Reefton TC 8 March 2015 – R 6
ID: JCA12930
Meet Title:
Reefton TC - 8 March 2015
Meet Chair:
KHales
Meet Committee Member 1:
RMcKenzie
Race Date:
2015/03/08
Race Number:
R6
Decision:
The charge of careless driving against Ms Ottley is found proved.
Penalty:
Ms Ottley is fined $200.
Facts:
It was alleged by the Stipendiary Stewards that Ms Ottley, the driver of Apache Moon" in the "Thomas Freight Mobile Pace" drove carelessly by allowing her horse to run inwards placing Mr R Holmes ("Gold In Deep") in restricted room. Ms Ottley denied the charge.
The fact situation alleged by the Stipendiary Stewards was quite simple and easily seen on the video coverage of the incident. Stipendiary Steward Wallis showed to the hearing how Ms Ottley came around the turn for home and was able to secure a run in the passing lane. However, "Gold In Deep" was to her inside and with about 250 metres to run began to take the running line inside of Ms Ottley. There was ample room for it to do so. "Apache Moon" then moved inwards before "Gold In Deep" could run through on the inside. The consequence was that "Gold In Deep" made contact, momentarily, with the running rail. Ms Ottley straightened her horse and "Gold In Deep" was able to get past, going on to win the race by a long neck. Mr Renault asked the Committee to observe that Ms Ottley was continuing on with driving her horse out, using her whip. Mr Renault estimated that Ms Ottley allowed her horse to run inwards for about 4 strides before taking corrective action.
Ms Ottley said in her defence that her actions were not intentional, but said that the horse has a tendency to run in, and that is why it races with a bit pricker on the near side, to deter it from running in. She said that it was starting to "lug in" before Mr Holmes got to her. Ms Ottley said that she took quick corrective action when she became aware of Mr Holmes coming through on her inside, and observed that "Gold In Deep" went on to beat her quite easily. She took the reins in both hands to enable her to steer her horse out, but at the same time to enable her to "keep driving" her horse competitively. She acknowledged that there was duty on her to straighten her horse before carrying on with driving her horse out.
Submissions for Decision:
Mr Renault submitted that Ms Ottley should have maintained a straight running line, and not allowed her horse to run in. He acknowledged that Ms Ottley straightened her horse but that the damage was done. He said that the incident should not have occurred. In summary, he submitted that Ms Ottley's driving actions were careless. Mr Renault asked us to note the position of her inside wheel on the track at the critical time.
Ms Ottley said that she placed emphasis on the corrective action that she took and that Mr Holmes' horse won quite easily.
Reasons for Decision:
It is accepted without reservation that Ms Ottley's action were not intentional. The question for this committee to determine is whether Ms Ottley's actions were careless. Ms Ottley was in a favourable position. She had a passing lane run. However, inside of her was more than sufficient room for another horse to compete against her. That must have been readily apparent to Ms Ottley. That being the case there was a duty on Ms Ottley to hold a straight line. Instead, Ms Ottley's horse drifted inwards at a critical time for Mr Holmes' horse. It was placed in restricted room as a consequence.
When it became apparent to Ms Ottley that "Gold In Deep" was improving well, and also apparent to Ms Ottley that it was in difficulty on the running rail, she then used the skill expected of her by straightening her horse allowing "Gold In Deep" room, which it took, to enable it to run on to win the race by a long neck from Ms Ottley's horse.
The end result was that in our view, Ms Ottley drove carelessly by not maintaining a straight running line. The degree of carelessness was not great, but that will be referred to in greater detail in the penalty decision.
Submissions for Penalty:
Mr Renault told us that Ms Ottley has had 308 drives in the current season. She last appeared before a Judicial Committee on 14th September 2014 on a charge pursuant to Rule 869(4) (causes interference) and was fined $400. Apart from that, Mr Renault said that her record was clear. He further submitted that the degree of carelessness was at the lower end of the scale and submitted that a fine in the region of $200-$250 should be imposed.
Ms Ottley had no submissions to make on the penalty.
Reasons for Penalty:
We do not consider that Ms Ottley's degree of carelessness was great. But having said that, there was some luck involved. "Gold In Deep" hit the running rail but fortunately it was only momentary, but even more fortunately, the horse did not break from its gait as a consequence. Had it broken from its gait, or had Ms Ottley held on to win the race , then there certainly would have been a protest which Ms Ottley would have in all probability have lost. Thus, luck was on Ms Ottley's side.
The starting point for penalty as set out in the Judicial Control Authority's penalty guide is a fine of $400 or an 8 drive suspension. We do not consider that a suspension is warranted. Therefore we take as our starting point a fine of $400.
We now turn to consider aggravating and mitigating features.
We do not find any aggravating features which warrant an uplift on our starting point.
The mitigating features are our view that the degree of carelessness was low, Ms Ottley took corrective measures quickly, and we recognise Ms Ottley's submission that the horse has a tendency to run in. That is why it is fitted with a bit pricker on the near side when racing. We give Ms Ottley credit for her good record and the fact that she is a "busy driver". The combination of these mitigating features allow us to afford Ms Ottley a discount of $200 on our starting point.
JCA Decision Fields (raw)
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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: 6abacf5376b9df4879d902f2e8aa1678
informantnumber: A4425
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless driving
plea: denied
penaltyrequired: 1
decisiondate: 02/03/2015
hearing_title: Reefton TC 8 March 2015 - R 6
charge:
facts:
It was alleged by the Stipendiary Stewards that Ms Ottley, the driver of Apache Moon" in the "Thomas Freight Mobile Pace" drove carelessly by allowing her horse to run inwards placing Mr R Holmes ("Gold In Deep") in restricted room. Ms Ottley denied the charge.
The fact situation alleged by the Stipendiary Stewards was quite simple and easily seen on the video coverage of the incident. Stipendiary Steward Wallis showed to the hearing how Ms Ottley came around the turn for home and was able to secure a run in the passing lane. However, "Gold In Deep" was to her inside and with about 250 metres to run began to take the running line inside of Ms Ottley. There was ample room for it to do so. "Apache Moon" then moved inwards before "Gold In Deep" could run through on the inside. The consequence was that "Gold In Deep" made contact, momentarily, with the running rail. Ms Ottley straightened her horse and "Gold In Deep" was able to get past, going on to win the race by a long neck. Mr Renault asked the Committee to observe that Ms Ottley was continuing on with driving her horse out, using her whip. Mr Renault estimated that Ms Ottley allowed her horse to run inwards for about 4 strides before taking corrective action.
Ms Ottley said in her defence that her actions were not intentional, but said that the horse has a tendency to run in, and that is why it races with a bit pricker on the near side, to deter it from running in. She said that it was starting to "lug in" before Mr Holmes got to her. Ms Ottley said that she took quick corrective action when she became aware of Mr Holmes coming through on her inside, and observed that "Gold In Deep" went on to beat her quite easily. She took the reins in both hands to enable her to steer her horse out, but at the same time to enable her to "keep driving" her horse competitively. She acknowledged that there was duty on her to straighten her horse before carrying on with driving her horse out.
appealdecision:
isappeal:
submissionsfordecision:
Mr Renault submitted that Ms Ottley should have maintained a straight running line, and not allowed her horse to run in. He acknowledged that Ms Ottley straightened her horse but that the damage was done. He said that the incident should not have occurred. In summary, he submitted that Ms Ottley's driving actions were careless. Mr Renault asked us to note the position of her inside wheel on the track at the critical time.
Ms Ottley said that she placed emphasis on the corrective action that she took and that Mr Holmes' horse won quite easily.
reasonsfordecision:
It is accepted without reservation that Ms Ottley's action were not intentional. The question for this committee to determine is whether Ms Ottley's actions were careless. Ms Ottley was in a favourable position. She had a passing lane run. However, inside of her was more than sufficient room for another horse to compete against her. That must have been readily apparent to Ms Ottley. That being the case there was a duty on Ms Ottley to hold a straight line. Instead, Ms Ottley's horse drifted inwards at a critical time for Mr Holmes' horse. It was placed in restricted room as a consequence.
When it became apparent to Ms Ottley that "Gold In Deep" was improving well, and also apparent to Ms Ottley that it was in difficulty on the running rail, she then used the skill expected of her by straightening her horse allowing "Gold In Deep" room, which it took, to enable it to run on to win the race by a long neck from Ms Ottley's horse.
The end result was that in our view, Ms Ottley drove carelessly by not maintaining a straight running line. The degree of carelessness was not great, but that will be referred to in greater detail in the penalty decision.
Decision:
The charge of careless driving against Ms Ottley is found proved.
sumissionsforpenalty:
Mr Renault told us that Ms Ottley has had 308 drives in the current season. She last appeared before a Judicial Committee on 14th September 2014 on a charge pursuant to Rule 869(4) (causes interference) and was fined $400. Apart from that, Mr Renault said that her record was clear. He further submitted that the degree of carelessness was at the lower end of the scale and submitted that a fine in the region of $200-$250 should be imposed.
Ms Ottley had no submissions to make on the penalty.
reasonsforpenalty:
We do not consider that Ms Ottley's degree of carelessness was great. But having said that, there was some luck involved. "Gold In Deep" hit the running rail but fortunately it was only momentary, but even more fortunately, the horse did not break from its gait as a consequence. Had it broken from its gait, or had Ms Ottley held on to win the race , then there certainly would have been a protest which Ms Ottley would have in all probability have lost. Thus, luck was on Ms Ottley's side.
The starting point for penalty as set out in the Judicial Control Authority's penalty guide is a fine of $400 or an 8 drive suspension. We do not consider that a suspension is warranted. Therefore we take as our starting point a fine of $400.
We now turn to consider aggravating and mitigating features.
We do not find any aggravating features which warrant an uplift on our starting point.
The mitigating features are our view that the degree of carelessness was low, Ms Ottley took corrective measures quickly, and we recognise Ms Ottley's submission that the horse has a tendency to run in. That is why it is fitted with a bit pricker on the near side when racing. We give Ms Ottley credit for her good record and the fact that she is a "busy driver". The combination of these mitigating features allow us to afford Ms Ottley a discount of $200 on our starting point.
penalty:
Ms Ottley is fined $200.
hearing_type: Hearing
Rules: Rule 869 (3) No horseman in any race shall drive:, (b) carelessly
Informant: Mr S Renault - Stipendiary Steward
JockeysandTrainer: S Ottley - Licensed Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 156b03dddc4c153fcaaf8975898b242c
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R6
submittochair:
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race_km:
race_otherexp:
race_chair:
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meetid: 847143cdee41257e94cc9f074fc42ffb
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meet_emailed1: 0
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meetdate: 08/03/2015
meet_title: Reefton TC - 8 March 2015
meet_expappcomment:
meet_km:
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tracklocation: reefton-tc
meet_racingtype: harness-racing
meet_chair: KHales
meet_pm1: RMcKenzie
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name: Reefton TC