Stratford TC 27 February 2016 – R 1 – Chair, Mr P Williams
ID: JCA13053
Meet Title:
Stratford TC - 27 February 2016
Meet Chair:
PWilliams
Meet Committee Member 2:
TBird
Race Date:
2016/02/27
Race Number:
R1
Decision:
Penalty:
Mr Dickson is fined $250.
Facts:
Following the running of race 1 the “Dairymaster/Ecolab Handicap Trot” Information A3721 was filed by Stipendiary Steward Mr S Mulcay alleging a breach of Rule 869(3)(b) by Open Horseman Mr S Dickson. The Information stated “that S Dickson drove carelessly near the 600m causing interference to “Primus Inter Pares” (S McCaffrey) which broke and settled at the rear”. Mr Dickson signed the Information admitting the breach and also endorsed it saying that he did not wish to be present for the hearing because of a personal commitment away from the races.
Rule 869(3)(b) states:- “No horseman in any race shall drive carelessly”.
Submissions for Decision:
Mr Mulcay used the film from the tower towards the end of the back straight to identify Mr Dickson approaching the 600m mark driving “Lady J” racing three back on the fence following Mr D Ferguson driving “Chiltons Vocation”. To Mr Dickson’s outside was “Larch” driven by Mr D Butcher and behind Mr Butcher was Mr McCaffrey driving “Primus Inter Pares”.
Mr Mulcay said the film showed Mr More driving “Bim Bom Bay” move to a 3 wide position with Mr Butcher coming out to be on Mr More’s back and Mr P Ferguson driving “Pippa Middleton” move to a position immediately behind Mr Butcher. Mr Mulcay said as Mr Butcher moved out to follow Mr More, Mr McCaffrey commenced to move into, and become established in, the gap created by Mr Butcher. At the same time Mr Dickson started to move out causing Mr McCaffrey to race in restricted room for some distance because Mr Ferguson was to his outside. Mr Mulcay said the outward movement of Mr Dickson caused a “3 into 2 won’t go” situation and as a result Mr McCaffrey’s horse struck the wheel of Mr Ferguson’s sulky and broke. The film also clearly showed that as Mr McCaffrey’s horse broke it very nearly hit Mr Ferguson who could be seen to duck underneath the horse's head. Mr Mulcay concluded by saying that after the incident Mr Dickson was to the outside of Mr D Ferguson which supported the fact that Mr Dickson had moved out when there was not sufficient room to do so.
Submissions for Penalty:
Mr Mulcay said Mr Dickson had not breached this Rule in the previous 12 months. He said the JCA’s Penalty Guidelines state a starting point for a breach of this Rule is a $500 fine or a 10 drive suspension. Mr Mulcay said the stewards believed a suspension was an appropriate penalty and that Mr Dickson be suspended for two days. He also said that when talking to Mr Dickson when he endorsed the Information that he did not wish to attend the hearing he said Mr Dickson had said he would prefer a suspension to a fine. When asked if Mr Dickson had indicated whether he wished to defer any suspension that might be given Mr Mulcay said he had not asked that of Mr Dickson. Mr Mulcay was then asked to contact Mr Dickson and ascertain whether he wished to defer any suspension or whether he wished it to start at the close of racing today. Following an adjournment Mr Mulcay indicated he had contacted Mr Dickson who told him that his preference was now for a fine rather than a suspension.
Reasons for Penalty:
The Committee has reviewed the films of the incident which was fully described by Mr Mulcay and also considered his supporting submissions. It is clear Mr Dickson shifted out from his position on the rail near the 600m and did so without first looking to assess whether he could do so without impacting on any other runner. As a result of that movement Mr McCaffrey, who was already well established in the gap created by Mr Butcher’s forward movement, was placed in restricted room which caused his horse to strike Mr Ferguson’s sulky wheel, break and then also almost strike the back of Mr Ferguson who ducked and managed to avoid being hit. The Committee notes that Mr McCaffrey was able to settle his horse almost immediately and finish the race in second place. The Committee believes the severity of the carelessness to be in the low to mid range.
The JCA’s Penalty Guidelines state a starting point for a breach of this Rule is a $500 fine or a 10 drive suspension. The Committee notes Mr Dickson has admitted the breach, had approximately 60 drives this season and has not breached the careless driving Rule in the previous 12 months. Whilst noting Mr Mulcay’s submission that a 2 day suspension was an appropriate penalty the Committee believes that for a driver with limited driving opportunities a fine is an appropriate penalty. That said, we believe the fine should equate as closely as possible in value to a 2 day suspension to be as consistent as possible with a number of recent decisions imposed by Committees for similar breaches of the Rule. The Committee believes that Mr Dickson could be expected to have up to 5 drives over 2 days and we therefore assess the equivalent value of a two day suspension to be $250.
JCA Decision Fields (raw)
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hearingid: 3b31838f6f7fb4292ad800822cb36970
informantnumber: A3721
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless driving
plea: admitted
penaltyrequired: 1
decisiondate: 28/02/2016
hearing_title: Stratford TC 27 February 2016 - R 1 - Chair, Mr P Williams
charge:
facts:
Following the running of race 1 the “Dairymaster/Ecolab Handicap Trot” Information A3721 was filed by Stipendiary Steward Mr S Mulcay alleging a breach of Rule 869(3)(b) by Open Horseman Mr S Dickson. The Information stated “that S Dickson drove carelessly near the 600m causing interference to “Primus Inter Pares” (S McCaffrey) which broke and settled at the rear”. Mr Dickson signed the Information admitting the breach and also endorsed it saying that he did not wish to be present for the hearing because of a personal commitment away from the races.
Rule 869(3)(b) states:- “No horseman in any race shall drive carelessly”.
appealdecision:
isappeal:
submissionsfordecision:
Mr Mulcay used the film from the tower towards the end of the back straight to identify Mr Dickson approaching the 600m mark driving “Lady J” racing three back on the fence following Mr D Ferguson driving “Chiltons Vocation”. To Mr Dickson’s outside was “Larch” driven by Mr D Butcher and behind Mr Butcher was Mr McCaffrey driving “Primus Inter Pares”.
Mr Mulcay said the film showed Mr More driving “Bim Bom Bay” move to a 3 wide position with Mr Butcher coming out to be on Mr More’s back and Mr P Ferguson driving “Pippa Middleton” move to a position immediately behind Mr Butcher. Mr Mulcay said as Mr Butcher moved out to follow Mr More, Mr McCaffrey commenced to move into, and become established in, the gap created by Mr Butcher. At the same time Mr Dickson started to move out causing Mr McCaffrey to race in restricted room for some distance because Mr Ferguson was to his outside. Mr Mulcay said the outward movement of Mr Dickson caused a “3 into 2 won’t go” situation and as a result Mr McCaffrey’s horse struck the wheel of Mr Ferguson’s sulky and broke. The film also clearly showed that as Mr McCaffrey’s horse broke it very nearly hit Mr Ferguson who could be seen to duck underneath the horse's head. Mr Mulcay concluded by saying that after the incident Mr Dickson was to the outside of Mr D Ferguson which supported the fact that Mr Dickson had moved out when there was not sufficient room to do so.
reasonsfordecision:
Decision:
sumissionsforpenalty:
Mr Mulcay said Mr Dickson had not breached this Rule in the previous 12 months. He said the JCA’s Penalty Guidelines state a starting point for a breach of this Rule is a $500 fine or a 10 drive suspension. Mr Mulcay said the stewards believed a suspension was an appropriate penalty and that Mr Dickson be suspended for two days. He also said that when talking to Mr Dickson when he endorsed the Information that he did not wish to attend the hearing he said Mr Dickson had said he would prefer a suspension to a fine. When asked if Mr Dickson had indicated whether he wished to defer any suspension that might be given Mr Mulcay said he had not asked that of Mr Dickson. Mr Mulcay was then asked to contact Mr Dickson and ascertain whether he wished to defer any suspension or whether he wished it to start at the close of racing today. Following an adjournment Mr Mulcay indicated he had contacted Mr Dickson who told him that his preference was now for a fine rather than a suspension.
reasonsforpenalty:
The Committee has reviewed the films of the incident which was fully described by Mr Mulcay and also considered his supporting submissions. It is clear Mr Dickson shifted out from his position on the rail near the 600m and did so without first looking to assess whether he could do so without impacting on any other runner. As a result of that movement Mr McCaffrey, who was already well established in the gap created by Mr Butcher’s forward movement, was placed in restricted room which caused his horse to strike Mr Ferguson’s sulky wheel, break and then also almost strike the back of Mr Ferguson who ducked and managed to avoid being hit. The Committee notes that Mr McCaffrey was able to settle his horse almost immediately and finish the race in second place. The Committee believes the severity of the carelessness to be in the low to mid range.
The JCA’s Penalty Guidelines state a starting point for a breach of this Rule is a $500 fine or a 10 drive suspension. The Committee notes Mr Dickson has admitted the breach, had approximately 60 drives this season and has not breached the careless driving Rule in the previous 12 months. Whilst noting Mr Mulcay’s submission that a 2 day suspension was an appropriate penalty the Committee believes that for a driver with limited driving opportunities a fine is an appropriate penalty. That said, we believe the fine should equate as closely as possible in value to a 2 day suspension to be as consistent as possible with a number of recent decisions imposed by Committees for similar breaches of the Rule. The Committee believes that Mr Dickson could be expected to have up to 5 drives over 2 days and we therefore assess the equivalent value of a two day suspension to be $250.
penalty:
Mr Dickson is fined $250.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr S Mulcay - Stipendiary Steward
JockeysandTrainer: Mr S Dickson - Open Horseman
Otherperson: Mr M Austin - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 5c306a89e1a9d6144ebfddd6638d5612
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race_title: R1
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meetdate: 27/02/2016
meet_title: Stratford TC - 27 February 2016
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meet_chair: PWilliams
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name: Stratford TC