Stratford TC 5 February 2012 – R 4
ID: JCA15512
Meet Title:
Stratford TC - 5 February 2012
Meet Chair:
TUtikere
Meet Committee Member 1:
ISmith
Race Date:
2012/02/05
Race Number:
Race 4
Decision:
As the charge was admitted it was found to be proved.
Penalty:
Mr Fleming’s horseman’s licence was suspended from the conclusion of racing on Sunday 5 February 2012 until the conclusion of racing on Thursday 9 February 2012. This is effectively the Wairarapa and Manawatu Harness Racing Club Meetings based at Manawatu Raceway during the period of suspension.
Charge:
Following Race 4, Licensed Horseman P Fleming was charged under Rule 869(3)(b). The information stated: ”You drove in a careless manner by allowing your horse to strike the wheel of the runner in front of you causing your horse to break.”
Rule 869(3)(b) states:
Facts:
Mr Fleming indicated to the committee that he understood Rule 869(3)(b) and that he admitted the breach.
Using the films, Mr Taumanu identified Mr Fleming driving RIVER EMPEROR on the back of MIAS DREAM (K Chittenden), located in the one-out position. Mr Taumanu pointed out Mr Chittenden turning his head on at least one occasion; an indication, in the stipendiary stewards’ assessment, that Mr Fleming had made contact with Mr Chittenden’s wheel. Mr Taumanu expressed his concern that whilst Mr Fleming admitted the breach, he believed that as Mr Fleming had reached down to pull his earplugs with his right hand, Mr Fleming had lost concentration resulting in RIVER EMPEROR striking the front horse’s wheel. Mr Taumanu submitted that Mr Fleming had struck the wheel on at least two occasions.
Mr Fleming stated that RIVER EMPEROR had lugged in badly, causing the horse to strike Mr Chittenden’s wheel. He agreed that when he went to pull the earplugs cord, he changed his grip and this resulted in his drive striking the wheel. He also submitted that he believed he only struck the wheel once.
Submissions for Penalty:
Mr Taumanu indicated that according to the JCA Penalty Guidelines, the starting point for a breach of this nature was a fine of $400 or a two (2) week suspension. He believed that this was an appropriate place for the committee to start.
Mr Fleming stated that he would prefer a period of suspension rather than a fine. He indicated that he had three or four drives at the upcoming meetings at Manawatu Raceway, and that he drove in the Central Districts region and also in Cambridge. Mr Fleming also said he was “guttered” by his action, as he did not deliberately seek to hit a wheel whilst driving. He also asked the committee to consider that the horse was struggling to get around the left-handed track; however, he accepted that he was fully responsible for his lapse of judgement in the home straight.
Reasons for Penalty:
Mr Fleming appeared before the committee on a breach of Rule 869(3)(b). The committee considered all of the submissions put before it, and noted that the JCA Penalty Guidelines indicated a starting point of a $400 fine or a suspension of eight (8) drives. With regard to these Guidelines, the committee believed a period of suspension was appropriate on this occasion and adopted a starting point of eight (8) drives. In mitigation the committee took into account Mr Fleming’s early admittance of the breach and his co-operation and conduct during the hearing. We placed the level of his carelessness at a low level. Mr Fleming, by his own admission, described his lapse of judgement as ‘guttering’, which indicated a sense of remorse and responsibility for his actions. For these reasons the committee considered a period of suspension covering the four (4) drives that Mr Fleming was likely to have over the two meetings based at Manawatu Raceway would serve as an appropriate penalty on this occasion.
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: 9d30ab581acacb7f97903ffa99300a53
informantnumber: 69022
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 02/02/2012
hearing_title: Stratford TC 5 February 2012 - R 4
charge:
Following Race 4, Licensed Horseman P Fleming was charged under Rule 869(3)(b). The information stated: ”You drove in a careless manner by allowing your horse to strike the wheel of the runner in front of you causing your horse to break.”
Rule 869(3)(b) states:
facts:
Mr Fleming indicated to the committee that he understood Rule 869(3)(b) and that he admitted the breach.
Using the films, Mr Taumanu identified Mr Fleming driving RIVER EMPEROR on the back of MIAS DREAM (K Chittenden), located in the one-out position. Mr Taumanu pointed out Mr Chittenden turning his head on at least one occasion; an indication, in the stipendiary stewards’ assessment, that Mr Fleming had made contact with Mr Chittenden’s wheel. Mr Taumanu expressed his concern that whilst Mr Fleming admitted the breach, he believed that as Mr Fleming had reached down to pull his earplugs with his right hand, Mr Fleming had lost concentration resulting in RIVER EMPEROR striking the front horse’s wheel. Mr Taumanu submitted that Mr Fleming had struck the wheel on at least two occasions.
Mr Fleming stated that RIVER EMPEROR had lugged in badly, causing the horse to strike Mr Chittenden’s wheel. He agreed that when he went to pull the earplugs cord, he changed his grip and this resulted in his drive striking the wheel. He also submitted that he believed he only struck the wheel once.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the charge was admitted it was found to be proved.
sumissionsforpenalty:
Mr Taumanu indicated that according to the JCA Penalty Guidelines, the starting point for a breach of this nature was a fine of $400 or a two (2) week suspension. He believed that this was an appropriate place for the committee to start.
Mr Fleming stated that he would prefer a period of suspension rather than a fine. He indicated that he had three or four drives at the upcoming meetings at Manawatu Raceway, and that he drove in the Central Districts region and also in Cambridge. Mr Fleming also said he was “guttered” by his action, as he did not deliberately seek to hit a wheel whilst driving. He also asked the committee to consider that the horse was struggling to get around the left-handed track; however, he accepted that he was fully responsible for his lapse of judgement in the home straight.
reasonsforpenalty:
Mr Fleming appeared before the committee on a breach of Rule 869(3)(b). The committee considered all of the submissions put before it, and noted that the JCA Penalty Guidelines indicated a starting point of a $400 fine or a suspension of eight (8) drives. With regard to these Guidelines, the committee believed a period of suspension was appropriate on this occasion and adopted a starting point of eight (8) drives. In mitigation the committee took into account Mr Fleming’s early admittance of the breach and his co-operation and conduct during the hearing. We placed the level of his carelessness at a low level. Mr Fleming, by his own admission, described his lapse of judgement as ‘guttering’, which indicated a sense of remorse and responsibility for his actions. For these reasons the committee considered a period of suspension covering the four (4) drives that Mr Fleming was likely to have over the two meetings based at Manawatu Raceway would serve as an appropriate penalty on this occasion.
penalty:
Mr Fleming’s horseman’s licence was suspended from the conclusion of racing on Sunday 5 February 2012 until the conclusion of racing on Thursday 9 February 2012. This is effectively the Wairarapa and Manawatu Harness Racing Club Meetings based at Manawatu Raceway during the period of suspension.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr T Taumanu - Stipendiary Steward
JockeysandTrainer: Mr P Fleming - Licensed Horseman
Otherperson: Mr S Wallis - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 7abff81e374970708b8f57db75b9ddf5
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: ba7815027555fd573ddff222b36f4dee
meet_expapproval: approved
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 05/02/2012
meet_title: Stratford TC - 5 February 2012
meet_expappcomment:
meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "TUtikere", "Member": "", "OtherExpenses": "0", "KMs": "400", "Total": "248.0", "kmprice": 248.0, "Approved": "on"}]
meet_otherexp:
tracklocation: stratford-tc
meet_racingtype: harness-racing
meet_chair: TUtikere
meet_pm1: ISmith
meet_pm2: none
name: Stratford TC