Reefton TC 8 March 2020 – R 11 – Chair, Mr R McKenzie
ID: JCA18222
Meet Title:
Reefton TC - 8 March 2020
Meet Chair:
RMcKenzie
Meet Committee Member 1:
DAnderson
Race Date:
2020/03/08
Race Number:
R11
Decision:
Ms Diamant having admitted the charge, the charge was found proved.
Penalty:
Ms Diamant’s application for a deferment of suspension is granted.
Ms Diamant’s Junior Driver’s licence is suspended from 16 March 2020 to 11 April 2020 both dates inclusive – 5 days. The meetings intended to be encompassed by the term of suspension are Waimate TC on 22 March, NZ Metropolitan TC on 27 March, Methven TC on 29 March, Rangiora HRC on 5 April and NZ Metropolitan TC on 11 April 2020.
Facts:
Following the running of Race 11, Team Teal Women Drivers Challenge Mobile Pace, an information was filed by Stipendiary Steward, Mr R A Quirk, against Licensed Junior Driver, Ms S Diamant, alleging that Ms Diamant, as the driver of MARKHAM EYRE in the race, “drove carelessly entering the home straight when striking the sulky wheel of OLIVE COOK (A J Tomlinson) resulting in her horse breaking”.
Ms Diamant was present at the hearing of the information. She confirmed to the Committee that she had been offered assistance from a senior driver but she had waived that right. She indicated that she understood the Rule and the charge and that she admitted the breach.
Rule 869 provides as follows:
(3) No horseman in any race shall drive:-
(b) carelessly.
Mr Quirk had Stipendiary Steward, Mr S P Renault, show video replays of the incident as the field entered the final straight. He pointed out MARKHAM EYRE, driven by Ms Diamant, racing in the trail behind the leader, OLIVE COOK (A J Tomlinson). Upon straightening, Ms Diamant attempted to take the passing lane, but had anticipated the run becoming available too quickly, Mr Renault said. As a result, her runner made contact with the inside wheel of Mrs Tomlinson’s sulky and went into a break. Mr Renault pointed out the head of Ms Diamant’s runner inside of Mrs Tomlinson just prior to the passing lane. Ms Diamant had gone “a couple of strides too soon”, Mr Renault said.
The Committee noted that MARKHAM EYRE broke and lost its chance, beating only one other runner home.
Ms Diamant said that her horse was on the bit and travelling well and she felt she had a chance to win the race. However, she admitted, she had shifted in too soon and had struck Mrs Tomlinson’s wheel.
Submissions for Penalty:
Mr Quirk said that Ms Diamant has a clear record under the careless driving rule and has admitted the breach. This season, she has had 12 drives. The starting point for penalty is a 10-drives suspension or a $500 fine, Mr Quirk said. He pointed out the aggravating factor that Ms Diamant’s horse had lost its chance in the race. Mitigating factors were her admission of the breach, her good record and her limited income as a junior driver. Stewards were seeking a fine in this instance, Mr Quirk said.
Ms Diamant said that she was already facing a fine from the meeting of Westport TC two days earlier, so would prefer a term of suspension for this breach. She does not earn much she told the Committee. She would wish any suspension to start after 15 March next as there is a further race in the Team Teal Ladies Challenge and a Junior Drivers race at the Banks Peninsula TC meeting on that date.
Reasons for Penalty:
Ms Diamant has asked for a suspension rather than a fine and the Committee is prepared to consider that. The Penalty Guide starting point for a mid-range breach is a 10-drives suspension. Ms Diamant is a Junior Driver and does not have many raceday drives – only 12 this season before today. On that basis, a 10-drives suspension for Ms Diamant could involve a term of suspension of up to 6 months. That would be unduly punitive and would not serve to encourage Ms Diamant to further her career. The Committee has therefore decided on a penalty of a 5-days suspension (approximately 4 weeks), which takes into account those factors referred to by Mr Quirk in his penalty submissions and Ms Diamant’s inexperience. It is hoped that this penalty, which is not insignificant, is a sufficient incentive to Ms Diamant to take more care in the future.
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: fe222274d3acce96460b1581aa05cded
informantnumber: A10781
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: admitted
penaltyrequired: 1
decisiondate: 13/03/2020
hearing_title: Reefton TC 8 March 2020 - R 11 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 11, Team Teal Women Drivers Challenge Mobile Pace, an information was filed by Stipendiary Steward, Mr R A Quirk, against Licensed Junior Driver, Ms S Diamant, alleging that Ms Diamant, as the driver of MARKHAM EYRE in the race, “drove carelessly entering the home straight when striking the sulky wheel of OLIVE COOK (A J Tomlinson) resulting in her horse breaking”.
Ms Diamant was present at the hearing of the information. She confirmed to the Committee that she had been offered assistance from a senior driver but she had waived that right. She indicated that she understood the Rule and the charge and that she admitted the breach.
Rule 869 provides as follows:
(3) No horseman in any race shall drive:-
(b) carelessly.
Mr Quirk had Stipendiary Steward, Mr S P Renault, show video replays of the incident as the field entered the final straight. He pointed out MARKHAM EYRE, driven by Ms Diamant, racing in the trail behind the leader, OLIVE COOK (A J Tomlinson). Upon straightening, Ms Diamant attempted to take the passing lane, but had anticipated the run becoming available too quickly, Mr Renault said. As a result, her runner made contact with the inside wheel of Mrs Tomlinson’s sulky and went into a break. Mr Renault pointed out the head of Ms Diamant’s runner inside of Mrs Tomlinson just prior to the passing lane. Ms Diamant had gone “a couple of strides too soon”, Mr Renault said.
The Committee noted that MARKHAM EYRE broke and lost its chance, beating only one other runner home.
Ms Diamant said that her horse was on the bit and travelling well and she felt she had a chance to win the race. However, she admitted, she had shifted in too soon and had struck Mrs Tomlinson’s wheel.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Ms Diamant having admitted the charge, the charge was found proved.
sumissionsforpenalty:
Mr Quirk said that Ms Diamant has a clear record under the careless driving rule and has admitted the breach. This season, she has had 12 drives. The starting point for penalty is a 10-drives suspension or a $500 fine, Mr Quirk said. He pointed out the aggravating factor that Ms Diamant’s horse had lost its chance in the race. Mitigating factors were her admission of the breach, her good record and her limited income as a junior driver. Stewards were seeking a fine in this instance, Mr Quirk said.
Ms Diamant said that she was already facing a fine from the meeting of Westport TC two days earlier, so would prefer a term of suspension for this breach. She does not earn much she told the Committee. She would wish any suspension to start after 15 March next as there is a further race in the Team Teal Ladies Challenge and a Junior Drivers race at the Banks Peninsula TC meeting on that date.
reasonsforpenalty:
Ms Diamant has asked for a suspension rather than a fine and the Committee is prepared to consider that. The Penalty Guide starting point for a mid-range breach is a 10-drives suspension. Ms Diamant is a Junior Driver and does not have many raceday drives – only 12 this season before today. On that basis, a 10-drives suspension for Ms Diamant could involve a term of suspension of up to 6 months. That would be unduly punitive and would not serve to encourage Ms Diamant to further her career. The Committee has therefore decided on a penalty of a 5-days suspension (approximately 4 weeks), which takes into account those factors referred to by Mr Quirk in his penalty submissions and Ms Diamant’s inexperience. It is hoped that this penalty, which is not insignificant, is a sufficient incentive to Ms Diamant to take more care in the future.
penalty:
Ms Diamant’s application for a deferment of suspension is granted.
Ms Diamant’s Junior Driver’s licence is suspended from 16 March 2020 to 11 April 2020 both dates inclusive – 5 days. The meetings intended to be encompassed by the term of suspension are Waimate TC on 22 March, NZ Metropolitan TC on 27 March, Methven TC on 29 March, Rangiora HRC on 5 April and NZ Metropolitan TC on 11 April 2020.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: R A Quirk, Stipendiary Steward
JockeysandTrainer: S Diamant, Licensed Junior Driver
Otherperson: Mr S Renault - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 704a9d8e018672bfc7e50c269eb10c4b
race_expapproval:
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race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R11
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 8229fd1ea3ecbe9cfb41f75737002030
meet_expapproval:
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waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 08/03/2020
meet_title: Reefton TC - 8 March 2020
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: reefton-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: DAnderson
meet_pm2: none
name: Reefton TC