Thames HRC 5 October 2012 – R 2
ID: JCA11088
Meet Title:
Thames HRC - 5 October 2012
Meet Chair:
BScott
Meet Committee Member 1:
AGodsalve
Race Date:
2012/10/05
Race Number:
R2
Decision:
The breach has been admitted and accordingly the charge is proved.
Penalty:
The Committee orders that Mr Lu's Junior Drivers License is suspended from the conclusion of racing tonight up to the conclusion of racing on the 19th of October 2012. That in our estimate is 4 drives.
Charge:
Breach of Rule 869(3)(b) - Careless driving
Facts:
An Information was lodged by Stipendiary Steward Mr NM Ydgren against Junior Driver Mr D Lu alleging that Mr Lu drove RYKAARD carelessly when approaching the 1200 metres mark in that he failed to show sufficient care to ensure that his horse did not contact the sulky wheel of IDOLISE ME.
Rule 869(3)(b) provides that no horseman in any race shall drive carelessly.
Mr Lu was present and advised the Committee that he admitted the breach. He was assisted by Senior Driver Mr S Phelan.
Mr Ydgren gave evidence and he demonstrated the incident by use of the video films. He showed Mr Lu driving RYKAARD one out at the rear of the field following IDOLISE ME (Driver Mr J Dickie). He showed that at the 1200 metres mark RYKAARD broke after its front legs struck the sulky wheel of IDOLISE ME. Mr Ydgren advised the Committee that as a result of the contact the tyre came off the sulky wheel of IDOLISE ME and it had to be pulled up. IDOLISE ME was the favourite for the race.
Mr Ydgren did say that prior to the incident there was a slight easing of the pace and that this had been caused by the parked horse.
Mr Phelan pointed to the easing of the pace and said that the horses at the rear are the worst affected. He also said that prior to the incident the horse on the inside of Mr Lu had rushed up and had caused Mr Lu's horse to grab the bit and race more keenly.
Mr Lu said that the Trainer of his horse told him after the race that RYKAARD is the type of horse that gets on and off the bit.
Mr Ydgren did point out to the Committee that Mr Lu did not appear to be having any difficulty with his horse.
Submissions for Penalty:
Mr Ydgren said that the JCA Guidelines provide for a starting point penalty of suspension of Licence for 8 drives or a fine of $400.00.
He also pointed out that the incident resulted in 2 horses being put out of the race and that included the favourite.
Mr Ydgren advised that one of the mitigating factors was the easing of the pace. He also pointed out that Mr Lu is a Junior Driver. He said that he was licensed as a Junior in 2004 and that he drove up to 2006 and then took a break and came back in 2012. He produced Mr Lu's driving record showing that he has had 93 drives. He further advised that Mr Lu had been open and forthright in dealing with this charge which he has admitted.
He submitted that a suspension of Mr Lu's Licence for 3 drives was appropriate.
Mr Phelan submitted that the easing of the pace and Mr Lu's horse racing keenly should be taken into account as mitigating factors. He said that Mr Lu needed to be driving and he thought that he might have 1 or 2 possible drives coming up for his employer.
The Committee asked Mr Lu if he had any firm driving engagements in the next 7 days and he did not and advised that any suspension could start immediately.
Reasons for Penalty:
The incident is clearly shown in the video films. Mr Lu has admitted the breach but in reality he had no other option.
We are told of the easing of the pace but that did not seem to affect the other drivers around Mr Lu. It also appears that Mr Lu was not having any difficulty with his horse.
Mr Lu is a Junior Driver but he is a driver of some experience in that he has had 93 drives. We do however take into account the fact that he is a Junior Driver and that he has admitted the breach and that he has been straightforward in dealing with this charge.
Mr Lu however has clearly been careless and as a result he has affected the chances of not only his horse but also the favourite. That is of concern to us.
We have the benefit of JCA previous penalty statistics and as a result we believe that any suspension should be slightly higher than that submitted by Mr Ydgren.
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: 158fbef77b47582d27a1c0672ba2e9aa
informantnumber: A2480
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 04/10/2012
hearing_title: Thames HRC 5 October 2012 - R 2
charge:
Breach of Rule 869(3)(b) - Careless driving
facts:
An Information was lodged by Stipendiary Steward Mr NM Ydgren against Junior Driver Mr D Lu alleging that Mr Lu drove RYKAARD carelessly when approaching the 1200 metres mark in that he failed to show sufficient care to ensure that his horse did not contact the sulky wheel of IDOLISE ME.
Rule 869(3)(b) provides that no horseman in any race shall drive carelessly.
Mr Lu was present and advised the Committee that he admitted the breach. He was assisted by Senior Driver Mr S Phelan.
Mr Ydgren gave evidence and he demonstrated the incident by use of the video films. He showed Mr Lu driving RYKAARD one out at the rear of the field following IDOLISE ME (Driver Mr J Dickie). He showed that at the 1200 metres mark RYKAARD broke after its front legs struck the sulky wheel of IDOLISE ME. Mr Ydgren advised the Committee that as a result of the contact the tyre came off the sulky wheel of IDOLISE ME and it had to be pulled up. IDOLISE ME was the favourite for the race.
Mr Ydgren did say that prior to the incident there was a slight easing of the pace and that this had been caused by the parked horse.
Mr Phelan pointed to the easing of the pace and said that the horses at the rear are the worst affected. He also said that prior to the incident the horse on the inside of Mr Lu had rushed up and had caused Mr Lu's horse to grab the bit and race more keenly.
Mr Lu said that the Trainer of his horse told him after the race that RYKAARD is the type of horse that gets on and off the bit.
Mr Ydgren did point out to the Committee that Mr Lu did not appear to be having any difficulty with his horse.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The breach has been admitted and accordingly the charge is proved.
sumissionsforpenalty:
Mr Ydgren said that the JCA Guidelines provide for a starting point penalty of suspension of Licence for 8 drives or a fine of $400.00.
He also pointed out that the incident resulted in 2 horses being put out of the race and that included the favourite.
Mr Ydgren advised that one of the mitigating factors was the easing of the pace. He also pointed out that Mr Lu is a Junior Driver. He said that he was licensed as a Junior in 2004 and that he drove up to 2006 and then took a break and came back in 2012. He produced Mr Lu's driving record showing that he has had 93 drives. He further advised that Mr Lu had been open and forthright in dealing with this charge which he has admitted.
He submitted that a suspension of Mr Lu's Licence for 3 drives was appropriate.
Mr Phelan submitted that the easing of the pace and Mr Lu's horse racing keenly should be taken into account as mitigating factors. He said that Mr Lu needed to be driving and he thought that he might have 1 or 2 possible drives coming up for his employer.
The Committee asked Mr Lu if he had any firm driving engagements in the next 7 days and he did not and advised that any suspension could start immediately.
reasonsforpenalty:
The incident is clearly shown in the video films. Mr Lu has admitted the breach but in reality he had no other option.
We are told of the easing of the pace but that did not seem to affect the other drivers around Mr Lu. It also appears that Mr Lu was not having any difficulty with his horse.
Mr Lu is a Junior Driver but he is a driver of some experience in that he has had 93 drives. We do however take into account the fact that he is a Junior Driver and that he has admitted the breach and that he has been straightforward in dealing with this charge.
Mr Lu however has clearly been careless and as a result he has affected the chances of not only his horse but also the favourite. That is of concern to us.
We have the benefit of JCA previous penalty statistics and as a result we believe that any suspension should be slightly higher than that submitted by Mr Ydgren.
penalty:
The Committee orders that Mr Lu's Junior Drivers License is suspended from the conclusion of racing tonight up to the conclusion of racing on the 19th of October 2012. That in our estimate is 4 drives.
hearing_type: Hearing
Rules: Rule 869(3)(b)
Informant: Mr N M Ydgren - Stipendiary Steward
JockeysandTrainer: Mr D Lu - Junior Driver
Otherperson: Mr S Phelan - Senior Driver assisting Mr Lu
PersonPresent:
Respondent:
StipendSteward:
raceid: 6bd4777a03f7a0cf38b21e4e60b24394
race_expapproval:
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race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R2
submittochair:
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meetid: c8e9b91d239b63d4008c2d8b1879dcac
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meet_noreport: 0
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meet_emailed1: 0
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meetdate: 05/10/2012
meet_title: Thames HRC - 5 October 2012
meet_expappcomment:
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meet_otherexp:
tracklocation: thames-hrc
meet_racingtype: harness-racing
meet_chair: BScott
meet_pm1: AGodsalve
meet_pm2: none
name: Thames HRC