderson drove on average 2.5 drives per race day which we calculated to a 4 day suspension.
penalty:
Mr Anderson’s Horseman’s licence is suspended from the completion of racing 30 December 2018 up to and including 18 January 2019. Relevant meetings encompassed in this period of suspension are Nelson 11 January, Nelson 13 January, Timaru 16 January and Marlborough 18 January 2019.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr S Wallis - Stipendiary Steward
JockeysandTrainer: Mr R Anderson - Open Horseman
Otherperson: Mr S Renault - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: ded65d00047aa1163392f7ec53fb0977
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 5f8f1ad63053a1451a59a718b899e43d
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 30/12/2018
meet_title: Reefton TC - 30 December 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: reefton-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: DAnderson
meet_pm2: none
name: Reefton TC