Archive Decision

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Timaru HRC 1 May 2011 – R 6

ID: JCA13919

Applicant:
N M Ydgren, Stipendiary Steward

Respondent(s):
R C Beale, Licensed Open Driver

Information Number:
69441

Hearing Type:
Hearing

Rules:
869 (3) (b)

Plea:
admitted

Meet Title:
Timaru HRC - 1 May 2011

Meet Chair:
RMcKenzie

Meet Committee Member 1:
KHales

Race Date:
2011/05/01

Race Number:
R6

Decision:

The charge was found proved.

Penalty:

Mr Beale was fined the sum of $250.

Charge:

Careless Driving

Facts:

Following the running of Race 6, Brosnan Transport Passing Lane Pace, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Mr R C Beale, alleging a breach of Rule 869 (3) (b) in that Mr Beale, as the diver of HANOVER FAIR in the race, “drove carelessly with 1150 metres remaining when allowing his horse to shift inwards when not sufficiently clear of MISTER DANN (C R Thornley) causing that horse to gallop and check GIVEITABOOTROBBIE (J R Dunn)”.

Mr Beale was present at the hearing of the information and he indicated that he admitted the breach.

Rule 869 provides as follows:
(3) No horseman in any race shall drive:-
(b) carelessly.

Submissions for Decision:

Mr Ydgren showed a video replay of the relevant part of the race. He pointed out HANOVER FAIR, driven by Mr Beale, improving round the field 3-wide nearing the winning post with a round to go. MISTER DANN was racing in the parked position with GIVEITABOOTROBBIE on the back of MISTER DANN. Mr Beale then crossed to the parked position when not sufficiently clear of MISTER DANN causing contact to that horse resulting in it galloping and causing some interference to GIVEITABOOTROBBIE. Mr Beale disputed that contact had been made.

Mr Ydgren said that Mr Thornley had attempted to help the situation by attempting to ease his horse out of it over a distance of 50-60 metres prior to the incident. He had called to Mr Beale several times but Mr Beale had persisted with the shift inwards until Mr Thornley ran out of room. Mr Thornley had advised the Stewards that there had been contact.

Submissions for Penalty:

Mr Ydgren referred to the Penalty Guide which recommended as a starting point for a breach of the rule a fine of $400 and/or a 2 weeks’ suspension. He informed the Committee that Mr Beale had a clear record under the Rule. He has had only six drives in the current season. Mr Ydgren said that although MISTER DANN and GIVEITABOOTROBBIE both received checks and lost good positions, both were able to settle and complete the race. Mr Ydgren referred to Mr Beale’s very frank admission of the breach. He submitted that a fine of $250 was appropriate.

Mr Beale told the Committee that he turns 75 in June and does not intend to renew his licence. He did not wish to make any submission in relation to penalty.

Reasons for Penalty:

In determining penalty, the Committee had regard to Mr Beale’s admission of the breach and his previous good record. The Committee also took into account, as aggravating factors, the interference suffered to the other two runners.

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: 806a0a846a724f70cec88bf76c567a14


informantnumber: 69441


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 14/04/2011


hearing_title: Timaru HRC 1 May 2011 - R 6


charge:

Careless Driving


facts:

Following the running of Race 6, Brosnan Transport Passing Lane Pace, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Mr R C Beale, alleging a breach of Rule 869 (3) (b) in that Mr Beale, as the diver of HANOVER FAIR in the race, “drove carelessly with 1150 metres remaining when allowing his horse to shift inwards when not sufficiently clear of MISTER DANN (C R Thornley) causing that horse to gallop and check GIVEITABOOTROBBIE (J R Dunn)”.

Mr Beale was present at the hearing of the information and he indicated that he admitted the breach.

Rule 869 provides as follows:
(3) No horseman in any race shall drive:-
(b) carelessly.


appealdecision:


isappeal:


submissionsfordecision:

Mr Ydgren showed a video replay of the relevant part of the race. He pointed out HANOVER FAIR, driven by Mr Beale, improving round the field 3-wide nearing the winning post with a round to go. MISTER DANN was racing in the parked position with GIVEITABOOTROBBIE on the back of MISTER DANN. Mr Beale then crossed to the parked position when not sufficiently clear of MISTER DANN causing contact to that horse resulting in it galloping and causing some interference to GIVEITABOOTROBBIE. Mr Beale disputed that contact had been made.

Mr Ydgren said that Mr Thornley had attempted to help the situation by attempting to ease his horse out of it over a distance of 50-60 metres prior to the incident. He had called to Mr Beale several times but Mr Beale had persisted with the shift inwards until Mr Thornley ran out of room. Mr Thornley had advised the Stewards that there had been contact.


reasonsfordecision:


Decision:

The charge was found proved.


sumissionsforpenalty:

Mr Ydgren referred to the Penalty Guide which recommended as a starting point for a breach of the rule a fine of $400 and/or a 2 weeks’ suspension. He informed the Committee that Mr Beale had a clear record under the Rule. He has had only six drives in the current season. Mr Ydgren said that although MISTER DANN and GIVEITABOOTROBBIE both received checks and lost good positions, both were able to settle and complete the race. Mr Ydgren referred to Mr Beale’s very frank admission of the breach. He submitted that a fine of $250 was appropriate.

Mr Beale told the Committee that he turns 75 in June and does not intend to renew his licence. He did not wish to make any submission in relation to penalty.


reasonsforpenalty:

In determining penalty, the Committee had regard to Mr Beale’s admission of the breach and his previous good record. The Committee also took into account, as aggravating factors, the interference suffered to the other two runners.


penalty:

Mr Beale was fined the sum of $250.


hearing_type: Hearing


Rules: 869 (3) (b)


Informant: N M Ydgren, Stipendiary Steward


JockeysandTrainer: R C Beale, Licensed Open Driver


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: b35587e7abd7766757ba33f8c873e75b


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R6


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 3fd781998c0f420a258fedf3fd4639f1


meet_expapproval: approved


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 01/05/2011


meet_title: Timaru HRC - 1 May 2011


meet_expappcomment:


meet_km: [{"Comment": [], "MemberRole": "Panel member 1 ", "MemberID": "KHales", "Member": "", "OtherExpenses": "0", "KMs": "364", "Total": "225.68", "kmprice": 225.68000000000001, "Approved": "on"}]


meet_otherexp:


tracklocation: timaru-hrc


meet_racingtype: harness-racing


meet_chair: RMcKenzie


meet_pm1: KHales


meet_pm2: none


name: Timaru HRC